SETTLEMENT AGREEMENT on a criminal case under private prosecution
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aaa
08/25/1988g.r." IIN ///... residing at:
Almaty, Bostandyk district, ul...., 35, sq.40 tel: 8-747-……
The defendant is the accused: .............
Ministry of Health
Almaty, Auezovsky district, md.
LCD ".....", 40gtel:702-……..
SETTLEMENT AGREEMENT
April 1, 2023 city of Almaty
We, the undersigned:
AAA, hereinafter referred to as plaintiff - victim and "Party-1", on the one hand;
The Ministry of Health, hereinafter referred to as defendant - accused and "Party-2", on the other hand;
hereinafter referred to as the "Parties", have concluded this Settlement Agreement on the following:
The parties came to a peaceful settlement of the dispute over the claim of A.A. to the chief physician-director of the dental clinic "......" M.3. for the protection of honor, dignity, and business reputation, which is under the jurisdiction of the Auezovsky District Court No. 2 in Almaty.
In addition, this settlement agreement covers the peaceful settlement of a criminal dispute in the Bostandyk District Court No. 2 in Almaty on A.A.'s complaint under private prosecution under art. 131, Part 1,2 of the Criminal Code of the Republic of Kazakhstan on bringing to criminal responsibility M.Z.B.,
for the insults she posted on Instagram on the page of the dental clinic "....", with more than 46,000 subscribers, at the link: ……
on the social network Instagram, on the page at the link..... owned by M.Z.B., with 1,400 (thousand four hundred) subscribers
in the WhatsApp messenger in the chat ".....", the members of the group are dentists from all over Kazakhstan, as well as SMS and audio messages from the number + 7 778 ..... to the number + 7 747 ....,
- where photos of A...., messages, and a post were posted without permission, calling on everyone to beware of A ...., accusing her of stealing clinic patients and violating the employment contract, stealing the braces system, accusing her of immoral behavior, adultery, fraud, audio messages, where M.3. giving instructions to his colleague, named A.... "a fool, a small ass", during the inspection of the SES of the Auezovsky district, violating the secrecy of family and personal life, threatening to tell her husband everything, endangering her personal and family life, insulting honor and dignity, and business reputation.
This Settlement Agreement is subject to execution on the basis of the principles of voluntariness and good faith of the Parties.
The Parties confirm that the information provided by them, on the basis of which this Settlement Agreement is being signed, was complete and reliable.
The result of this Settlement Agreement is reconciliation of the parties, recognition of the obligations reached in accordance with this Settlement Agreement.
The content of the agreements and the terms of their execution:
The party is 1 A.A.A.:
Side-2 M.Z.B.:
From the moment of conclusion of this Settlement Agreement, Party-1 undertakes to accept apologies from the chief physician and director of the dental clinic." M. Z.E. for the offensive posts posted on the Instagram network, as well as in the Vacap groups.
M. to A. A.
From the moment of conclusion of this Settlement agreement, Party-2, on behalf of the chief physician and director of the dental clinic "...." M.Z.B., undertakes to apologize in the courtroom to Party-1"A.A., for the statements made and posted earlier on the social network "Instagram", the groups "Vacap" orthodontists of Kazakhstan, Stom. embraced by me, Stom.ads offensive posts
After signing this Settlement Agreement Party-1 undertakes to
apply to the courts of Auezovsky district No. 2 and Bostandyksky district No. 2 with applications for termination of proceedings for reconciliation of the parties
When signing this Settlement Agreement, Party-2 undertakes to
Reimburse Party-1 for representative services in the amount of 500,000 (five hundred thousand) tenge, as well as compensation for moral damage in the amount of 500,000 (five hundred thousand) tenge.
Party-1 confirms that this Agreement has been drawn up correctly, and has read its contents, which
recognized and complies with its
a valid expression of will and
intentions, as well as that it will not be appealed in the future.
The assumed obligations and responsibilities are recognized and recognized. Signed in his own hand.
From my words, it was printed correctly and read by me.
______Side- 1
Party-2 confirms that this Agreement has been drawn up correctly, and has been read with its contents, which is recognized and corresponds to its actual expression of will and intentions, as well as that it will not be appealed in the future.
The assumed obligations and responsibilities are recognized and recognized.
Signed in his own hand.
From my words, it was printed correctly and read by me.
_______Side- 2
The parties were informed of the consequences of concluding and approving this Settlement Agreement and terminating the proceedings provided for in Articles 277-278 of the CPC RK, as well as reconciliation in accordance with Article 68 of the CPC RK, namely, in the event of termination of the proceedings, a second appeal to the court in a dispute between the same parties, on the same subject and on the same grounds and charges are not allowed.
After signing this Settlement Agreement, the issue between the Parties is considered to be fully settled, without the right to make any claims against each other on this fact, and on the same grounds.
The Parties confirm that the conclusion of this Settlement Agreement does not contradict the law and does not violate anyone's rights, freedoms and legitimate interests.
The text of this Settlement Agreement has been studied and read by the Parties, the agreement has been drawn up in four copies, one for each party and one for each court for approval and storage in the materials of the civil and criminal case.
The parties, in accordance with the requirements of Articles 174-178 of the CPC RK and the requirements of Article 68 of the CPC RK, request the courts in which this dispute is pending to approve this Settlement Agreement and terminate the proceedings by attaching this Settlement Agreement to the case file.
If the terms of this Settlement Agreement are not voluntarily fulfilled, it is subject to compulsory execution on the basis of a writ of execution issued by the court at the request of one of the parties who concluded this Settlement Agreement.
The settlement agreement comes into force after its approval by the court and is valid until the Parties fully fulfill their obligations.
The parties have no mutual claims on the distribution of court costs.
In accordance with the legislation of the Republic of Kazakhstan, the parties request to approve this Settlement Agreement, and resolve the issue of refunding the state fee to the plaintiff paid upon filing the claim, and to terminate the proceedings.
The "Parties" to the civil and criminal proceedings hereby state that they understand the meaning and significance of signing this Settlement Agreement and are aware of the legal consequences of signing it, as well as the fact that when signing this Settlement Agreement and approving it by the court, and accordingly further termination of the proceedings, a second appeal to the court between the same parties, and on the same subject of dispute, for the same reasons is not allowed.
___________/ AAA
____________/ Ministry of Health
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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