STATEMENT OF CLAIM for invalidation of the transaction

 

 

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                                                                                                                         Uralsk City Court No. 2

      The plaintiff:            J.G.D..

                     Born on 04/19/1980,

                     G.A..., mkr.S....,

                                 A.K. street .... d....., sq.4

                     IIN....

                                                                                            tel. 8701-.... (WhatApp)

                     Representative by proxy:         J.A.J...

                                                                                           IIN .....

       Registry of the Chamber No.... from 01.10.2020

                                                                                           phone: 8701..... (WhatApp)

 

                     The defendants:           D..B.T…

IIN....

city of..., village of…

St...... d...., sq. 16

     

Sh...R.E…

IIN …

G.U.....

 

                  The third person:         The investigator of the Zachagan department

                                                                                          the police of the city of .... DP West Kazakhstan region.

                                                                                           M.A.…

                                                                                           tel. 8707-.....

                                                                                 

                                                                                           Kaspiy Bank JSC

                                 

    STATEMENT OF CLAIM

on the recognition of the transaction as invalid

 

On November 26, 2020, citizen Zh.G.D. submitted the documents for temporary registration in the Spec.Atyrau PSC TOYOTACAMRY 50, 2014 white car with the state number ......10 (registration of the Republic of Armenia,VIN no...., registered on Zh.G.D., according to the decree of the Government of the Republic of Kazakhstan No. 306 dated.20.05.2020, "On certain issues of importation into the Republic Kazakhstan and the operation of certain vehicles registered in the Republic of Armenia by citizens of the Republic of Kazakhstan.", after submitting the documents to the Special Service Center, she was refused temporary registration. The reason for the refusal of registration is that this car was previously registered in the database of the Ministry of Internal Affairs.

There is a motivated explanation for this fact, on 02/24/2020, a citizen, Zh.G.D., filed a statement on fraud (190 of the Criminal Code of the Republic of Kazakhstan), which took place "on November 26, 2019" against a citizen, T.N.G., born on 11/05/1992, a native of Aktobe region, who entered the trust and through fraud received from J.G.D. for driving a TOYOTACAMRY 50 car, 2014, with the state number ....10 (registration of the Republic of Armenia VINNo. 4......

       This citizen, N.G.T., having received and subsequently implemented without consent, J.G.D.

This car was wanted, after which on 07/04/2020, citizen J.G.D., on her own and through friends, established the location of her car, which was illegally cleared by installing Kazakh state license plates on the car.....07, whose new owner was citizen D.B.T.. After that, Zh.G.D. called the police through the 102 control panel, where the car was arrested and handed over in the parking lot to the Uralsk Police Department of the West Kazakhstan region Police Department.

      Currently, a criminal case has been opened on this fact for fraud under Article 190, Part 3 of the Criminal Code of the Republic of Kazakhstan in Aktobe (Sazdinsky police Department), as well as a second criminal case under Article 385, Part 3 of the Criminal Code (Forgery, manufacture or sale of forged documents, stamps, seals, letterheads, state postage stamps of state awards (Uralsk, Zachigansky police department).

According to art.221 part 2 of the Criminal Procedure Code of the Republic of Kazakhstan, the investigator of the DP of the West Kazakhstan region handed over the car to me under a safe receipt.

Previously registered state mark ...... 07, and identification number VIN No.... The vehicles for the 2014 Toyota Camry were illegally registered by Special Forces employees.PSC of the city of Uralsk and the Administrative Police Department of the West Kazakhstan Region Police Department.

According to p. 5, p. 3, Chapter No. 1, of the Order of the Ministry of Internal Affairs of the Republic of Kazakhstan No. 862 dated December 02, 2014 "On approval of the Rules for State Registration and Accounting of certain types of vehicles by vehicle Identification number", hereinafter referred to as the state registration of the vehicle, including the primary registration of the vehicle – the procedure for admitting a vehicle to participate in road traffic, carried out by the authorized body after checking the compliance of documents with the legislation of the Republic of Kazakhstan, reconciliation of vehicle identification numbers with the issuance of the SRTS and the assignment of the GRNZ.

      Also in accordance with paragraph 22, Chapter No. 2, of the Order of the Ministry of Internal Affairs of the Republic of Kazakhstan.- If signs of forgery of the submitted documents are detected, the GRNZ, as well as information about the location of the vehicle (license plate units), the owner or the submitted documents are wanted by an authorized employee of the Department of Internal Affairs, an employee of the State Corporation, the relevant information is immediately transmitted to the Department of Internal Affairs duty station.

           Paragraph 16 of Chapter No. 2, the Rules state that for the initial registration of a vehicle, a list of documents is required, including payment of state duties and taxes on the basis of paragraph 4 of Article 553 of the Tax Code of the Republic of Kazakhstan.

       - Fulfillment of extended obligations by manufacturers (importers) during the initial registration of vehicles, established by the Environmental Code of the Republic of Kazakhstan.

However, employees of the state corporation and the Administrative Police Department of the DP of the West Kazakhstan Region violated and failed to comply with the above Rules, and therefore, the registration of the state mark .... 07, and the identification number VIN No....., for the 2014 Toyota Camry car were illegally registered in the name of the Ministry of Internal Affairs of the Republic of Kazakhstan.T. who bought from citizen S.R.E..

When checking by the police officers of the Uralsk City Police Department the history of the state vehicle sign .... 07, this sign belongs to another 1996 Golf 3 car, where S.R.E. altered the documents of a Toyota Camry.

This car was purchased in 2019 in the Republic of Georgia, after customs clearance in the Republic of Armenia and registered in the name of J.G.D., the database of the Ministry of Internal Affairs of the Republic of Armenia, which contains a scanned technical passport. Also, according to the response to the request of the National Security Committee of the Republic of Kazakhstan (BERKUT base), the car was imported into the Republic of Kazakhstan on 08.09.2019 through the Astrakhan-Atyrau post under the control of citizen J.G.D.

According to the request, to the Administrative Police Department of the Atyrau Police Department, which has a list of cars purchased by citizens of the Republic of Kazakhstan, which was officially received from the Ministry of Internal Affairs of the Republic of Armenia for temporary registration of cars in accordance with the Decree of the Government of the Republic of Kazakhstan No. 306 dated 05/20/2020, the response of which confirms the presence of the sole owner of the car, J.G.D.  

According to paragraph 1 of Article 9 of the Civil Code of the Republic of Kazakhstan, invalidation of a transaction is one of the ways to protect civil rights.

In accordance with Article 6 of the Constitution of the Republic of Kazakhstan, the right to private property is protected by law. Everyone has the right to own, own, use and dispose of property both individually and jointly with other persons, and no one should be arbitrarily deprived of their property. This car is the property of J.G.D., which is registered in the Republic of Armenia. Also, the forged state registration numbers are illegally supplied.

See also article 1 of Protocol No. 1 of March 20, 1952 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (as amended Protocol of May 11, 1994), according to which every natural or legal person has the right to respect for his property; no one can be deprived of his property except in the interests of society and under conditions stipulated by law and the general principles of international law.

Also, according to the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated July 07, 2016 No. 6, Article 17. To draw the attention of the courts to the fact that questions about the invalidity of the transaction and the application of its consequences are applied not only in civil but also criminal cases.

     In particular, when considering a criminal case, the courts that have established the fact that the defendants have obtained property benefits must evaluate transactions that are legitimate in form but fictitious in purpose and content, which do not indicate an intention to engage in entrepreneurial activity (cashing out funds, intermediary services, etc.) and are invalid by virtue of the law (void) because they were committed with a purpose that is obviously contrary to the principles of law and order or morality (paragraph 1 of Article 158 of the Civil Code).

        In the event that the court, when considering a criminal case, finds that the property that was owned by the defendant was obtained by criminal means or acquired with funds obtained by criminal means, issued to third parties, then considering such transactions, the court should also be guided by paragraph 1 of Article 158 of the Civil Code, assessing them as invalid (void) according to the law.

In the event that the court, when considering a criminal case, finds that the property owned by the defendant was obtained by criminal means or acquired with funds obtained by criminal means, issued to third parties, then considering such transactions, the court should also be guided by paragraph 1 of Article 158 of the Civil Code, assessing them as invalid (void) according to the law.

158 of the Civil Code of the Republic of Kazakhstan, a transaction the content of which does not comply with the requirements of the law, as well as a transaction made for a purpose knowingly contrary to the principles of law and order, is contested and may be declared invalid by a court, unless otherwise established by this Code and other legislative acts of the Republic of Kazakhstan.

 

Based on the above, and guided by the Rules of the Order of the Ministry of Internal Affairs of the Republic of Kazakhstan No. 862, art.158, art. 9 of the Civil Code of the Republic of Kazakhstan, art.17 Regulatory Resolution  Supreme Court of the Republic of Kazakhstan

I ask the court:

 

To recognize the transaction between the defendants of citizen Sh.R.E. and D.B. T. under the contract for the purchase and sale of Toyota Camry vehicles manufactured in 2014 with the identification number VIN No....  invalid due to its nullity due to its inconsistency.

 

Apply the consequences of invalidating an insignificant transaction.

 

To collect from the defendant, citizen Sh.R.E., a state fee of 50,869 tenge in favor of Zh.G.D.

 

Application: 1. Statement of claim

     2.A copy of the technical passport (registered in Armenia)

A copy of the personal identification number of J.G.D.

     4.A copy of the response from the National Security Committee of the Republic of Kazakhstan.

Response from the Administrative Division of Atyrau city.

Receipt of payment of the state duty.

Extract from the ward.

Attorney.

Additional documents on purchase in the Republic of Georgia

Customs clearance documents of the Republic of Armenia.

Car assessment (scan)

 

Representative by proxy                                                    

 

 

 

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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