Statement of claim for the protection of honor and dignity and compensation for moral damage
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please call; +7 (700) 978-57-55
To the Bostandyk District Court of Almaty
The plaintiff: ............. Born on 11/11/1983
IIN ......... Almaty, .............., building 14, building 17
Representative by proxy ...................
Almaty, MDR. ........, 59, office 86, office 8 701 …………
The defendant: ............... IIN 761209402633 Almaty,
Bostandysky district, St..... line,
D......, sq. 32 contact Phone. +7 775 ………………
STATEMENT OF CLAIM for the protection of honor and dignity and compensation for moral damage
I am, ...................., I am a parent ...................... pupils of the 6th "A" class of school No. 116, located at: Almaty, Auezovsky district ...... microdistrict, ..... I have to go to court in order to protect my rights, which are systematically violated by the Defendant. In relation to me, the Defendant publicly disseminated deliberately false information on paper that undermines my honor and dignity. On October 19, 2019, I am the Chairman of the Board of Trustees .................... music teacher ................, The head teacher and other parents of the students received pre-trial claims from the Defendant, who believes that she suffered material damage and moral harm, demanding that she personally apologize to the Defendant within 10 days for allegedly forcing her the child's participation in the class event against her will, as well as for allegedly spreading false information that the Defendant and her child were distributing photos and videos of class children on the Internet and that the Defendant was violent in society.
Statement of claim for the protection of honor and dignity and compensation for moral damage
Otherwise, the Defendant threatens us to go to the Criminal Court privately and to other competent authorities. The pre-trial claims specify in detail that all parties to the conflict will be charged with Article 131 of the Criminal Code of the Republic of Kazakhstan, i.e. insulting, humiliating the honor and dignity of the Defendant with a fine of 100 to 200 MCI, or correctional labor in the same amount, or community service from 120 to 180 hours. It all started with a school trip, where the former headmaster №...........Ah .................... For the purpose of universal development of pupils of school No. 116, at the general meeting of directors, it was announced that they would visit the Defenders of the Fatherland and Reverence of the Mother museum complex on a voluntary basis. The information was brought to the teachers, who provided information about the upcoming excursion to parents and students. 102 (one hundred and two) students agreed to go on the tour. The tour was organized by the Sole Proprietor "..............." as part of the program ................, articles by N. Nazarbayev's "Seven Facets of the Great Steppe" within the framework of the Project "Spiritual Shrines of Kazakhstan", as well as according to the Instructional and Methodological Letter "On the specifics of the organization of the educational process in secondary schools of the Republic of Kazakhstan in the 2018-2019 academic year. This tour was also conducted by the decision of the Board of Trustees dated January 18, 2019, where it was decided to visit national cultural sites. On December 13, 2018, between schools (IE ".............") and sole proprietors "..........." An agreement was signed and the tour was scheduled for February 18, 2019. The price specified in the contract was 2,500 (two thousand five hundred) tenge per person. Sole proprietor "..................." The relevant fiscal receipts and the Act of Completed Works No. 2 dated July 18, 2019 were issued.
However, after a successful excursion, the Defendant began to publicly accuse the entire school administration of allegedly illegally collecting funds for conducting excursions for school students to the Keremet Su SKE LLP plant and the museum of "Reverence for the Mother and Defenders of the Motherland", which took place during the last academic year. At the initiative of the Board of Trustees of the school, school-wide and class meetings were held several times, with the participation of representatives of the Department of Education, the Defendant was given full explanations on the collection of voluntary funds for the organization and conduct of these excursions, the absence of contradictions with the Order of the Department of Education of Almaty dated 12.09.2014 №337 "On the prohibition of collecting funds from parents of students and pupils". According to the Defendant's complaint, the Prosecutor's Office did not reveal any financial irregularities or criminal collusion between the school administration and the students' parents. The Almaty Prosecutor's Office sent a written response to the Defendant in the absence of corpus delicti in the actions of the organizers and performers of the excursions. On his own initiative, without the approval and coordination with the Board of Trustees and the principal of the school in the 2018-2019 academic year, the Respondent compiled questionnaires for students in grade 5A, where children were asked to answer incomprehensible questions. The request of the school principal to provide the contents of these questionnaires was categorically refused by the Defendant. In this regard, the headmaster was forbidden to conduct such a survey in the classroom. At the general school meeting, the parents of the students confirmed unanimously that the money was donated by the parents voluntarily, without coercion.
Head of Sole proprietorship ".................", At a school-wide meeting held on August 15, 2019, she returned to the Defendant a sum of 37,500 tenge, allegedly to refund money to parents who demanded a refund for the tour. However, the defendant took the money, but did not report the refund to the school. The fact that the Defendant received money from the sole proprietor "................" It is confirmed by a receipt dated 08/15/2019 and a screenshot of a message from the Respondent from the Whatsup chat of parents of 6th grade students. The rest of the parents, whose children participated in the excursions, refused to refund the money both verbally and in writing, as evidenced by the minutes of the meeting on the refusal of the dengue paid for the excursion.
Statement of claim for the protection of honor and dignity and compensation for moral damage
The Defendant is spreading false information about me and the following arguments of the Defendant, indicated in the claim: 1. that I allegedly took advantage of the Defendant's exclusion from the Whats up chat to impose my point of view on other parents, that I had turned my parents against the Defendant's daughter Plotnikova D. and the Defendant's family. That I had spread false information that the Defendant's daughter, D. Plotnikov, and the Defendant herself ................... They are distributing photos and videos of my daughter .............. and other children on the Internet in a terrible way. That I spoke about them in an unsightly light. That I was hinting that the Defendant ................. He is violent in society that the Defendant's daughter .................. an ill-mannered child and ill-mannered. 2. That by inciting social discord in the group, escalating the situation, and using various unfounded and false statements, I led the others to believe that the child (Diana Plotnikova) should be eliminated by expulsion from school. And that's why I decided to make a statement from the parents of the class addressed to the director. 4. That I have arranged the services of a photographer for the end of the school year. Before the event, Plotnikova D. She asked me for permission not to participate in the photo shoot. And that I allegedly rejected her daughter. That was my opinion, because other children need the photo. Also, during the photo shoot, Diana made it clear that she did not want to be photographed. However, through psychological pressure, I allegedly forced the Defendant's daughter to get in line and pose for a photographer. However, I have never spread false information about the Defendant or spoken ill of her or her daughter. I only expressed my opinion regarding the Respondent's posting of a shared photo of students with the words in the Whats up chat of parents of 6th grade students.: "Sit down! Stop! Stay down! Face it! Get in line, you sons of bitches! Get in line!" (a copy of the screenshot from the What up messenger is attached to the statement of claim). Other parents of the students can confirm that the Respondent posted a photo of the 6th grade students. In addition, I have never discussed the upbringing of the Defendant and her daughter Plotnikova D., nor have I urged the parents to expel the Defendant's daughter Plotnikova D. from school.
During the photo shoot, I did not exert psychological pressure on the Defendant's daughter Plotnikova, but only delicately asked her to take a shared photo with her classmates. It should also be noted that on October 3, 2019, a parent-teacher meeting was held and a protocol was drawn up with the participation of the school administration represented by ................., Chairman of the Board of Trustees ......................, parents of 6th grade students, homeroom teacher ................... and a professional mediator ..................... It was recorded in the protocol that there had never been a question of removing the Defendant's daughter from the classroom. ................. During the parent-teacher meeting, I also explained that the defendant's daughter ............... she went out with the whole class and took a picture with the consent of the defendant's mother ...................., What happened it is reflected directly in the protocol.
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
