Statement of claim on the collection of material and moral damage for actions that indecently discriminate, degrade the dignity and dignity of a person
The Court of Ili District of Almaty region
Civil plaintiff: s-a T Akhmetovna IIN:....
full name: A. T., abylai Khan STR., 26, mobile network: +7 747...
Representative on the letter of trust: .
mobile network:.
Civil defendants:
1. 06.06.1986 T. E-AI K-Gabidenovna
full name: Almaty, Isaeva Street ..
mobile network: +7 707...
2. 01.07.1988 T. D.-A T Gabidenovna
full name: Shymkent, IP.. 189 evartal 29/1 mobile network: +7 ...
STATEMENT OF CLAIM
on the production of material and moral damage
In the Constitution of the Republic of Kazakhstan, in the Basic Law, the highest values of the state are man, his life, rights and freedoms. According to the Constitution, every citizen of Kazakhstan has the right to life, freedom of expression, freedom of creativity, as well as freedom of religion, labor and recreation, health protection, free secondary education and inviolability of housing.
The defendants, on 08.07.2025, at 11:03, and then at 15:57, when the private prosecutor s-a T Akhmetovna is at the address: 26 Abylai Khan street, Askar Tokpanov Village, Ili District, sends the following words to his messenger watzap, insulting honor, indecently belittling the honor and dignity of another person:
"You don't have a gun!"!! In Ake-Chechnya, there are people who are neither wise nor educated, who do not dance respectfully!!!! In the beginning there was no brain!!! If you don't have brains and tarbien, what are you going to do?!! At the beginning of the year, Menin aitkan sozderim Durys was!!! "I don't know," he said.!!! "I don't know," she said.!! Kettinbe Endi kozimizge korinbe!!! The white shawl ursyn Seni tarbiesiz left on Earth!!! God will give you the punishment! "I'm sorry," I said. "I'm sorry," she said.!! "I don't know," he said.!!!
"Oh, animals. And you kimsins 3 zhalmauz that will be closed to my mother, the hats that I did not see, now my mother's jaw will rise and call us all, K - now they will write to you that you are the most noble person with pure morality, let the upbringing that you gave to your daughters! Let the white handkerchief hit you where you threw it! You are an animal that cannot be compared to the most intelligent person who has either not been educated or has no morals! "I don't know," he said. Build your daughter ahead now there is another! I'll show you what I've got to do." "I don't know," he said. You don't live on my mother's nails you and your daughter! Please.
Thus, the defendants e-ai K - Gabidenkyzy T. 06.06.1986 and D-A T. Gabidenovna T. 01.07.1988 fully realize their unlawful intentions, and the private prosecutor s-a T. Akhmetovna heard (received) the insult addressed to her, the composition of The Insult was completed.
That is, the fact of indecent discrimination, undermining the Honor, Honor and dignity, reputation of the direct victim, is confirmed by a message on the watzap network.
After these words, the private prosecutor felt bad and took a heavy heart and blocked the defendant's watzap line.
Thus, in two cases, a criminal offense was committed at the address: 26 Abylai Khan street, Askar Tokpanov Village, Ili district, that is, the complaint is subject to consideration in court at the place of commission of the criminal offense, which is specified in Article 314 of the criminal code.
At the time of the commission of this criminal offense, the private prosecutor s-a T. Akhmetovna was with T. T. Zhumanovna on 17.04.1987, that is, they were together at the address: 26 Abylai Khan street, Askar Tokpanov village, Ili district.
Paragraph 1 of Article 17 of the Constitution of the Republic of Kazakhstan clearly establishes the "inviolability of human dignity".
As specified in Part 2 of Article 131 of the Criminal Code of the Republic of Kazakhstan, the accused, using telecommunications, watzap networks, deliberately committed obscene words in the form of written messages that defame the victim in an indecent form, damaging his honor, dignity, reputation and aimed at undermining it, namely, insulting, that is, it is characterized by indecent discrimination of another person, damaging his honor, honor and dignity, reputation.
In accordance with paragraph 1 of Article 18 of the Constitution of the Republic of Kazakhstan, "everyone has the right to privacy, personal and family secrets, protection of honor and honor".
In accordance with Part 3 of Article 23 of the Criminal Procedure Code of the Republic of Kazakhstan, "the task of proving the guilt of a person in committing a criminal offense and refuting his arguments in defense is assigned to the criminal prosecution authorities, and in court proceedings-to public and private prosecutors."
According to Part 4 of Article 19 of the Criminal Procedure Code of the Republic of Kazakhstan, "the guilty verdict cannot be based on assumptions and must be confirmed by a sufficient set of admissible and clear evidence". At the same time, the prosecution proves that the words offensive to honor, honor, and reputation in the watzap networks are aimed at undermining it by the protocol of verification of evidence made on 10.07.2025, through a notary.
In accordance with paragraph 3 of the normative resolution of the Supreme Court of the Republic of Kazakhstan dated April 20, 2006 No. 4 on some issues of evaluation of evidence in criminal cases, a judge evaluates evidence, based on their totality, based on his internal convictions, guided by the law and conscience.
Part 2 of Article 131 of the Criminal Code of the Republic of Kazakhstan indicates signs of a criminal offense using telecommunications networks-insult, that is, the place of indecent discrimination of the dignity and dignity of another person as evidence of 10.07.2025, confirmed by the protocol of verification of evidence through a notary.
Considering that in Articles 7, 8 and 10 of the UN Universal Declaration of human rights, Article 14 of the International Covenant on Civil and Political Rights, Article 6 of the Convention on the protection of fundamental human rights and freedoms and Article 14 of the Constitution of the Republic of Kazakhstan, everyone is equal before the law and the court, and everyone has the right to consider the case in a competent, independent and impartial court established on the basis of law in a fair and public manner in determining their civil rights and obligations, at the same time, based on the requirements of Article 24 of the Criminal Procedure Code of the Republic of Kazakhstan, it is necessary to comprehensively, fully and objectively identify, examine, investigate the circumstances of this private prosecution complaint and adopt an appropriate fair sentence.
As a result of committing criminal offenses provided for in Article 131 of this criminal code, the accused incurred the following material costs:-2,500 tenge, 15,760 tenge, 28,310 tenge, 48,858 tenge paid through a notary for the minutes of verification of evidence, that is, the full amount:-95,428 tenge.
At the same time, moral damage was caused to the irreparable victim, who was not evaluated by the accused, the amount of which is: - 1,000,000 tenge from each.
The victim was forced to seek justice and turn to lawyers, for which the total amount of expenses incurred in connection with participation in the trial, including expenses for representation, amounted to: - 200,000 tenge.
In accordance with the requirements of Article 917 of the Civil Code of the Republic of Kazakhstan, the defendant is obliged to compensate in full for material damage caused by his fault.
In accordance with article 166 of the Criminal Procedure Code of the Republic of Kazakhstan, civil claims of individuals and legal entities on compensation for property and moral damage caused directly by a criminal offense or socially dangerous actions of an insane person, as well as on compensation for expenses incurred in connection with the burial, treatment of the victim, the amounts paid to him as insurance compensation, benefits or pensions, as well as expenses for representation, According to Article 167 of the Criminal Code of the Republic of Kazakhstan, a person or his representative who has caused direct property or moral damage by a criminal offense or a criminally punishable act of an insane person may file a civil claim from the beginning of the pre-trial investigation until the end of the judicial investigation. A civil claim in cases of crimes in the consequences of which a person died may be filed by close relatives, spouse (s) of the deceased, exercising the rights of the victim provided for by this code. A civil claim is filed against a suspect, accused, defendant or persons who bear material responsibility for his actions or actions of an insane person. According to Paragraph 1 of Article 951 of the Civil Code of the Republic of Kazakhstan, moral damage is a violation, discrimination or deprivation of personal non-property benefits and rights of individuals, including moral or bodily suffering (humiliation, resentment, oppression, anger, shame, despair, bodily suffering, disability, unfavorable situation, etc.) experienced by the victim as a result of an offense committed against him. In accordance with article 952 of the act of the Republic of Kazakhstan, moral damage is compensated in monetary form. When determining the amount of moral harm, both the victim's subjective assessment of the severity of the moral harm inflicted on him and objective data indicating the degree of moral and physical suffering of the victim should be taken into account: the vital importance of the good that has become the object of encroachment (life, health, honor, dignity, freedom, inviolability of the home, etc.) is taken into account.; severity of the consequences of the offense (murder of close relatives, infliction of bodily injuries resulting in disability, imprisonment, deprivation of work or housing, etc.); the nature and scope of dissemination of false shameful Information; living conditions of the victim (official, family, household, material, health status, age, etc.), other circumstances that deserve attention.
Moral damage is compensated regardless of the property damage to be compensated.
The actions of the accused caused damage to the victim, moral and mental, for the compensation of which we ask the court to compensate for moral damage. Compensation for moral damage has a positive effect on the defendants for their correction, they must understand that they must be responsible for all actions, moral damage is paid to them personally, before that, all losses were incurred by the victim himself.
Based on the report, the CPC of the Republic of Kazakhstan 71, 73, 75, 76, 162, 166, 167 guided by articles 917, 951, 952 of the Civil Code of the Republic of Kazakhstan, articles 48, 148, 149, 169 of the Civil Code of the Republic of Kazakhstan,
We ask the court:
1. the civil plaintiff shall recover from the defendants in favor of S.A. P. on 12/14/1967, material damage from K-G. E - ai dated 06.06.1986 and D-A T G dated 07/01/1988 in the amount of: - 95,428 tenge.
2. On 12/14/1967, the civil plaintiff, born in favor of S.A. from the civil defendants, recovered from the defendants on 06.06.1986, born in e-ay k-G. and on 07/01/1988, d - a t G. moral damage amounting to:- 1,000,000 tenge, i.e. out of two: - 2,000,000 tenge.
3.the civil plaintiff in favor of 14.12.1967 T. S.-A T. A. from civil defendants in favor of the defendants of 06.06.1986 T. e-ai K - G ZY and 01.07.1988 T. D. A T. An:-the collection of expenses incurred in connection with participation in the court, including expenses for representation in the amount of 200,000 tenge.
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