Statement of claim to the court for compensation of 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 contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the Medeu District Court of Almaty
Plaintiff: ...... Kadyr Sultanovich
IIN........ Address: Almaty, ul......, 59, sq.10 Tel.: +7 700 .......
Answer: ........ Beisengali Baydusenovich IIN ....... Address:
Almaty, ul. ........, 41 Tel.: +7 775 ........
Statement of claim
on compensation for moral damage
On February 19, 2021, between me and a lawyer of the Almaty City Bar Association (hereinafter referred to as AGCA) ......... ....... Baydusenovich (hereinafter referred to as the Defendant) signed a Contract for the provision of legal assistance (hereinafter referred to as the Contract), according to which the Defendant accepted the assignment to file an appeal and participate in the Almaty City Court in the board of Appeal. In accordance with the instructions, the Defendant filed an appeal on my behalf against the decision of the Bostandyk District Court of January 26, 2021, however, without warning me and subsequently without informing me about it, for unknown reasons did not participate in the consideration of the appeal. I found out on my own that the Defendant did not participate in the consideration of the appeal and, wanting to get clarification from the Defendant, made attempts to contact him. However, the Defendant was absent from the workplace and did not answer the phone. Subsequently, I filed a complaint against the Defendant's actions with the AGCA.
Statement of claim to the court for compensation of moral damage
On October 4, 2021, the AGCA, having considered disciplinary case No. 73 against the Defendant, DECIDED: to recognize the presence in the actions of lawyer Urazov B.B. of a violation of the requirements of paragraph 4 of paragraph 1,2,3 and paragraph 13 of paragraph 2,3,5 of the Code of Professional Ethics of Lawyers, failure to comply with the requirements of the legislation of the Republic of Kazakhstan and decisions of the collegium bodies. To apply a disciplinary measure against him in the form of a severe reprimand. During the consideration of the disciplinary case, the defendant claimed that he had not participated in the consideration of the appeal due to the fact that he had not been provided with a notarized power of attorney from me, but the absence of a power of attorney is not a reason to dismiss a lawyer from the appeal. In accordance with Part 3 of Article 61 of the Civil Procedure Code of the Republic of Kazakhstan, the lawyer's authority to conduct a specific case is confirmed by a lawyer's certificate and a written notice of protection (representation) provided for by the Law of the Republic of Kazakhstan "On Advocacy and Legal Assistance." Thus, the law does not provide for the mandatory provision of a power of attorney to a lawyer to participate in the appeal hearing of the case.
By his actions, the Defendant deprived me of the opportunity to appeal the decision of the Bostandyk District Court of January 26, 2021, and thereby caused moral harm. In accordance with paragraph 1 of Article 951 of the Civil Code of the Republic of Kazakhstan, moral harm is a violation, diminution or deprivation of personal non-property benefits and rights of individuals, including moral or physical suffering (humiliation, irritation, depression, anger, shame, despair, physical pain, inferiority, discomfort, etc.) experienced (endured experienced) by the victim as a result of an offense committed against him, and in the event of his death as a result of such an offense - by his close relatives, spouse. According to clauses 1 and 3 of Article 952 of the Civil Code of the Republic of Kazakhstan, moral damage is compensated in monetary form regardless of the property damage to be reimbursed. According to paragraph 2 of Article 952 of the Civil Code of the Republic of Kazakhstan, when determining the amount of moral damage, both the subjective assessment of the victim or in the event of his death as a result of an offense committed against him by close relatives, spouse, the severity of the moral damage caused, and objective data indicating the degree of moral and physical suffering of the victim or in the event of the death of close relatives are taken into account. spouse: the vital importance of the good that was the object of encroachment (life, health, honor, dignity, freedom, inviolability of the home, etc.); the 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; the victim's living conditions (official, family, domestic, material, health status, age, etc.), and other circumstances worthy of attention. Paragraph 1 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No. 7 "On the application by courts of legislation on compensation for moral damage" (hereinafter referred to as the Regulatory Resolution) states that judicial protection of personal non–property benefits and rights belonging to individuals from birth or by virtue of law, as well as compensation for damage caused to them Moral damage is one of the effective guarantees for the realization of constitutional human and civil rights and freedoms. According to paragraph 9 of the Regulatory Resolution, the obligation to compensate for moral damage in accordance with paragraph 1 of Article 917 and paragraph 2 of Article 951 of the Civil Code arises if there are the following grounds: - committing an offense (tort) directly against an individual that encroaches on the personal non-property rights and benefits of that person protected by law.; - the causal relationship between the offense and the harm caused to the victim, and the violation of his personal non-property rights, resulting in moral or physical suffering in the event of his death, violation of the personal non-property rights of his close relatives;
Statement of claim to the court for compensation of moral damage
- the fault of the causer, except in cases provided for by law for compensation of personal non-property damage without fault. Thus, the amount of compensation that will provide compensation for the moral damage caused to me is 2,000,000 (two million) tenge. Based on the above, I ask the Court to: Collect from ...... ....... In favor of Baydusenovich ....... Kadyr Sultanovich's compensation for moral damage in the amount of 2,000,000 (two million) tenge.
To collect from Uraz ...... Baydusenovich in favor of ........ Kadyr Sultanovich the amount of the state duty in the amount of 20,000 (twenty thousand) tenge.
Applications:
A copy of the identity card .......... K.S.
Receipt of payment of the state fee.
The agreement on legal assistance dated February 19, 2021.
The decision of the AGCA Disciplinary Commission of Lawyers dated October 4, 2021.
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
