The applicant's application, based on the legal assessment of the evidence presented by the parties in the case, cannot serve as a basis for reviewing judicial acts.
A. the statement of claim states that the amount of alimony collected for the maintenance of four minor children in favor of the defendants was reduced by a court decision of March 19, 2010, and the amount of alimony collected in favor of each defendant was established in the amount of ¼ part of his income, then on October 18, 2013, a court order was adopted in favor of the defendant S. for the maintenance of his daughter M., born on September 10, 2010, and his son N., born on June 09, 2013, to collect alimony in the amount of ¼ part of monthly labor income, currently 83 percent of alimony from income "I'm sorry," he said., asked to reduce the amount of alimony. By the decision of the Kyzylorda City Court of December 4, 2013, which was left unchanged by the decision of the Appellate Judicial Board for civil and administrative cases of the Kyzylorda Regional Court of February 26, 2014, the claim was satisfied, and the amount of alimony collected for four children in favor of defendant S. from all income and other income of A. was reduced to 25%, the amount of alimony collected for two children in favor of defendant B. was reduced to 25%. By the decision of the Cassation Judicial Board of the Kyzylorda Regional Court dated April 15, 2014, the decision of the Appellate Judicial Board was left unchanged.
In the application of the applicant S., in disagreement with the court decisions taken in the case, indicating that the material and family situation was not taken into account by the courts, the court of first instance changes its decision, cancels the decisions of the judicial board and asks to set the amount of alimony collected in its favor at 34 %, in favor of B. 16%. Having checked the documents in the case, having studied the motives of the appeal, the judges of the collegium concluded that there is no reason to initiate supervisory proceedings. In accordance with article 387 of the Code of Civil Procedure of the Republic of Kazakhstan (hereinafter referred to as the code of civil procedure), a significant violation of material norms or procedural law is the basis for reviewing decisions, rulings, decisions of the court that have entered into legal force in the order of supervision. However, no such violations were allowed in the case. As can be seen from the collected evidence, by the decision of the Kyzylorda City Court of March 19, 2010, in favor of each of the defendants S. and B., The alimony collected from the plaintiff A. in the amount of 1/3 of his income was reduced to ¼ part. After the couple A. between me and S. on September 10, 2010, daughter M. and son N. were born on June 09, 2013. On October 18, 2013, on the basis of the application of S. for the adoption and storage of these children, a court order was issued for the recovery of alimony in the amount of 1/3 of the plaintiff's income. In accordance with paragraph 2 of Article 139 of the Code of the Republic of Kazakhstan" on marriage (matrimony) and family", the amount of established shares may be reduced or increased by the court, taking into account the material or family circumstances of the parties and other noteworthy circumstances.
In the process of satisfying the claim, the court of first instance based on the fact that plaintiff A. lived with Defendant S. and raised his children in a full family, and defendant B. single-handedly supported two children, so that his children with the second family created by the plaintiff did not see any defects in the payment of alimony. The appeal and Cassation courts checked the legality and validity of the decision of the court of First Instance and concluded that it is not subject to change. In this context, the applicant's application, based on the legal assessment of the evidence presented by the parties to the case, cannot serve as a basis for reviewing judicial acts. Therefore, the supervisory judicial board refused to initiate supervisory proceedings on the revision of the decision of the court of first instance, decisions of the appeal and Cassation judicial boards of the regional court. A copy of the resolution was sent to the applicant.
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