The claims of the Consumer Cooperative PKSK Yuzhny for debt collection were left without consideration.

The Consumer Cooperative of Apartment Owners (PKSK) Yuzhny (hereinafter referred to as the Plaintiff) filed a claim against gr...... Larisa Yurievna (hereinafter referred to as the Defendant) for debt collection for 16 (sixteen) years. Having considered that this statement of claim should be returned to the Plaintiff with the refusal to satisfy all his claims on the following grounds. Firstly, the claim was accompanied by a certificate from the Almaty City Department of Justice, where the head of the PKSK is currently the former chairman of the PKSK, B.J. Yesenkulova. She was chairman from 2014 to 2015. Her term of office expired in January 2015, as according to paragraph 4 of Article 43 of the Law of the Republic of Kazakhstan "On Housing Relations" and the Charter of the PKSK Yuzhny, the chairman of the PKSK is elected only for 1 (one) calendar year. In January 2015, Yessenkulova B.Zh. was supposed to hold a reporting and re-election meeting, report on it and transfer her powers to the newly elected new chairman in accordance with paragraphs 2) paragraph 2 of Article 48 of the Law of the Republic of Kazakhstan "On Housing Relations". Because, Yesenkulova B.Zh. She was not going to resign from the position of chairman, in May 2017, at the general meeting of apartment owners, in accordance with Article 42-1 of the Law of the Republic of Kazakhstan "On Housing Relations", she was removed from this position, according to the minutes of the general meeting of apartment owners dated May 20, 2017. This meeting was also attended by a representative of the housing inspectorate of the KSU "Department of Housing and Housing Inspection of the city of Almaty" Musabekov S.D. After that and until today, no more meetings were held in the PKSK Yuzhny. The new chairman of the PKSK is T.N. Karabaev. In June 2017, he registered with the Department of Justice as the new chairman of the PKSK. Thus, the protocol of 2015 attached to Yesenkulova's claim is no longer legally binding and must be declared invalid. In addition, the protocol without questionnaires is invalid, and Yesenkulova does not have any questionnaires. Thus, as of May 20, 2017, Yesenkulova B.Zh. has no authority to file lawsuits on behalf of PKSK Yuzhny, issue invoices, and manage funds of PKSK Yuzhny. Secondly, in relation to Esenkulova B.Zh. In 2020, a criminal case was opened on the fact of forgery of seals and documents, and embezzlement of PKSK funds. The case was illegally closed, but reopened in March 2020 (Appendix No. 4). She is accused of falsifying minutes of meetings and questionnaires on her election as chairman. She is also accused of illegally withdrawing money from PKSK accounts using forged seals. Yesenkulova B.Zh. has never provided a report on the expenditure of PKSK funds. The PCSC members have no idea what their money is being spent on.

The claims of the Consumer Cooperative PKSK ) "Yuzhny" for debt collection were left without consideration

Thirdly, the registration of the condominium facility was not carried out for all 8 (eight) houses of the PKSK. Yessenkulova B.Zh. refers to articles 32 and 50 of the Law of the Republic of Kazakhstan "On Housing Relations", which refers to condominium facilities that do not exist. She did not provide a certificate of registration of the condominium facility. There is not even a mention of any condominium in the certificate of registration of a legal entity and in the charter of the PKSK. In addition, until 2014, the Defendant was part of another PKSK. Yesenkulova B.Zh. has nothing to do with the invoices issued from 2006 to 2013. The other chairmen did not need this money. They have made a lot of money from the illegal sale of basements for nightclubs, which have been haunted for many years. Fourthly, all the chairmen of PKSK Yuzhny, including Yesenkulova B.Zh., have not submitted a single report on the expenditure of PKSK funds since 2000. Yesenkulova B.Zh., demanding that I pay off the debt for 16 years (from 2006 to 2021), on the basis of paragraph 6 of Article 32 of the Law of the Republic of Kazakhstan "On Housing Relations", is obliged to provide all documents confirming her expenses and powers for these years. She must provide certificates of completed works, fiscal receipts, printouts of personal account statements of the PKSK, cost rates and calculations approved at general meetings, with questionnaires, all contracts with questionnaires with the consent of apartment owners, and so on. The credentials of all those who issued these invoices must also be confirmed. All minutes of general meetings with questionnaires for these 16 (sixteen) years must be submitted. For all financial reporting requirements, Yesenkulova B.Zh. She always responded with threats and insults against the Defendant and refused to provide reports. Fifth, on the basis of which documents does B.J. Esenkulova issue a separate bill for the maintenance of the emergency service at home? The cost of the emergency service is related to the cost of housing maintenance. Sixth, according to paragraph 1 of Article 92-2 of the Law of the Republic of Kazakhstan "On Notaries", an executive inscription is executed if the submitted documents confirm the indisputability of the debtor's debt or other liability to the recoverer, thereby the executive inscription was committed with significant violations. She asks to collect the debt for 16 years (instead of 3) and did not provide any documents that my debt is indisputable, although the term of office of B. Yesenkulova, as chairman, was supposed to expire in January 2015, did not provide a single financial report. She should have nothing to do with the invoices issued to the Defendant before 2014 and after 2017. Yesenkulova B.Zh. does not provide personal account statements of PKSK and hides what funds PKSK has and where they are spent. According to Article 178 of the Civil Code of the Republic of Kazakhstan, the general limitation period is set at 3 (three) years, thus the Plaintiff's claims for debt payment for the period from June 2006 to February 2021 are not legitimate.

The claims of the Consumer Cooperative PKSK Yuzhny for debt collection were left without consideration.

In accordance with paragraph 1 of Article 72 of the CPC RK, each party must prove the circumstances to which it refers as the grounds for its claims and objections, use remedies, assert, challenge facts, provide evidence and objection to evidence within the time limits set by the judge, which correspond to the fair conduct of the process and are aimed at facilitating the proceedings. Based on all of the above, in accordance with art. 166 CPC RK ASKED THE COURT to dismiss the claims of the Consumer Cooperative of apartment owners "Yuzhny" in full, applying the limitation period of 3 (three) years. On June 17, 2021, the Bostandyk District Court of Almaty, chaired by Judge Onlanbekova G.M., with the secretary of the court session Berzhan A., with the participation of the plaintiff, Chairman of the PKSK Yuzhny, Yesenkulova B.Zh., representative of the plaintiff Turkaev Zh., defendant ... A.Yu., representative of the defendant Sarzhanov G., having considered the civil case in open court in the courtroom. the case of the claim of PKSK Yuzhny to...... Larisa Yurievna for debt collection and counterclaim .... Larisa Yuryevna to PKSK Yuzhny on the recognition of the minutes of the general meeting as invalid, On the following: The statement of claim of PKSK Yuzhny to ..... Larisa Yuryevna on debt collection should be left without consideration. The counterclaim ...... Larisa Yurievna to PKSK Yuzhny on the recognition of the minutes of the general meeting as invalid should be left without consideration. To return to PKSK Yuzhny the paid state duty in the amount of 1,930 (one thousand nine hundred and thirty) tenge.

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