The form of the appeal against the court ruling
To the Appeals Board
in civil cases
East Kazakhstan Court
Republic of Kazakhstan, East Kazakhstan Region, 070019,
Ust-Kamenogorsk, Kasym Kaisenov str., 55.
from the Defendants: ________________
IIN: _____________
________________
IIN _____________
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibek Zholy Ave., office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
THE APPEAL
on the Ruling of the Semey City Court
East Kazakhstan region dated June 14, 201_
On June 14, 201_, the Semey City Court of the East Kazakhstan region, consisting of the presiding judge ______________., at the secretary of the court session ______________., with the participation of the representative of the defendants Sarzhanov S.T., acting based on the powers of attorney dated April 10, 201_, the plaintiff's representative ______________, acting on the basis of a power of attorney dated August 24, 201_, having considered the application in open court using an audio-video recording ________________ and ________________ on the restoration of the time limit for filing an appeal, the Court Determined - In satisfaction of the defendants' application ________________, ________________ to restore the deadline for filing an appeal against the decision of the Semeysky City Court of October 11, 201_ - to refuse. The appeal ________________, ________________ on the decision of the Semeysky city Court of October 11, 201_ – to return.
Thus, the Court reasoned its arguments as follows: Having studied the applications for the restoration of the appeal period, the appeal and the materials of the civil case, the court concludes that in satisfying the application ______________ and _____________ The restoration of the time limit for filing an appeal against a court decision must be refused on the following grounds. By the decision of the Semey City Court dated October 11, 201_, the statement of claim ______________ the debt collection is satisfied. Collected from ________________, ________________ in solidarity in favor of ______________ debt in the amount of 7538,000 tenge, court costs related to the refund of the state duty of 75380 tenge and expenses for the services of a representative in the amount of 35,000 tenge, postage in the amount of 1161 tenge, a total of 111541 tenge in equity in favor of ______________, 55,771 tenge each. According to paragraph 1 of Article 126 of the Civil Procedure Code (hereinafter referred to as the CPC), the time limits established by this Code may be restored by the court if they are missed for reasons recognized by the court as valid. However, the defendants ______________, ______________ They did not provide any valid reasons for missing the deadline for appealing the above-mentioned court decision. The defendants' arguments that ______________ from August 201_ to March 201_, he misled them, did not participate in court proceedings, did not inform the defendants, and therefore they missed the deadline for appealing the decision, and are insolvent. We hereby declare that this
The court's ruling on recognizing the defendants' arguments as disrespectful and untenable is illegal because: 1) The court violated the requirements of Articles 4 and 8 of the CPC RK (on the protection and restoration of citizens' rights); art. 1. paragraph 2 of the Law "On the Judicial system and status of Judges of the Republic of Kazakhstan" (on guarantees of judicial protection of citizens' rights); art.2 and art.9 of the Civil Code RK (on ensuring and protecting violated citizens' rights):
The legal profession is an integral part of the judicial system. Non-observance of legal discipline, improper performance by a lawyer of his professional duties, entailing violation of the legitimate rights and interests of citizens, is a gross violation of the law and unacceptable behavior of representatives of the judicial system in relation to the rights of ordinary citizens of the Republic of Kazakhstan.
It is precisely because of such gross violations of the lawyer. ______________ ( violation of Articles 1, Article 7, Article 15 of the Law "On Advocacy", a complaint was filed with the Prosecutor's Office of Almaty and the Bar Association of Almaty), the defendants missed the deadline for filing an appeal. In order to restore the missed appeal deadlines, and as the right of the defendants to defend their rights and interests in court, the defendants filed a motion to restore the procedural time limit. However, the arguments about the improper performance of legal duties ______________, which resulted in a violation of the rights and legitimate interests of the defendants, were found by the court to be disrespectful and untenable. Thus, the defendants perceive the court's ruling of 06/14/201_ as a refusal to protect and restore their violated and disputed rights and legitimate interests. Moreover, by their actions and decisions
The Semey City Court sets a precedent for unscrupulous lawyers throughout Kazakhstan, which contradicts the rules of the Code of Judicial Ethics, the requirements of the Law "On the Judicial System and Status of Judges of the Republic of Kazakhstan", the requirements of the CPC of the Republic of Kazakhstan and the Civil Code of the Republic of Kazakhstan, and also casts a shadow on the purity, transparency and fairness of judges of the city of Semey. 2) The court violated the principles of civil procedure and the requirements of art. 5 of the CPC RK:
Violation of Article 6 of the CPC RK (principle of legality) and Article 13 of the Constitution of the Republic of Kazakhstan. Court ruling dated 06/14/2011. The defendants perceive this as a denial of judicial protection of constitutional rights.
Violation of Article 15 of the CPC RK (the principle of competition and equality of the parties) and Article 14 of the Constitution of the Republic of Kazakhstan (equality before the law). Court ruling dated 06/14/2011. the defendants perceive it as a violation of equal rights.
Violation of art.22 of the CPC RK (the principle of freedom of appeal of judicial acts). The petition for the restoration of the procedural period also indicates a number of violations, both on the part of the plaintiff and on the part of the court. The defendants asked to pay attention to these violations, as a result of which judicial acts against the defendants are recognized as illegal. However, the court ignored these remarks. Thus, the defendants perceive the court's ruling of 06/14/201_ as a restriction on the freedom to appeal judicial acts.
Violation of the principles of civil procedure entails the cancellation of judicial acts, according to art.5 of the CPC RK. 3) The court violated the requirements of art.46 of the CPC RK (the right of defendants to provide evidence, to request additional evidence):
The petition for the restoration of the procedural period indicated a violation by the plaintiff of the requirements for securing evidence and the need for the court to demand additional evidence. However, the court ignored these remarks. Thus, the court's ruling of 06/14/201_ is perceived by the defendants as a restriction of their rights to claim additional obligations.
4) The court violated the requirements of art.124 of the CPC RK (application for restoration of the procedural term):
In the petition for the restoration of the procedural period, in addition to the reasons for missing the appeal, it was stated that the plaintiff had violated the CPC of the Republic of Kazakhstan (Articles 148, paragraphs 5 and 6, Article 149, paragraph 5, Article 152, paragraph 3, Article 149, paragraphs 4 and 5, art.72, paragraph 1 and art.73, paragraph 1), and There are also violations of the Civil Procedure Code of the Republic of Kazakhstan by the court (Articles 152, paragraphs 1 and 3, Articles 279, paragraph 1, Article 71, paragraph 1, and Article 163, paragraph 2, paragraphs 1 and 4). The defendants asked the court to pay attention to these violations and make appropriate decisions. 124 of the CPC RK, the court must accept the complaint for consideration after the expiration of the procedural period, since the defendants announced the restoration of the missed procedural period. However, the court ignored these complaints and observations, considering only the reason for missing the appeal, which is a violation of the law.
5) The court violated the requirements of art.126 of the CPC RK (on valid reasons for missing the procedural deadline):
All of the above arguments allow the defendants to state that the Definition of 06/14/2011. The Semey City Court violated their right to reinstate their violated rights and legitimate interests by an unscrupulous lawyer. Thus, the court's ruling of 06/14/201_ is incorrect and illegal.
In total, the Semey City Court in relation to citizens ______________ and ______________, The following violations were committed: By Decision of 11.10.201_:
CPC RK: art. 152 paragraphs 1 and 3, art.279 paragraph 1, art.71 paragraph 1 and art.163 paragraph 2 paragraphs 1 and 4
By Definition, dated 06/14/201_:
Constitution of the Republic of Kazakhstan: Articles 13, 14
CPC RK: Articles 4, 5, 6, 8, 15, 22, 46, 124, 126
Civil Code of the Republic of Kazakhstan: Articles 2, 9
The Law "On the Judicial system and the status of Judges of the Republic of Kazakhstan": art.2
And also, in relation to citizens ______________ and ______________, the following violations were committed: By the plaintiff ______________:
Civil Procedure Code of the Republic of Kazakhstan: Articles 148, paragraphs 5 and 6, Articles 149, paragraph 5, 152, paragraph 3, 149, paragraphs 4 and 5, 72, paragraph 1, and 73, paragraph 1
A lawyer ______________:
The Law "On Advocacy": Articles 1, 7, 15
According to paragraph 3 of Article 403 of the CPC appeal, a prosecutor's petition may be filed within one month from the date of the final decision, with the exception of the cases established by this Code, and by persons who did not participate in the court proceedings from the date of sending them a copy of the decision. The final court decision was appealed on October 18, 201_. On October 19, 201_, a copy of the decision was sent to the defendants for information under the outgoing number No. 6328-17-5-29/13473. Consequently, by virtue of the above-mentioned provision of the law, the period of appeal of this decision for the defendants is calculated from the date of sending a copy of the decision, that is, from October 19, 201_, which expired for them on November 20, 201_. In addition, the materials of the civil case contain receipts for the proper notification of the defendants about the time and place of consideration of the civil case. In accordance with subparagraph 3) of paragraph 1 of art. 407 CPC appeals and prosecutor's petitions are returned to the person who submitted them if the review period has expired and the complaint or prosecutor's petition does not contain an application for his reinstatement or if his reinstatement is refused.
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