The practice of peaceful settlement of a judicial dispute through judicial mediation
October 30, 2020 The judge of the specialized interdistrict Economic Court of Almaty reviewed the civil case on the claim in a simplified procedure.: Limited Liability Company "VS" to Limited Liability Company "V.kz" about:
about debt collection;
on the recognition of acts of completed works as signed;
about collecting the amount of expenses;
on the recovery of the amount of the penalty;
Thus, the plaintiff appealed to the court with the above-mentioned claim to the court, and after negotiations during the court session, the parties to the case applied to the court for approval of the mediation dispute settlement agreement concluded between the parties to the case. In accordance with subparagraph 6 of Article 277 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), the court terminates the proceedings if the parties have concluded an agreement on the settlement of a dispute (conflict) through mediation, an agreement on the settlement of a dispute through a participatory procedure, and they are approved by the court. The court, having reviewed the terms of the dispute settlement agreement through mediation, recognizing that it does not affect the rights and obligations of third parties, and its content does not contradict the requirements of the law, considers it possible to accept and approve it. In such circumstances, the proceedings are subject to termination. Also, by virtue of subparagraph 3) of paragraph 1 of Article 108 of the Tax Code of the Republic of Kazakhstan, the state fee is subject to refund in part or in full if the case ends with an amicable agreement between the parties, an agreement on the settlement of a dispute (conflict) through mediation or an agreement on the settlement of a dispute through a participatory procedure in the courts of first and appellate instances.
The practice of peaceful settlement of a judicial dispute through judicial mediation
The court, taking into account the above circumstances and the terms of the mediation agreement, considers it appropriate to return to the plaintiff the amount of the state fee paid in the amount of 145,812 tenge. Guided by Articles 277-278, 268-269 of the CPC, the court DETERMINED: To approve the agreement on dispute settlement by way of mediation concluded between the parties to the civil case on the claim of the Limited Liability Company "VS" to the Limited Liability Company "V.kz" on debt collection, recognition of acts of completed works as signed, recovery of expenses and penalties, under the terms of which Party-2 undertakes to pay the amount of debt in the amount of 3,000,000 (three million) tenge by November 04, 2020. Party-1 accepts the obligation of Party-2 to make voluntary payment and waives the claim for debt collection and damages under the contract specified in the statement of claim. The parties agreed that in connection with the fulfillment by party-2 of its obligations and the repayment to party-1 of the amount of 3,000,000 (three million) tenge, the claims of the parties to each other will cease and in the future any property and other claims arising from this agreement will be excluded. As part of this agreement, Party-1 decided to reduce the requirement for payment for work under the contract in the amount of 685,336 tenge 84 tiyn. After party-2 makes the payment specified in paragraph 3, party-1 undertakes to hand over to the district Department of Internal Affairs a negative ESF in the amount of 685,336 tenge 84 tiyn.
After the payment is made by party-2 and the delivery of negative ESF by party-1, the parties undertake to sign an act of reconciliation of mutual settlements on the current date within 5 (five) business days. Party-2 will fulfill its obligations under this agreement voluntarily. The mediation agreement is subject to execution based on the principles of voluntariness and good faith of the parties. To terminate the proceedings in the present civil case. To return to the Limited Liability Company the VS state fee in the amount of 138,480 (one hundred and thirty-eight thousand four hundred and eighty tenge) tenge, paid on the receipt on October 19, 2002, in the amount of 1,389 (one thousand three hundred and eighty-nine), paid on the receipt dated October 19 and in the amount of 5,943 (five thousand nine hundred and forty-three) tenge, paid on the receipt dated October 20, 2020.
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