Withdrawal of the refusal to satisfy the Statement of Claim for the protection of honor, dignity and compensation for moral damage and recovery from the plaintiff of the costs of paying for the assistance of a representative
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Bostandyk District Court of Almaty to Judge D.A. Zhapakova.
Republic of Kazakhstan, Almaty, 050043, Orbita 2- microdistrict, 20 A.
from the defendant: ............... IIN ........... city of Almaty
Bostandyk district, ul..................., №98/32
Proxy representative: Law and Law Law Company LLP
represented by CEO Galymzhan Turlybekovich Sarzhanov
IIN 850722301036 Almaty, 79/71 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 700 978 5755
Feedback
for a statement of claim for the protection of honor, dignity and compensation for moral damage
Is there a civil case pending in your case №.............., according to the claim ............... ( next– the Plaintiff,) to ........... ( next – Defendant, Buyer) on the protection of honor, dignity and compensation for moral damage. With a claim .................. We disagree and consider them unfounded and illegal on the following grounds. 152 and 279 of the CPC RK and art. 402 of the Civil Code of the Republic of Kazakhstan, providing that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff has not complied with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure has not been lost and preserved. Review of the Statement of Claim for the protection of honor, Since this procedure is not prohibited by any of the regulatory acts of the Republic of Kazakhstan, using our rights and hoping that our Pre-trial claim and the facts stated in it will bring the Plaintiff to reason about her actions contrary to the law. In his statement of claim, the Plaintiff draws particular attention to the fact that the Plaintiff is forced to go to court in order to protect her rights, which are systematically violated by the Defendant.
In relation to her, the Defendant publicly disseminated deliberately false information on paper, undermining her honor and dignity. We disagree with the above arguments of the Plaintiff and consider it absurd, since the reason for our Pre-trial claim against the Plaintiff was violations of the norms of morality and ethics in the actions of the Plaintiff in the situation that arose on May 24, 2019. Since the Plaintiff was a witness and participant in the fact that on May 24, 2019, gr. ................. without consulting with other participants, she singlehandedly excluded ............... from a private shared WhatsApp chat of 5th grade parents. Thus depriving the opportunity to explain himself. Taking advantage of this circumstance, .............. and ................. they began to impose their point of view on other parents, setting them up against the child and Pak N.'s family, spreading false information that PN and Diana (Diana is PN's daughter) distribute videos and photos of their children and children of the class on the Internet. …………. she knowingly spread false information about the child...... and herself....., spreading photos of the child and other children on the Internet in a terrible way. What's in the photo of the child ....., the mats write.
What...... (daughter......)., disfigures the photo. That Diana was collecting signatures because someone was pissing the child off. Humiliating the honor and dignity of family members....... by talking about them in an unsightly light, that the Pak N. family makes her afraid, thereby sowing fear in people's minds. And also saying that..... it gives you pleasure to humiliate people, rummage through dirty laundry and get high from it, which.... She screams and doesn't have an adequate reaction to people. ……………. humiliating the honor and dignity of family members....., spoke about them in an unsightly light. Hinting that...... is running amok in society, that Diana is not a well-mannered child. Also referring to the fact that the school administration is only waiting for their statements about violations of the child, or violations of Pak N., in order to exclude the teenager from school....... and ............... By inciting social discord in the group, escalating the situation, and using various unfounded and false statements, they led the others to believe that they should get rid of the child by expelling him from school, suggesting that they get rid of the child quietly in secret from the child's parents. To do this, the Plaintiff decided to draw up a statement from the parents of the class addressed to the director. Unaware that information about the decision to expel the child would reach.... We agreed to discuss our actions at the next meeting, being sure that the family.... He won't come to the meeting. The appearance of a family at school...... on 05/25/2019 destroyed all your previous determination to complain to the family........
You didn't express your grievances at the meeting. You and 7 parents submitted an application to the principal after Diana's parents left the meeting, naively believing that your collective statement could legally expel the child from school. The response to the Statement of Claim for the protection of honor During the 11 years of being in school, the Defendant's family did not harm any of the parents and their children. The Defendant's family has never allowed themselves to make scandals, shout, etc. To make any statements discrediting the honor and dignity of parents and their children. That the Defendant and her family had not done anything wrong to the Plaintiff over the years, but the Plaintiff decided to exclude the Defendant's child from school, whereas in our country, according to Article 30, the Constitution of the Republic of Kazakhstan provides that citizens are guaranteed free secondary education in public educational institutions. Secondary education is mandatory. And I would like to inform you that the Constitution has the highest legal force and direct effect on the entire territory of the Republic. The Plaintiff's statement was the result of discussions on the Whatsapp public platform, where the rights and freedoms of the family were violated....... With her statement, the Plaintiff supported the expulsion of the child from school and the brazen lies spread by the above-mentioned persons, which means she became not only an observer, but also a participant in the events. We would like to inform the court that Pre-trial claims were sent to 20 citizens, where there were parents, as well as secondary school teachers, of whom five parents, having received a Pre-trial claim, admitted their guilt and fulfilled our demands by asking for an apology in a public chat (screenshots are available in the application).
In the Normative Resolutions of the Supreme Court of the Republic of Kazakhstan dated December 18, 1992 No. 6. "On the application in judicial practice of legislation on the protection of honor, dignity and business reputation of individuals and legal entities" in paragraph 1. It is stipulated that the dissemination of information discrediting the honor and dignity of a citizen or an organization means publishing it in the press, broadcasting it on radio, television, using other mass media, presenting characteristics, public speeches, statements addressed to various organizations, officials, or otherwise, including orally, to several persons or at least one person. The communication of such information to only one person concerned cannot be recognized as its dissemination. Discrediting the honor and dignity of a citizen is such untrue information that detracts from the honor and dignity of a citizen in public opinion or the opinion of individual citizens in terms of compliance with laws and moral principles of society. At the same time, demands for refutation of information containing relevant criticism of shortcomings in work, in a public place, in a team, or in everyday life cannot be considered justified. In the Statement of Claim, the Plaintiff groundlessly writes that the Defendant constantly accuse, slander, insult the Plaintiff and other parents, as well as the Defendant on his own initiative, without the approval and coordination with the Board of Trustees and the principal of the school in the 2018-2019 academic year, the Defendant compiled questionnaires for 5th grade students, where children were asked to answer incomprehensible questions.
The request of the school principal to provide the contents of these questionnaires was categorically refused by the Defendant. In this regard, the headmaster was forbidden to conduct such a survey in the classroom. In refuting this fact, I would like to remind the Plaintiff of article 274. The Criminal Code of the Republic of Kazakhstan, "Dissemination of knowingly false information", where the dissemination of knowingly false information that creates a danger of violating public order or causing significant harm to the rights and legitimate interests of citizens or organizations, or the legally protected interests of society or the state, is punishable by a fine or imprisonment. The plaintiff claims in his statement of claim that the Defendant publicly accuses the school administration of allegedly illegally collecting funds for conducting excursions for school students to the Keremet Su SKE LLP plant and the museum of "Honoring the Mother of Defenders of the Motherland." The plaintiff also points out that the defendant sees a criminal component in all the actions of the administration, the Board of Trustees of the school, writes complaints to the Prosecutor's office of Almaty, the Department of Internal Affairs of Almaty, the city's Education Department and groundlessly accuses the teaching staff, the parent committee of classes of bias against teachers and teachers in relation to the defendant's daughter and nephew of students in 6 and 8 "B" classes.
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.
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