Appeal of the court's decision on eviction from the apartment
To the judicial board
in civil cases
Almaty City Court
From the defendant: A/K.E.,
Almaty city, Medeu district,
prospect ....., house 50, office 417,
8 701
The appeal
By the decision of the Alatau District Court of Almaty dated 12/14/2023, the claim of plaintiff Z.O. to defendant A.K.E. for eviction from the apartment was satisfied.
K.E. A.'s side does not agree with this decision.:
According to paragraph 02) of Article 19 of the Constitution of the Republic of Kazakhstan, everyone has the right to use their native language and culture, to freely choose the language of communication, upbringing, education and creativity.
In accordance with parts 03), 04 of Article 14 of the Civil Procedure Code of the Republic of Kazakhstan, persons participating in the case who do not speak or do not speak the language in which the proceedings are conducted are explained and provided with the right to make statements, give explanations and testimony, file petitions, file complaints, challenge judicial acts, and get acquainted with materials. cases, speak in court in their native language or another language they speak; to use the services of an interpreter, a sign language specialist, free of charge for persons with hearing disabilities, in accordance with the procedure established by this Code; in civil proceedings, persons who do not speak the language of the proceedings are provided free of charge by the court with the translation of the case materials required by law. Persons participating in the case are provided free of charge by the court with a translation into the language of the proceedings of that part of the court proceedings that takes place in another language.
On 11.09.2023, lawyer S.A. from the side of A.K. asked the court to provide business studies with an interpreter who would translate the lawsuit and the documents attached to it into the state Kazakh language from Russian into the state Kazakh language.
However, Abiir K. both the lawsuit and the documents attached to it were not translated at all.
The translator was not present at the meetings scheduled on 03.10.2023 at 17:00 hours, on 10.11.2023 at 16:30 hours. An interpreter provided for subsequent sessions, an employee of the court, did not translate K. A. But the court did not consider the issue of bringing the translator to criminal responsibility.
The chairman, S.G.A., K.E.A., on 11/23/2023, ensured the participation of a professional translator, S.I., in only 1 meeting..
According to subparagraph 03) of part 04 of Article 427 of the Civil Procedure Code of the Republic of Kazakhstan, the decision of the court of first instance is subject to cancellation in any case if: the rules on the language of judicial proceedings were violated during the consideration of the case. In this case, due to the violation of the principle of civil procedure, the contested decision is certainly subject to cancellation.
According to paragraph 02) of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to judicial protection of their rights and freedoms.
The requirements of part 04 of Article 427 of the Civil Procedure Code of the Republic of Kazakhstan state that the decision of the court of first instance is subject to cancellation in any case if: The court resolved the issue of the rights and obligations of persons not involved in the case.
A.K.E. purchased the apartment on the basis of subparagraph 2.2. of the Contract No. 1005534632/28/2015 dated 05/22/2015 by installments with the permission of her husband A. S.
In addition to A.K.E., her husband A.S.Z. and their minor children, A.S.A. and L.S., live in the apartment..
The court did not involve A.S.Z. in the case. The court violated the right to defense in court of S.A., who was not involved in the case, and imposed on him the obligation to move out of the apartment. Therefore, the disputed decision is definitely subject to cancellation.
When the chairman, S.G.A., considered the case of A.K.E.'s eviction from the apartment, the chairman, A.D.S., took over the civil case of Plaintiff A.K.E. against Defendant O.Z. regarding the invalidation of the Apartment Purchase Agreement and the cancellation of its registration.
The next court hearing is scheduled for 19.01.2024 at 12:30 p.m. The court is attended by an employee of JSC "Sekerbank T.A.S." S.G..
A lawyer will participate in the defense of JSC Sekerbank T.A.S. and will be interviewed.
Circumstances of the case: Sekerbank T.A.S. JSC, which has been missing for 4 years, on 11/22/2021, demanded from A.K.E. the residual value of the apartment of 18,823,000 tenge for two months until 12/31/2021.
K. A. to refinance the 18,823,000 tenge loan in a Kazakhstani bank, Sekerbank T.A.S. JSC requested a certificate confirming that the apartment is in encumbrance. But the certificate was not provided.
Subsequently, JSC "Sekerbank T.A.S.", excluding the 6,895,000 tenge paid, unilaterally increased the cost of the apartment by 30,000,000 tenge.
JSC "Sekerbank T.A.S.", which wanted to sell the apartment to A. K.E. for 36,895,000 tenge, gave an advantage to a citizen of the Republic of Turkey O.3. and sold him for 22,000,000 tenge at a doubly low price.
During the case on 12/14/2023, the party A.K.E. in accordance with Part 4 of art. 272 of the CPC of the Republic of Kazakhstan, the Plaintiff's civil case O.3. in respect of the Defendant A.K., on eviction from the apartment, requested to suspend pending resolution of the Plaintiff's civil case A.K.E. in respect of the Defendant O.Z. on invalidation of the Apartment Purchase Agreement, and cancellation registration.
Article 4 of the Civil Procedure Code of the Republic of Kazakhstan defines that the objectives of civil proceedings are to protect and restore violated or disputed rights, freedoms and legitimate interests of citizens, the state and legal entities, respect for the rule of law in civil turnover, ensure full, timely, fair consideration and resolution of the case, promote peaceful settlement of disputes, prevent offenses and form a respectful attitude in society to the law and the court.
But the court did not wait for the resolution of the dispute case against Contract No. 10399 dated 08/03/2023, and unfairly deprived the Kazakh family of their only home.
According to Article 404 of the CPC of the Republic of Kazakhstan,
I ASK THE COURT:
To cancel the court decision taken on 12/14/2023 by the Alatau District Court of Almaty on the claim of Plaintiff O.Z. against Defendant A.K.E. for eviction from the apartment.
K.E. A.R. 01/19/2024
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