APPLICATION to the Specialized Interdistrict Administrative Court for the issuance of a writ of execution and the Imposition of a monetary penalty

 

 

Specialized interdistrict administrative

the court of Aktobe region to judge Sultanova Zh.A.

 

from the Plaintiff M.A.B.A.

Aktobe, st. Zh., 1, sq.115

                                                                                   8747 ….

 

statement

on the issue of a writ of execution

Judge of the specialized interdistrict administrative Court of the Aktobe region Sultanova Zh.A., having considered the administrative case No. 1594-23-00-4/115 on the claim of M.A.B. and D.K.A. to the State Institution "Police Department of the Aktobe region of the Ministry of Internal Affairs of the Republic of Kazakhstan" 1. on recognition of actions illegal 2. on recovery of the amount of damages, the Court decided: to satisfy the administrative claim partially.  To recognize as illegal the actions of the state institution "Police Department of the Aktobe region of the Ministry of Internal Affairs of the Republic of Kazakhstan" on the entry of passport No. 10632034 dated December 12, 2016, issued in the name of M.A.B., in the list of lost documents.

To recover from the state institution "Police Department of the Aktobe region of the Ministry of Internal Affairs of the Republic of Kazakhstan" in favor of M.A.B. the amount of damages in the amount of 660,166 (six hundred and sixty thousand one hundred and sixty-six) tenge, court costs for the assistance of a representative in the amount of 100,000 (one hundred thousand) tenge.

To recover from the state institution "Police Department of the Aktobe region of the Ministry of Internal Affairs of the Republic of Kazakhstan" in favor of D.K.A. the amount of losses in the amount of 630 029 (six hundred thirty thousand twenty-nine) tenge.

To refund from the budget of M.A.B. the state duty in the amount of 7,637 (seven thousand six hundred thirty-seven) tenge. To refund the state duty in the amount of 7,335 (seven thousand three hundred and thirty-five) tenge from the budget of the D.K.A.

According to Article 161 of the CPC of the Republic of Kazakhstan, the court's decision has entered into force and the execution of the court's decision is possible only by force, since the defendant in the case does not voluntarily want to execute the decision.

To enforce a court decision, it is necessary to issue a writ of execution. We can get our hands on the writ of execution.

In accordance with Article 171 of the CPC of the Republic of Kazakhstan, after its entry into force, the court's decision is sent to the defendant for execution within three working days. The defendant is obliged to execute the court's decision on the administrative case within one month from the date of its entry into force, which he must notify the court about. If the court's decision is not executed voluntarily within the time period specified therein, the court of first instance shall impose a monetary penalty in the amount established by Article 127 of this Code.

  In addition, Article 172 of the CPC of the Republic of Kazakhstan provides if a court decision obliging the defendant to pay a sum of money, not executed voluntarily, is enforced on the basis of a writ of execution, which is issued at the request of the plaintiff.

Based on the above, guided by Articles 241,242,243 of the CPC, Articles 28, 171 172 of the CPC RK,

I ask the Court:

Issue a Writ of Execution (executive document) by a court decision dated May 12, 2023 on the claim of Azamat Baltabaevich Medelbaev and D.K.A. to the State Institution "Police Department of the Aktobe region of the Ministry of Internal Affairs of the Republic of Kazakhstan" 1. on recognition of actions as illegal 2. on recovery of the amount of damages;

To issue a court decision dated May 12, 2023 on the claim of M.A.B. and D.K.A. to the State Institution "Police Department of the Aktobe region of the Ministry of Internal Affairs of the Republic of Kazakhstan" 1. on recognition of actions as illegal 2. on recovery of the amount of damages;

To impose a monetary penalty on the defendant in the amount of fifty monthly calculation indices for non-fulfillment of the court decision within the time period established by the Code.

Yours sincerely,, ______________/ M.A.B.                

"____"___________ The year is 2024.

 

 

 

 

 

 

 

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