Damage caused by unlawful actions (inaction) to property or non-property benefits and rights of citizens and legal entities is subject to compensation by the person who caused the damage in full.
K. filed a lawsuit with the State Institution "Department of Justice of Astana City" (hereinafter referred to as the State Institution), notary N., P. for recovery of material damage and moral damage. K. indicated that on March 16, 2012, she acquired ownership of a two–room apartment from P., which the latter had previously purchased from O. Later it turned out that the contract the purchase and sale between O. and P., registered by G., submitted by P. to notary N. is fake. Thus, as a result of the illegal actions of the defendants, she suffered material and moral damage. By the decision of the Saryarkinsky district court The claim was partially satisfied in Astana on April 29, 2013. With N. and P. in favor of K. 10,583,000 tenge were collected jointly for compensation of material damage, 100,000 tenge for compensation of moral damage, the cost of paying state duty in the amount of 121,816 tenge, the bank's commission in the amount of 2,064 tenge and 150,000 tenge for reimbursement of representative expenses. With JSC Insurance Company "N" in favor of K. the sum of the insured event was recovered – 1,512,000 tenge. The rest of the claim was denied.
Damage caused by unlawful actions (inaction) to property or non-property benefits and rights of citizens and legal entities is subject to compensation by the person who caused the damage in full.
By the decision of the Appellate Judicial Board for Civil and Administrative Cases of the Astana City Court dated September 2, 2013, which was left unchanged by the decision of the Cassation Judicial Board of the same court dated November 12, 2013, the court's decision was left unchanged. In the petition of K. and her representative M. asked to cancel the judicial acts partially with the issuance of a new decision on the recovery of amounts in solidarity with the State Duma in connection with violations of substantive law committed by the courts. The applicants also referred to a letter from the Registration Service and Legal Assistance Committee of the Ministry of Justice, which stated that at the time of state registration, there was an error and inconsistency with the requirements of the Law "On Notaries" and the Instructions on the Procedure for performing Notarial Acts in the Republic of Kazakhstan at the time of state registration. seller's signatures. In addition, the technical passport in the name of P. is executed on the letterhead of the Department of Justice of Astana, whereas it had to be executed on the strict reporting form of the RSE "Astana City Real Estate Center". The courts, based on the fact indicated in the letter, established violations by notary N. in performing notarial acts and collected from her in solidarity the amounts presented by the plaintiff, however, they did not find violations in the actions of the registering authority, despite the obvious facts. Having studied the case materials within the arguments of the petition, the supervisory board of the Supreme Court of the Republic of Kazakhstan amended the contested judicial acts on the following grounds. During the consideration of the case, the court found that the joint actions of P. and notary N. had caused harm to the plaintiff K. and satisfied the claims for his compensation, at the same time refused to satisfy the claim brought against the State Institution, pointing out that the employee of this legal entity did not have special knowledge and did not have special equipment to determine the authenticity of the purchase contract.sales submitted by P. for registration. The courts of appeal and cassation agreed with these conclusions. However, these conclusions do not correspond to the actual circumstances of the case. It follows from the case file that there is no signature of seller O. in the purchase and sale agreement submitted by P. for registration. No special knowledge or technique is required to establish the fact of compliance of the contract with the legislation (presence or absence of a signature), therefore, the arguments of the judicial authorities cannot be considered convincing. The fact of violations during the registration of the ownership of the disputed apartment for P. was established by the case materials, recognized by the leading specialist of the State Institution of N. and is not disputed by the parties.
It follows from paragraph 1 of Article 917 of the Civil Code that damage (property and (or) non-property) caused by unlawful actions (inaction) to property or non-property benefits and rights of citizens and legal entities is subject to compensation by the person who caused the damage in full.According to paragraph 1 of Article 921 of the Civil Code, a legal entity or a citizen compensates for the damage caused by its employee in the performance of labor (official, official) duties. In accordance with Article 932 of the Civil Code, persons who have jointly caused harm are jointly liable to the victim. At the request of the victim and in his interests, the court has the right to impose shared responsibility on the persons who jointly caused the harm. In such circumstances of the case, according to the norms of substantive law, K.'s claim against the State Institution is subject to satisfaction. In view of this, the supervisory board of the Supreme Court of the Republic of Kazakhstan changed the judicial acts issued in the case: regarding the refusal to satisfy K.'s claim to the State Duma, it canceled and adopted a new decision in this part. K.'s claim against GU was satisfied. With GU in favor of K. 10,583,000 tenge was recovered for compensation of material damage, 100,000 tenge for compensation of moral damage. The rest of the judicial acts remained unchanged.
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