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Measures of property and administrative liability to representatives - employees of legal entities and government agencies in connection with abuse of rights

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Measures of property and administrative liability to representatives - employees of legal entities and government agencies in connection with abuse of rights  

The seventh part of Article 73 of the CPC stipulates that in case of violation of the time limits and the procedure for presenting evidence for reasons deemed disrespectful by the court, guilty officials or other persons not involved in the case are subject to administrative penalties. According to the information of the West Kazakhstan, East Kazakhstan, and Pavlodar regional courts, officials and other persons not involved in the process did not violate the terms and procedure for presenting evidence. Other courts have not taken any measures of influence in accordance with the requirements of the seventh part of Article 73 of the CPC when establishing such facts.  In some cases, private rulings were issued, which also did not achieve the expected result. For example, in the case of the JSC's claim against the Russian State University for the recognition of illegal acts on the results of an environmental compliance check, a request was sent to the State Duma.

The response to the court's repeated reminders has not been submitted within the time limit set by the court. In the case of the claim of the GU against LLP 1 and others for the recovery of the amount of the SME of the Mangystau region, the plaintiff's request for assistance in obtaining evidence was granted and a request was sent to LLP 2 indicating the deadline and e-mail address. The response to the request was received four months after the case was reviewed. 

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