Petition-for the recovery of legal aid
To the judge of the Nauryzbay district court of Almaty, A. M. Medetova
Mkr. Shugila, 347/11
+7 (727) 333‒13‒55 +7 (727) 333‒13‒51
Defendant: A. K. O.
IIN:.
City of Almaty,...
... 79 St., sq. 2
8 708 ...
Attorney-at-law Sarzhanov Galymzhan Turlybekovich
Law and Law Law Firm
INN 201240021767.
Republic of Kazakhstan, 050002, Almaty, Almaly
79/71 Abylai Khan Avenue, office 304.
e-mail: info@zakonpravo.kz website: www.zakonpravo.kz
tel.: +7 708 578 57 58 / 8 727 978 57 55.
Plaintiff: M. K. A.
IIN:.
Address: Almaty,..... 79, sq. 3
Proxy representative: B. Z. M.
Phone: 8 777 .
Statement
In your civil case No. 7585-23-00-2/1655, plaintiff M. K. A. (hereinafter referred to as the civil plaintiff) is the defendant.The civil case of O. A. K. (hereinafter referred to as the civil defendant) on the claim for removing obstacles by demolishing an unauthorized building has been considered.
After several court sessions in this civil case and an exit court session, the court "08" November 2023, due to the fact that the plaintiff did not apply to the Office of Urban Planning Control of Almaty in advance.
In addition, the defendant believes that his private land plot has a fence and a foundation. The court did not provide any documents stating that the plaintiff had filed a complaint with any state authorities that the specified facilities had been installed illegally, i.e. they had been arbitrarily erected.
Therefore, due to non-compliance with the pre-trial or out-of-court dispute settlement procedure and failure to eliminate the possibility of applying this procedure, the statement of claim must be returned - it leaves the statement of claim without consideration on the basis of subparagraph 1) of Article 279 of the CPC and explains to the plaintiff the right to apply to the appropriate body performing the relevant functions of guardianship or trusteeship on the specified issue.
According to Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, the court, at the request of the party in whose favor the decision was rendered, deducts from the other party the costs of paying for the assistance of a representative (several representatives) who participated in the process and was not in an employment relationship with this party, in the amount of the expenses actually incurred by the party.
The total amount of these expenses for property claims should not exceed ten percent of the satisfied portion of the claim. The amount of expenses for non-property claims is collected within reasonable limits, but should not exceed three hundred monthly calculation indices.
Based on this article, Zhaupker applied to the Law and Law Law Firm for legal assistance, having concluded contract No. 1808/23 and paid 300,000 tenge to the personal account of the office. The proof of this is the contract and receipt issued by the Caspi Pei application.
To date, the plaintiff's complaints to the competent authorities have not found their place or evidence. In response to the competent institution, it was decided that the foundation and the barn were legal.
The defendant is a single mother with many children, a recipient of state targeted social assistance, in whose family there is always an acute shortage of funds and there is no way to throw out extra funds on the street.
In accordance with Article 113 of the CPC of the Republic of Kazakhstan, based on the above, it follows,
I ask for a court:
To recover 300,000 tenge from the plaintiff, paid for the assistance of a lawyer in favor of the defendant.
With respect,
Lawyer: ________________/ G. T. Sarzhanov
"___"___________2024 the year
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
