Pre-trial claim for false advertising and failure to issue a fiscal check

 

O.D.O.

IIN .

Almaty, md. Akzhar, PKST "Malinka", 41.

+7 747 …..

from: S.A.P.

IIN .

+7 705 ..

Representative by proxy:

Law and Law Law Firm

BIN 201240021767

79 Abylai Khan Ave., office 304, Almaty.

info@zakonpravo.kz / www.zakonpravo.kz

+7 708 971 78 58; + 7 727 971 78 58.

 

PRE-TRIAL CLAIM

There are agreements between you and S.A.P. where you have committed to opening cargo for further use in business activities and promoting this activity on the social network instagram. For which you received funds in the amount of 100,000 tenge in confirmation of the contractual relationship.

The above-mentioned relations correspond to clause 1 of Article 151 of the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are made orally or in writing (simple or notarized).  

However, as of today, you are not fulfilling your obligations properly.

Violation of an obligation is understood as its non-fulfillment or improper fulfillment, which contradicts Article 349 of the Civil Code of the Republic of Kazakhstan, which is not permissible according to Article 272 of the Civil Code of the Republic of Kazakhstan.

Thus, you are causing S.A.P. real material and moral harm. In these circumstances, we require you to return the paid amount of 100,000 tenge as soon as possible.

          Due to your failure to fulfill your obligations, we have the opinion that your actions are aimed at seizing the amount by deception and abuse of trust, which is criminalized under art.190 of the Criminal Code of the Republic of Kazakhstan.

          In addition, you did not provide a receipt for the cash register, which is a gross violation of the Tax legislation of the Republic of Kazakhstan. According to this fact, they intend to file a complaint about violations of the law with the State Revenue Department.

31 of the Tax Code states that a taxpayer's obligation to the state is recognized as a tax obligation arising in accordance with the tax legislation of the Republic of Kazakhstan, by virtue of which the taxpayer is obliged to perform the actions specified in paragraph 2 of Article 36 of this Code. The state, represented by a tax authority, has the right to require a taxpayer (tax agent) to fulfill his tax obligation in full, and in case of non-fulfillment or improper fulfillment of a tax obligation, apply methods to ensure it and measures of enforcement in accordance with the procedure established by this Code.

         According to subparagraph 3) of paragraph 1 of Article 802 of the Code of Administrative Offences of the Republic of Kazakhstan (CAO), reports or statements of individuals and legal entities, as well as media reports, are the reason for initiating an administrative offence case.

215 of the Criminal Code of the Republic of Kazakhstan, tax evasion and (or) other mandatory payments to the budget from organizations is a criminal offense.

In addition, you have published numerous publications and advertising posts on social media on the discovery of cargo for further use in business activities and the promotion of this activity on the social network instagram, which is indeed false advertising, as we have seen from your actions.

In accordance with article 35 of the Law of the Republic of Kazakhstan "On Consumer Rights Protection", article 157 of the Code of Administrative Offences of the Republic of Kazakhstan provides for liability for the dissemination of deliberately false advertising.

We hereby offer you a voluntary payment for the damage in the amount of 100,000 tenge, by March 30, 2024. If you do not pay within the specified period, we reserve the right to take this matter to court. As well as the recovery of the amount of material (damages and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and representative services. Also, contact other competent authorities for criminal prosecution.

According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices.

152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved.

 

With respect,

Proxy Representative Lawyer: ___________/ Sarzhanov G.T.

 

 

 

 

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