PRE-TRIAL CLAIM UNDER THE AGREEMENT

 

 

LLP "P.Kazakhstan"

                                                               BIN 180940004991

                                                               151 Abaya Ave., office 1101, Almaty

from: B.S.M.

IIN .

Residing at the address: Almaty,

70 L. Street, 74 sq. m.

8 700 .

                                                             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

January 29, 2024, between you, P.Kazakhstan" represented by T.A.K., and I, B.S.M., have concluded a service agreement No. 16, according to which you have assumed obligations to provide advisory services in the form of group master classes at school."

The above-mentioned relations correspond to Articles 151, 152 of the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are made orally or in writing (simple or notarized).    

As of today, I have fulfilled my obligations to pay for services. However, you are not fulfilling the obligation 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.

Namely, the binding rules from Appendix No. 2 to this agreement:

"Registration for a lesson is mandatory because the number of students per lesson is limited" (paragraph 4);

"During lessons, you should not make noise, distract yourself and distract your friends from engaging in extraneous conversations, games and other matters unrelated to your studies" (paragraph 5);

"It is forbidden to play music loudly" (clause 7).

During the period of receiving the services of the school, I noticed a violation of the above-mentioned rules: recording does not affect the number of participants in classes, which can be as many as possible, no one teaches the participants of the "master classes" the norms of silence generally accepted in the educational process, and music plays in the school premises for random tastes, more often noisy-street or teenage-depressive. You have to use headphones, which prevents you from participating in the group.

In general, the routine is convenient for banal conversations, but it destroys the creative process for which this agreement was actually concluded. On March 20 of this year, we had a correspondence with you about this, and you promised to do something. I decided to give you more time and paid for the 2nd month of the contract, despite the moral losses I personally suffered, but it didn't get any better. Two experienced consultants have also dropped out, and there are more new students.

After some time away, I came to school on April 10, and found my current oil job on the floor, discarded from a tablet, stained with smeared paint and fresh drops of an unknown liquid. This happens for the third time in a row. The consultants did nothing to help. All this calls into question the quality of the GRAFIKA school services provided to me. At the same time, I enrolled in a Moscow online school, where my work and abilities are adequately appreciated.

         In addition, you did not provide me with the receipt of 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 by 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 posted numerous publications and advertising posts on drawing workshops on social media – which is indeed a false advertisement, as I 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 suggest that you:

Termination of the service agreement with LLP "P.Kazakhstan" No. 16 dated January 29, 2024.

Refund of the previously paid amount in the amount of 450,000 (four hundred and fifty thousand) tenge, minus the payment of the first month in the amount of 18,751 (eighteen thousand seven hundred and fifty-one) tenge.

until April 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,                                                         ___________/B.S.M.                  

 

 

 

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