Private complaint against the court ruling on the refusal to secure a claim in a civil case
The Judicial Board for Civil Cases of the Almaty city
Almaty, 050000, Kazybek Bi street, 66.
0201@sud.kz
from the Defendant: M.B.G. LLP
BEAN .
Almaty, 194 B. Street, 10th floor, office 1009
+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
+7 708 578 5758; +7 727 971 78 58.
Private complaint
based on the court ruling of March 11, 2024
On March 11, 2024, the Judge of the specialized Interdistrict Economic Court of Almaty Turalieva A.S., having considered the plaintiff's application for securing a claim in civil case No. 7527-24-00-2/2745 on the claim of the limited liability company "T..S" to the defendant Limited Liability Company "M.B.G." for debt recovery, the Court determined - The plaintiff's Petition about securing the claim – to satisfy.
Dear judicial board, we do not agree with the court's ruling of March 11, 2024, as it does not correspond to any morality and the meaning of the law.
Thus, on April 17, 2024, the only settlement account KZ286017131000025282 (KZT) in JSC Halyk Bank of Kazakhstan, through which employee salaries are paid and tax obligations of the legal entity M.B.G. LLP are transferred, was imposed by Tauekelov Kairat Tanirbergenovich, on the basis of a court ruling dated March 11, 2024." this is evidenced by the Statement of account for the period from 16-04-2023 to 17-04-2024.
According to the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated January 12, 2009 No. 2, on the adoption of interim measures in civil cases, and in accordance with Article 155 of the CPC, the plaintiff must indicate in the application specific arguments that failure to take interim measures may make it difficult or impossible to enforce the judicial act. However, the Plaintiff's arguments in this case are not substantiated and legitimate, whereas the Defendant performed the services of the cavity, as evidenced by the acts of work performed signed between the Plaintiff and the Defendant and sealed by the parties.
In addition, the interim measures taken by the court should not lead the defendant, a legal entity or an individual entrepreneur, to bankruptcy, disruption of normal production activities, violation of the legitimate rights and interests of others, or contribute to raiding (illegal seizure of the defendant's property).
M.B.G. LLP is an operating organization that has contractual obligations with other legal entities and individuals, as well as obligations to pay salaries and transfer pension, social and other contributions. Accordingly, we consider the imposition of interim measures on the current account of a small business organization to be directly contrary to the concept of the President of the Republic of Kazakhstan on supporting small and medium-sized businesses.
By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests.
In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests.
In accordance with paragraph 10 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated January 12, 2009 No. 2, a motion may be filed by the prosecutor for a ruling on securing a claim in accordance with Article 429 of the CPC, and a private complaint may be filed by the persons whose interests it concerns, within ten working days from the date of making the final ruling.
If the ruling on securing the claim was issued without notifying the person who filed the complaint, in accordance with the second part of Article 161 of the CPC, the time limit for filing a complaint is calculated from the day when he became aware of this ruling.
With a private complaint (petition of the prosecutor) against the court ruling on the issues of securing the claim, the material extracted from the case concerning the adopted ruling is sent.
Filing a private complaint against a court ruling on the adoption of interim measures does not suspend its execution.
At the same time, an appeal or consideration of a prosecutor's motion against a court ruling on the cancellation of the claim security or a ruling on the replacement of one type of security by another suspends the execution of these rulings until a private complaint or petition by the prosecutor is considered.
On the grounds of the above and guided by art. 161 of the CPC RK,
I ask the court
· To cancel the ruling of the court dated March 11, 2024 of Judge Turalieva A.S., Specialized Interdistrict Economic Court of Almaty.
With respect,
The representative is a Lawyer by proxy:
Sarzhanov Galymzhan Turlybekovich
"___"___________2024 G.
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