Private complaint against the ruling of the Nauryzbay District Court of Almaty

 

 

To the Civil Appeals Board

cases of the Almaty City Court

Almaty, 050000, Kazybek Bi street, 66.

0201@sud.kz

from the applicant: K.O.Nikolaevna

IIN .

Representative by proxy:

Law and Law Law Firm

BIN 201240021767

79 Abylai Khan Ave., office 304, Almaty.

info@zakonpravo.kz / www.zakonpravo.kz

+ 7 727 971 78 58; +7 708 971 78 58.

Private complaint

on the ruling of the Nauryzbay District Court of Almaty dated July 21, 2023

On July 21, 2023, the Nauryzbay District Court of Almaty, Tazhmukhan B.Zh., having considered K.O.N.'s application for recovery of the indexation amount from the Akimat of Almaty, the Judge determined that K.O.Nikolaevna's application for recovery from the Akimat of Almaty should be refused.  

The court found that the financing for this facility is carried out from the Republican budget, and not from the local budget.

However, Dear Board of Appeal, we consider the court's ruling to be unlawful, unjustified and subject to cancellation on the following grounds:

Earlier, we received a response from the Republican State Institution "Treasury Committee of the Ministry of Finance of the Republic of Kazakhstan" NoZT-2022-02766516 dated November 29, 2022, which stated that all accounts of state institutions, including the Akimat of Almaty and the KSU "Department of Land Relations of Almaty", were opened in the Treasury Committee, with At the same time, the accounts are serviced by the territorial divisions of the Committee, at the location of government agencies.

It is also particularly important to note that the assessment for December 27, 2019 was taken as the basis for determining the price of the property, and the court's decision regarding compensation was executed by the state body only on February 15, 2022. After more than two years, the market value of similar properties has significantly exceeded the amount set in 2019.

It is especially important to note that paragraph 3 of Article 269 of the Civil Code of the Republic of Kazakhstan states that if, by virtue of an obligation, each of the parties is obligated in favor of the other party, it is considered the debtor of the other party in what it is obligated to do in its favor, and at the same time its creditor in what it has the right to demand from it.

In paragraph 3 of Article 239 of the CPC RK, where a private complaint may be filed against a court ruling on indexation or refusal to index the awarded sums of money, the prosecutor filed a petition with the court of appeal, whose decision is final.

Based on the above, and in accordance with paragraph 3 of art. 239 of the CPC RK,

I ask the Court:

The ruling of the Nauryzbay District Court of Almaty dated July 21, 2023 – to cancel;

K.O.N.'s application for indexing the awarded amounts must be satisfied.

With respect,

Representative by proxy:                                                   Kenesbek I.M.                                                  

 

 

 

 

 

 

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