Review of the statement of claim for the removal of obstacles by demolishing an unauthorized building

Nauryzbay district of Almaty

Judge Urstembai N. K.

​Mkr. Shugila, 347/11

+7 (727) 333‒13‒55 +7 (727) 333‒13‒51

Defendant: A. K. O.

IIN:.

Almaty,..... 79 street, sq. 2

8 708 ...

Attorney-at-law Sarzhanov Galymzhan Turlybekovich

Law and Law Law Firm

INN 201240021767.

Republic of Kazakhstan, 050002, Almaty city,

79/71 Abylai Khan Avenue, office 304, Almaly district.

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 ..

Feedback

to the statement of claim for removing obstacles by demolishing an unauthorized building

There is a civil case No. 7585-23-00-2/1655 in your proceedings, plaintiff M. K. A. (Hereinafter referred to as the civil plaintiff) defendant O. A. K. (Hereinafter referred to as the civil defendant), a claim for removing obstacles by demolishing an unauthorized building is being considered.

We disagree with the plaintiff's claim for the following reasons:

The defendant was recognized as the owner in accordance with the house and land purchase agreement dated January 31, 2013. The land plot is not listed as shared in the specified contract. The defendant lives with his family in the above-mentioned house.

In accordance with articles 6,25,26 of the Constitution of the Republic of Kazakhstan, public and private property are recognized and equally protected in the Republic of Kazakhstan. Housing is inviolable. Deprivation of housing without a court decision is not allowed. Citizens of the Republic of Kazakhstan may have any legally acquired property in private ownership and are guaranteed by law.

    The plaintiff, the city of Almaty, Karagaily microdistrict, .... has been living with his family in 3 apartments in 3-apartment building No. 79, located at the address: since 1980. The total area of the land plot belonging to this house is 0.1390 hectares. In accordance with Article 209 of the Civil Code of the Republic of Kazakhstan and Article 53 of the Land Code of the Republic of Kazakhstan, the right of private ownership of Land is shared.

The documents establishing ownership submitted by the plaintiff to the court state that the right of private ownership of the land owned by the plaintiff is shared. All the documents for the property were received in 2009.

However, in the documents establishing the defendant's ownership, it is explicitly stated that the NGO State Corporation "Government for Citizens", according to the definition, the right of private property is private. In addition, the defendant's land management project (Land Management Project), the state act on private property rights, and the technical passport documents do not contain information on shared ownership, and the defendant's private property right is recognized as private.

           Since the plaintiff's apartment is located at the end of the courtyard, the exit to the street passes through the courtyard belonging to the 1,2 apartment. We believe that the arguments in favor of the fact that there is no other exit to the street are unfounded, because there is another way than through the land plots belonging to apartments 1 and 2. His argument is that the plaintiff may well go out onto the road behind the house.

   Based on the above, in accordance with Articles 48,148,149,169 of the Civil Procedure Code of the Republic of Kazakhstan,

           It can be established that due to the above-mentioned grounds, the plaintiff violates the defendant's rights to private land use.

In accordance with part 3 of Article 188 of the Civil Code of the Republic of Kazakhstan, the owner has the right to take any actions at his discretion with respect to the property belonging to him, to dispose of it in possession, use and otherwise.

According to article 8 of the Civil Procedure Code of the Republic of Kazakhstan, everyone has the right to apply to the court in accordance with the procedure established by this Code to protect their violated or disputed rights, freedoms or legitimate interests.

In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, during civil proceedings, the parties independently and independently of the court and other persons involved in the case choose their position, methods and means of its protection.

In accordance with article 15 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their rights and freedoms in all ways that do not contradict the law.

We believe that the plaintiff's claim to recover the costs of paying for the representative's assistance in the amount of 300,000 tenge in accordance with Article 113 of the CPC RK is illegal. Since the materials of the civil case do not include a contract with a lawyer and a receipt for payment. In particular, according to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, the costs of paying for legal assistance are collected in the amount of the expenses actually incurred by the parties.

Lawyer B. Z. also announced the termination of the right of representation in the Chamber on the open website of the Chamber of Legal Consultants of Almaty.

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, Jaupker applied to a law firm and a law firm for legal assistance, having concluded an agreement 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.

According to Article 166 of the Civil Procedure Code of the Republic of Kazakhstan, the defendant submits to the court a response to the statement of claim with attached documents refuting the arguments concerning the claim, as well as copies of the response and the documents attached to it.

In accordance with Article 166 of the CPC of the Republic of Kazakhstan, based on the above, it follows,

I ask for a court:

Civil plaintiff M. K. A. to leave the statement of claim in full – without satisfaction; 300,000 tenge paid for the assistance of a lawyer in favor of the plaintiff, the defendant – recovery.      

With respect,

Lawyer: ________________/ G. T. Sarzhanov "___"___________2023 the year

Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases disputes Defense Arbitration Law Company Kazakhstan  

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