Complaint about violation of property rights to land
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The Judicial Board of Appeal for Criminal Cases of the Amatinsky city
Lawyer's Court .............. .............. legal address: Almaty ............. Tel. 8 775 ..............
THE APPEAL
on the verdict of Bostandyk district Court No. 2 of Almaty dated 08/04/20.. year
By the verdict of the district court no.2 Bostandyk district of Almaty dated 08/04/20.. year __________________ He was found guilty of committing a crime under art.201, Part 1 of the Criminal Code of the Republic of Kazakhstan, and was fined two hundred monthly calculation indices. The verdict of the court is illegal and subject to cancellation on the following grounds. By virtue of art. 393 h. 3 of the Criminal Procedure Code of the Republic of Kazakhstan "A guilty verdict cannot be based on assumptions and is decided only on condition that during the trial the defendant's guilt in committing a crime is confirmed by the totality of evidence examined by the court."
There is no evidence of guilt by the prosecution in the case. ________________ the crime charged against him has not been presented to the court. By the authorities of the preliminary investigation, my client was accused of occupying land plot No. 17, with a total area of 0.07 hectares, cadastral, without legal grounds in February 20. № ________________, located at: Almaty, Bostandyk district, dachny Tsvetnik cooperative, owned by gr. Alexey Aleskerov, born in 1978, and placed outbuildings and a swimming pool on the specified site, thereby harming the legitimate interests of the owner of the specified site. This charge is untenable. Land plot No. 17 of the Tsvetnik cottage cooperative is located next to land plot No. 16, owned by my client. For several years, the specified area has not been cultivated and was in a neglected state. In this regard, in January 2015, my client contacted the chairman of the Tsvetnik cottage cooperative." ________________ with a request to provide him with the coordinates of the owner of the site to discuss the possible acquisition of the site. At the same time ________________ I informed my client that the specified plot had not been privatized in accordance with the established procedure, and the former owner of the plot, due to the non-use of the plot for many years and non-payment, was excluded from the cooperative by the decision of the board of the cooperative and deprived of ownership of the specified plot. If ________________ if he is interested in acquiring this land, then he needs to discuss all the conditions with _______________.. As a result, on January 28, 2015 ______________ on account of the purchase of the land, he made a payment to the Tsvetnik cooperative in the amount of 500,000 tenge. After that, my client fenced off the site, placing objects for various purposes on it. ________________ did not know that the specified plot has an owner and his actions on the improvement of the site will be regarded as a crime.
The fact of the neglected condition of site No. 17 and the prolonged absence of its owner ________________ The witnesses questioned during the trial also confirmed it. ________________., since 2007, she has been working as an accountant at DCFlower garden", as well as witnesses ________________ – owners of land plots located in the neighborhood ________________ He also does not deny that he has not carried out any work in recent years. He stayed at his summer cottage and did not come for a long time. Under such circumstances, it becomes obvious that my client had no intention of seizing someone else's land, but in fact he himself is a victim of unscrupulous actions by the chairman of the dacha cooperative.
"Flower garden" ________________ who misled him about the rights of third parties to plot No. 17. However, despite the apparent lack of action ________________ of the crime imputed to him and the existence of evidence indicating the insolvency of the charges brought against my client, the court, instead of passing an acquittal in accordance with art. 394, part 2, paragraph 3 of the Criminal Procedure Code of the Republic of Kazakhstan, He passed a guilty verdict. Based on the above, in accordance with Articles 414, 423, 431, part 1, paragraph 3 of the Criminal Procedure Code of the Republic of Kazakhstan, -
ask:
Verdict of the district court No. 2 of the Bostandyk district of Almaty dated 08/04/20.. of the year in respect of _______________________ according to art.201 part 1, to cancel and terminate the case in full.
Application: 1.A copy of the appeal "___"______________ 20.. G.
Lawyer ................
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.
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