Lawyer for the restoration of violated property rights to land
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.
Judicial Board of Appeal on criminal cases of the Almaty City Court
Lawyer of Law Firm No. 6 AGCA Sarzhanov G.T., office 64 Bukharzhyrau, Almaty 15. + 7 (708)578 57 58.
THE APPEAL
on the verdict of the 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 subsequent grounds. By force of art . 393 h . 3 of the Criminal Procedure Code of the Republic of Kazakhstan "An indictment cannot be based on assumptions and is decided only on the condition that during the trial the defendant's guilt in committing a crime is confirmed by the totality of evidence examined by the court."
The prosecution's case has no evidence of guilt _______________________ the crime charged against him has not been presented to the court. By the authorities of the preliminary investigation, my client is accused of having occupied land plot No. 17, with a total area of 0.07 hectares, cadastral No. 012-120-698-87, located at the address: Almaty, Bostandyk district, Tsvetnik cottage cooperative, owned by gr. _________________, born in 1978, and placed outbuildings and a swimming pool on the proven site, thereby harming the legitimate interests of the owner of the specified site. This charge is untenable. Plot No. 17 of the Tsvetnik dacha cooperative is located next to 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 connection, 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 use of the plot for many years and failure to make payments, was excluded from the cooperative by a decision of the board of the cooperative and deprived of the right to own the specified plot. If _______________________ if he is interested in acquiring the given plot, then he needs to discuss all the conditions with ___________________As a result, January 28, 20.. K.K. Seitov made a payment to the Tsvetnik cooperative in the amount of 500,000 tenge on account of the purchase of the plot.
After that, my protectionist fenced off the site, placing objects for various purposes on it. _______________________ did not know that the specified site has an owner and his actions to improve the site will be regarded as a crime. Lawyer for the restoration of violated property rights to land, the fact of the neglected condition of site No. 17 and the prolonged absence of its owner ___________________ The witnesses questioned at the trial also confirmed it. ___________________., from 20.. a year working as an accountant for the Tsvetnik Recreation Center, as well as witnesses _______________ ____________________– owners of land plots located in the neighborhood. __________________ He also does not deny that in recent years he has not carried out any work at his dacha and has not visited 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 is himself a victim of unscrupulous actions by the chairman of the cottage cooperative "Tsvetnik" ___________________ who misled him about the rights of third parties to site No. 17. However, despite the apparent lack of action _______________________ of the crime imputed to him and the existence of evidence indicating the failure of the charges brought against my client, the court, instead of passing an acquittal against him in accordance with art. 394 part 2 of paragraph 3. The Criminal Procedure Code of the Republic of Kazakhstan has issued 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 08/04/2015 in relation to ___________________ post.201 part 1 to cancel and terminate the case in full.
Application: 1. A copy of the appeal. 2. A copy of the identity card.
Sincerely, Lawyer: ________________/Sarzhanov G.T. "___"___________20.. the year
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
