Petition for restoration of the procedural time limit for filing an Appeal against the Decision of the Specialized Interdistrict Investigative Court
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.
To the Specialized Interdistrict Investigative Court of Almaty
Almaty, Orbita -2 house 20a 2 8727 (333)-14-60
from: ................. IIN ............... Almaty, ul. ............... 24, sq. 206. tel.: +7 ………………
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758.
The petition
on the restoration of the procedural time limit for filing an Appeal against the Decision of the Specialized Interdistrict Investigative Court of Almaty dated December 20, 2020, on December 9, 2020, we filed a Complaint with the Specialized Interdistrict Investigative Court №5-1528/......... on the inaction of the Prosecutor's Office of the Auezovsky district and the UP of the Auezovsky district of the DP of Almaty on the refusal registration of a criminal case and conducting a pre-trial investigation in bringing to justice for knowingly false denunciation and testimony of gr. S........... A.
Petition for restoration of the procedural time limit for filing an Appeal against the Decision of the Specialized Interdistrict Investigative Court
On December 20, 2020, Investigating judge S.S. Dzhaksylykov, with the participation of the prosecutor, a representative, considered the complaint of E through the WhatsApp messenger in a closed court session.............. M., filed in accordance with Article 106 of the Code of Criminal Procedure, ruled: The complaint filed in accordance with Article 106 of the Code of Criminal Procedure on recognizing as illegal the decision of the Prosecutor's office of the Auezovsky district and the UP of the Auezovsky district Almaty on the refusal to conduct a pre-trial investigation and prosecution for knowingly false denunciation and testimony ..........., imposing the obligation and obliging the Prosecutor's office of the Auezovsky district of Almaty and the UP of the Auezovsky district of Almaty to eliminate the violations by registering an application with the ERDR and conducting a pre-trial investigation under art.419, 420 of the Criminal Code based on the materials of the CUI No. 207540030009 ....... – leave without satisfaction. The court order was issued on December 20, 2020, and no notification has been received since the judicial act was issued through the company's judicial office, as evidenced by the notifications tab on the website of the Supreme Court of the Republic of Kazakhstan, where there is no notification from the court. However, we received this judicial act after submitting a Petition for the provision of a judicial act on 12/30/2020.
If necessary, at the request of the court, the company may provide access to its judicial office to verify arguments. paragraph 2. of Article 107 of the CPC provides that the decision of the investigating judge, issued in accordance with the rules of this article, may be appealed by the persons specified in the first part of this Article within three days from the date of its announcement, as well as the prosecutor may bring a petition against him to the regional and equivalent courts through the court, the investigating judge of which issued the decision. A deadline missed for a valid reason may be restored at the request of an interested person in accordance with Article 50 of this Code. In accordance with Article 48 of the CPC of the Republic of Kazakhstan, the time limits established by this Code are calculated in hours, days, months, and years. When calculating the time limits, the days on which the time limit begins are not taken into account immediately. In cases where the last day of the term falls on a non-working day, the day of the end of the term is considered to be the next working day, except in cases of calculating the time limits for detention, detention, house arrest and being in a medical institution or educational organization with a special regime of detention.
Petition for restoration of the procedural time limit for filing an Appeal against the Decision of the Specialized Interdistrict Investigative Court
Paragraph 2, Article 50 of the CPC of the Republic of Kazakhstan provides that, at the request of an interested person, the deadline missed for a valid reason may be restored by a decision of the judge in charge of the case. In this case, the term is restored for the person who missed it, but not for other persons, unless otherwise provided by the relevant decision of the body conducting the criminal process. In accordance with paragraph 1, art. 107 of the Code of Criminal Procedure of the Republic of Kazakhstan on consideration of complaints about actions (inaction) and decisions of the prosecutor, the bodies of criminal prosecution whose rights and freedoms are directly affected by the act of the investigating judge, have the right to appeal, and the prosecutor to bring a petition for the decision, the sanction of the investigating judge.
Article 108 of the CPC of the Republic of Kazakhstan indicates that complaints, petitions of the prosecutor against the verdict, decisions of the courts of first instance are filed in accordance with the rules of Chapter 48 of this Code. Complaints, protests, and petitions for review of court decisions that have entered into legal force are filed in accordance with the rules established by Chapter 52 of this Code. Based on the above and in accordance with Articles 48, 50, 107, 108 of the Criminal Procedure Code of the Republic of Kazakhstan,
I ask you to:
To restore the procedural deadline for filing an Appeal against the decision of the Specialized Interdistrict Investigative Court of Almaty dated December 20, 2020.
Sincerely, Proxy Representative: ________________/Sarzhanov G.T. "___" __________ 2020 G.
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
