Petition to the Cassation Board of the Supreme Court on violation of property rights to land
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Judicial Board for Criminal Cases of the Supreme Court of the Republic of Kazakhstan
From Representative Lawyer of Law Firm No. 6 AGCA Sarzhanov G.T.Almaty,
Bukhar zhyrau, 64, office 15. + 7 (708) 578 57 58.
THE PETITION
On the review of the verdict that has entered into legal force
Bostandyk District Court No. 2 of Almaty dated 08/04/2018, the decision of the Appellate judicial board of the Almaty City Court dated 03/04/2019 and the decision of the Cassation Judicial Board of the Supreme Court of the Republic of Kazakhstan dated 05/28/2019 by the Verdict of the district Court No.2 Bostandyk district of Almaty dated 08/04/2018 ____________. 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 five hundred monthly calculation indices. By the decision of the appellate judicial board of the Almaty City Court dated March 04, 2019, the verdict was left unchanged, the appeal was dismissed. By the decision of the Cassation Judicial Board of the Supreme Court of the Republic of Kazakhstan dated May 28, 2019, the verdict and the decision of the Appellate Judicial Board of the Almaty City Court dated March 04, 2016 remained unchanged. With the verdict of the district court no.2 of the Bostandyk district of Almaty dated August 04, 2018, by the decision of the Appellate judicial board of the Almaty City Court dated March 04, 2019, by the decision of the Cassation Judicial Board of the Supreme Court of the Republic of Kazakhstan dated May 28, 2019, we disagree, we consider them unfounded, illegal and subject to cancellation on the following grounds: In accordance with art. A guilty verdict cannot be based on assumptions and is decided only on the condition, that during the trial, the defendant's guilt in committing a criminal offense was confirmed by the totality of evidence examined by the court. There is no evidence of guilt by the prosecution in the case. ____________ K.K. has not been presented to the court in the crime charged against him.
Petition to the Cassation Board of the Supreme Court on violation of property rights to land
The authorities of the preliminary investigation accused my client of illegally occupying land plot No. 17 in February 2018, with a total area of 0.07 hectares, cadastral No. 012-120-698-87, located at the following address: Almaty, Bostandyk district, Tsvetnik cottage cooperative, owned by gr.____, 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, this site 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." ____________ T. 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 ____________ T. 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 ____________ T. As a result, on January 28, 2018 ____________ K.K., on account of the purchase of the plot, 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. ____________. I did not know that the specified site 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 ____________ A. The witnesses questioned during the trial also confirmed it. ____________ A.V., who has been working as an accountant at Tsvetnik Recreation Center since 20014, as well as witnesses ____________. – owners of land plots located in the neighborhood. ____________A. 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.
Petition to the Cassation Board of the Supreme Court on violation of property rights to land
Under such circumstances, it becomes obvious that my client had no intention of seizing someone else's land plot, but in fact is himself a victim of unscrupulous actions by the chairman of the Tsvetnik dacha cooperative, T. Abilov, who misled him about the rights of third parties to plot No. 17. However, despite the apparent lack of action ____________ K.K. of the crime imputed to him and the existence of evidence indicating the insolvency of the charges brought against my client, the court of first instance and the court of appeal, instead of passing an acquittal against him in accordance with art. 394, Part 2, paragraph 3 of the Criminal Procedure Code of the Republic of Kazakhstan, 2. On
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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