PRE-TRIAL CLAIM FOR THE REMOVAL OF PUBLICATIONS CONTAINING KNOWINGLY FALSE, UNRELIABLE AND UNTRUE INFORMATION
To the Tengrinews Online Publication
Effective Media Liaison LLP
BIN: 080940014680
88 Karasai Batyr Street, Almaty
+7 (727) 3888 138
From: Ioy A Bkyzy
IIN: .....
Representative, Attorney-at-Law: Galymzhan Turlybekovich Sarzhanov
Zakon i Pravo Law Firm
BIN 201240021767
Office 304, 79 Abylai Khan Avenue, Almaty
info@zakonpravo.kz / www.zakonpravo.kz
+7 727 971 78 58; +7 708 971 78 58
PRE-TRIAL CLAIM
Dear Editors of the Tengrinews Online Publication,
On your official website, tengrinews.kz, publications featuring citizen Ioy A Bkyzy have been posted containing knowingly false, unreliable and untrue information concerning her.
Links to the publications:
- ...........
- ...........
The materials disseminated contain information that does not correspond to reality. The publications attribute to Ioy A Bkyzy victories in competitions in which she did not participate, titles that she does not hold, as well as achievements that did not in fact occur.
Furthermore, certain publications state that she appeared on magazine covers or represented the Republic of Kazakhstan at international competitions, although no such events actually took place.
Some of the articles were published in Russian, Kazakh and English, which further increases the scope of dissemination of the inaccurate information and causes additional harm to her reputation.
Pursuant to Article 145 of the Civil Code of the Republic of Kazakhstan, no person has the right to use the image of another person without that person's consent.
Pursuant to paragraph 2 of Article 143 of the Civil Code of the Republic of Kazakhstan, if information discrediting the honour, dignity or business reputation of a citizen or legal entity is disseminated through mass media, such information must be refuted free of charge by the same mass media outlet.
If the relevant information is contained in a document issued by an organisation, such document shall be replaced or withdrawn, with the addressees being mandatorily notified that the information contained therein does not correspond to reality.
Furthermore, pursuant to Article 4 of the Law of the Republic of Kazakhstan “On Mass Media”, one of the fundamental principles governing the activities of mass media is the accuracy of disseminated information.
Moreover, pursuant to subparagraphs 2), 4) and 6) of paragraph 4 of Article 26 of the aforementioned Law, a journalist and the editorial office are obliged to take measures to verify the accuracy of disseminated information, refrain from disseminating information that does not correspond to reality, and respect the rights and legitimate interests of individuals.
The publication by the Tengrinews editorial office of materials containing knowingly false information concerning my client constitutes a violation of the above requirements of the Law and constitutes the unlawful dissemination of inaccurate information.
In view of the foregoing, we hereby request that, within three business days from the date of receipt of this claim, you remove all publications containing inaccurate information concerning Ioy A Bkyzy, regardless of the language in which the publication was made or the date on which it was posted.
Should the above requirements not be complied with within the prescribed period, we will be compelled to file a claim with the court to protect the violated rights of our client and to initiate proceedings to hold the publication liable in accordance with the procedure established by law, including claims for recovery of representative's fees in the amount of KZT 1,000,000, court costs, and compensation for the moral harm caused.
Pursuant to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, upon the application of the party in whose favour the judgment has been rendered, the court shall award from the other party the expenses actually incurred by the successful party for the payment of assistance provided by a representative (or several representatives) who participated in the proceedings and was not in an employment relationship with that party.
Pursuant to Articles 152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, the court shall return the statement of claim, or the court shall leave the statement of claim without consideration, where the claimant has failed to comply with the pre-trial dispute resolution procedure established by law for the relevant category of cases, where such procedure constitutes a mandatory preliminary pre-trial dispute resolution procedure and the possibility of following such procedure has not been lost and remains available.
In view of the above, we request that the requirements set out in this pre-trial claim be voluntarily complied with within the prescribed period.
Respectfully,
Ioy A.B.
Attorney-at-Law: __________________ Galymzhan T. Sarzhanov
10 December 2025
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