Uralsk City Court has bound journalist Zamira Kosmurzieva and newspaper "Uralskaya Nedelya" to recover KZT20000000(USD136054) as moral damage
9 march 2011
March 09, 2011
On March 03, 2011 Uralsk City Court has made an decision by suit of LLP "CEP Metalloizdeliya" about protection of business reputation to reporter Zamira Kosmurzieva and newspaper "Uralskaya Nedelya". The court has bound defendants to recover KZT20000000(USD136054) as moral damage.
The charges stemmed from article "What about is akim (governor) worried about?", which was published in the newspaper "Uralskaya Nedelya" on November 11, 2010. There was information on construction process of object "Intellectual School of First President of the Republic of Kazakhstan of Physico and Mathematical Course". LLP"CEP Metalloizdeliya" has been the general contractor.
Plaintiff has disputed some fragments of the article, related to problems of LLP with tax inspection. Professionalism of the company was challenged. Servicemen of LLP "CEP Metalloizdeliya" insisted on publication of disclaimer and recovery of KZT30000000 (USD204081).
Defendants could not acknowledge the accuracy of published material during trial. Editorial staff of newspaper has published the disclaimer by their initiative before ruling.
The suit amount KZT20000000(USD136054) has been wasted one for exclusive edition in Kazakhstan; editorial staff of the newspaper has been founders and shareholders. They intended to appeal a decision in superior body.
As press protection organizations noted that recovery amount of moral damage was not restricted. Often, judges ignored Regulatory Resolution of Supreme Court of the Republic of Kazakhstan (dated on June 21, 2001) "On Application of Law On Recovery of Moral Damage". It ruled that courts should be fair and sufficient under determination of compensation amount. They should focus on subjective and objective factors and property status of defendant.
On March 03, 2011 Uralsk City Court has made an decision by suit of LLP "CEP Metalloizdeliya" about protection of business reputation to reporter Zamira Kosmurzieva and newspaper "Uralskaya Nedelya". The court has bound defendants to recover KZT20000000(USD136054) as moral damage.
The charges stemmed from article "What about is akim (governor) worried about?", which was published in the newspaper "Uralskaya Nedelya" on November 11, 2010. There was information on construction process of object "Intellectual School of First President of the Republic of Kazakhstan of Physico and Mathematical Course". LLP"CEP Metalloizdeliya" has been the general contractor.
Plaintiff has disputed some fragments of the article, related to problems of LLP with tax inspection. Professionalism of the company was challenged. Servicemen of LLP "CEP Metalloizdeliya" insisted on publication of disclaimer and recovery of KZT30000000 (USD204081).
Defendants could not acknowledge the accuracy of published material during trial. Editorial staff of newspaper has published the disclaimer by their initiative before ruling.
The suit amount KZT20000000(USD136054) has been wasted one for exclusive edition in Kazakhstan; editorial staff of the newspaper has been founders and shareholders. They intended to appeal a decision in superior body.
As press protection organizations noted that recovery amount of moral damage was not restricted. Often, judges ignored Regulatory Resolution of Supreme Court of the Republic of Kazakhstan (dated on June 21, 2001) "On Application of Law On Recovery of Moral Damage". It ruled that courts should be fair and sufficient under determination of compensation amount. They should focus on subjective and objective factors and property status of defendant.
