Judge has denied to bring to trial of proper defendant by suit of Public Prosecutor of Almaty
27 november 2012
November 27, 2012
There was a prior trial by suit of Public Prosecutor of Almaty against newspaper "Golos Respubliki" and its Internet-resources in Medeu District Court of Almaty.
Representatives of the owner of newspaper LLP "Shezhire Ltd", lawyer of "Golos Respubliki" Sergei Utkin and lawyers of Moscow office of edition. Prior to trial S. Utkin filed a petition for explanation of fulfillment of rule, related to suspension of issue and distribution of the newspaper, the rule was made by court for securing of Public Prosecutor's suit and petition for change of these measures to other ones, set forth by Kazakhstan legislation. The judge G. Beysenova denied to take a petition, because LLP "Shezhire Ltd" was not mentioned as defendant in the suit.
Then, lawyers filed a motion for engagement of the proper defendants to trial, because newspaper "Golos Respubliki" was mentioned in suit of Public Prosecutor of Almaty. It was a creative team, which has been neither physical, nor legal entity. The creative team could not be sued. The judge G. Beysenova denied to take an appeal. She said that she has been on one side or other one, but G. Beysenova had no right to do it, according to law.
Lawyers thought that the return of suit to General Prosecutor's Office for drawing up in a proper manner, it was the last recourse.
The issue remains open.
The next trial will be held on December 06, 2012.
There was a prior trial by suit of Public Prosecutor of Almaty against newspaper "Golos Respubliki" and its Internet-resources in Medeu District Court of Almaty.
Representatives of the owner of newspaper LLP "Shezhire Ltd", lawyer of "Golos Respubliki" Sergei Utkin and lawyers of Moscow office of edition. Prior to trial S. Utkin filed a petition for explanation of fulfillment of rule, related to suspension of issue and distribution of the newspaper, the rule was made by court for securing of Public Prosecutor's suit and petition for change of these measures to other ones, set forth by Kazakhstan legislation. The judge G. Beysenova denied to take a petition, because LLP "Shezhire Ltd" was not mentioned as defendant in the suit.
Then, lawyers filed a motion for engagement of the proper defendants to trial, because newspaper "Golos Respubliki" was mentioned in suit of Public Prosecutor of Almaty. It was a creative team, which has been neither physical, nor legal entity. The creative team could not be sued. The judge G. Beysenova denied to take an appeal. She said that she has been on one side or other one, but G. Beysenova had no right to do it, according to law.
Lawyers thought that the return of suit to General Prosecutor's Office for drawing up in a proper manner, it was the last recourse.
The issue remains open.
The next trial will be held on December 06, 2012.
