Case won in the Supreme Court of the Republic of Kazakhstan

09.09.2021

The law firm KORGAN won the case on the recognition of the state re-registration of a legal entity as invalid and its cancellation in the Supreme Court of the Republic of Kazakhstan.

In 2017, the tax authority filed a lawsuit to recognize the state re-registration of a legal entity as invalid and cancel it. Our client was previously the founder and head of this legal entity. In 2017, the court dismissed the claim of the Tax Authority.

However, in 2018, the Tax Authority again went to court with exactly the same claim, despite the fact that this is not allowed in accordance with the requirements of the law. And the court, in violation of the requirements of the law, considered the case and, moreover, satisfied the requirements of the Tax Authority, i.e. declared the state re-registration of a legal entity invalid and canceled it.

As for our client, she was not properly notified of the time and place of the hearing, which is an unconditional basis for the annulment of the court decision. And since our client could not participate in the court session, she could not provide evidence that the arguments of the Tax Authority were unfounded, and the decision on this case had already been made earlier. The Court of Appeal also refused to restore justice, referring to the fact that the time limit for filing an appeal had expired.

Dmitry Matsura, Senior Associate at KORGAN Law Firm, managed to resolve the issue in the Supreme Court of the Republic of Kazakhstan. Thus, a Request for submission was sent to the Chairman of the Supreme Court of the Republic of Kazakhstan. This petition was granted and the Chairman submitted a proposal to review the decision of the court of first instance, after which this case was considered by the Supreme Court of the Republic of Kazakhstan and the illegal decision that violated the rights of our client was canceled.

Thus, the law firm KORGAN, represented by Senior Associate Matsur D.L., managed to achieve justice for the client and ensure proper protection of his rights and interests. Our company once again proved by the example of this case that we go to the bitter end with our clients.