The Specialised Interdistrict Juvenile Court of Aktobe Region returned to the mother of a girl hit by a car her claim for compensation for moral damage, stating in its ruling that the child had died.
In fact, the victim is alive, and the driver who hit her was punished, but in a separate case.
HOW THE DRIVER HIT THE CHILD
As reported by Hronika.kz, the private ruling of the Specialised Interdistrict Administrative Court of Aktobe states that on 3 November 2025, Bauyrzhan Temirgaliyev, while driving a Toyota under the influence of narcotic substances along Moldagulova Avenue, hit a 10-year-old girl. The police opened an administrative offence case and sent it to court.
HOW A POLICE OFFICER HINDERED THE MEDICAL EXAMINATION
A police officer, Kaliyev, arrived at the scene of the accident and, as the court notes, dissuaded the victim's mother from submitting a request for a forensic medical examination.
The court stated that despite evidence of harm to the minor's health, the examination was not ordered in time - it was only carried out during the court proceedings.
The court subsequently found that the police officer's inaction and his effective persuasion of the mother to forgo the examination led to incompleteness and one-sidedness in the proceedings and delayed the consideration of the case.
HOW THE DRIVER ESCAPED THE FIRST PUNISHMENT
In court, Temirgaliyev claimed that he was sober at the time of the collision, had not used drugs, and had incriminated himself during the medical examination.
However, the case file records his own statements that he had consumed marijuana after the accident through a homemade device - a "bulbulyator". Because the examination was not ordered immediately, the case was opened under a lesser charge, and the judge discontinued the proceedings: Temirgaliyev did not lose his driving licence and did not serve administrative detention.
THE SECOND CASE AND THE DRIVER'S DISAPPEARANCE
Later, the police opened a new case - this time taking into account the severity of the injuries sustained by the child. The court found Temirgaliyev guilty and sentenced him to 20 days of administrative detention, as well as disqualifying him from driving for 7 years. However, he could not be taken into custody: the same police officer, Kaliyev, submitted a report to the court stating that Temirgaliyev had gone into hiding and the police were unable to locate him.
THE MOTHER'S CLAIM AND THE JUDGE'S ERROR
In 2026, the girl's mother filed a claim against Temirgaliyev for compensation for moral damage. The Aktobe Civil Court refused to hear the case, citing lack of jurisdiction, and the mother turned to the Specialised Interdistrict Juvenile Court of Aktobe Region.
Meanwhile, Temirgaliyev, whom the police report as wanted, participated in the hearings without hindrance.
The case was assigned to Judge Aipatsha Musina. She also refused to hear it and returned the mother's claim, citing lack of jurisdiction for the juvenile court - allegedly because the child's interests had not been violated.
In her ruling, the judge wrote that "in view of the death, the daughter is experiencing moral suffering", even though the girl is alive.
