Appeal to the Chairman of the Supreme Court for clarification and solutions
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To the Chairman of the Supreme Court of the Republic of Kazakhstan
Zhakip Kazhmanovich Asanov
Republic of Kazakhstan, Nur-Sultan, 010000, Kunaeva St., house
39. +7 (7172) ……….
from: ...... Dmitry Vladimirovich IIN ...........
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 971 78 58; +7 708 971 78 58.
Appeal
Kazkomertsbank JSC, the current Halyk Vapk JSC (hereinafter referred to as the Bank) and ..... Dmitry Vladimirovich concluded a Bank Loan agreement No. 1884 dated 16.11.2006, according to which the bank provided the defendant with a loan in the amount of 130,000 US dollars for the purchase of real estate for a period of 180 months. Due to financial difficulties, the Borrower made late payments of debt obligations to the Bank. The borrower is recognized as a problem borrower. Accordingly, the Bank had previously filed a claim for recovery of the amount owed and subsequently for foreclosure on the mortgaged property.
Appeal to the Chairman of the Supreme Court for clarification and solutions
On February 29, 2012, Court No. 2 of Aktau, Mangystau region, consisting of the presiding judge Tulesinova N.O., with the secretary of the court session Kalpakov A.Sh., with the participation of the plaintiff's representative by proxy for No. 2439 dated 11/10/2011 Mukhasheva I.Yu., the representative of the Defendant acting by proxy Mashinsky I.Yu., Vidyukova L., having considered in an open court session in the courtroom of court No. 2 Aktau civil case on the claim of Kazkommertsbank JSC against Krasheninnikov D.V., Vidyukova L.A., on debt collection and foreclosure on mortgaged property, The Judge Decided - to satisfy the claim of Kazkommertsbank JSC against Krasheninnikov D.V., Vidyukova L.A., on debt collection and foreclosure on mortgaged property.
To collect in solidarity with Krasheninnikova D.V., (Hereinafter referred to as the Defendant / Debtor) in favor of Kazkommertsbank JSC the amount of debt in the amount of 130,358.68 USD. Subsequently, the representative of the Bank, R.M. Nastadinov, submitted to the Private Bailiff G. Almaty to Vyacheslav Edigenovich Sagitov, an application for acceptance of an enforcement document for execution, where he indicated that it was necessary to collect in solidarity with D.V. Krasheninnikov the amount of debt in the amount of 130,358 US dollars, the balance on the day of filing the application was 51,747 dollars (the exchange rate of US dollars, the balance on 04.03.2013 was 150.37 tenge), in tenge 7,762,050. On May 20, 2021, a private bailiff in Almaty S. Vyacheslav Edigenovich initiated enforcement proceedings No. 431/21-75-4575 initiated on the basis of a writ of execution issued from the Aktau city Court No. 2 for the recovery in solidarity with Dmitry Vladimirovich Krasheninnikov in favor of JSC Halyk Bank of Kazakhstan of the amount owed in the amount of 7,762,050 tenge. The debtor agreed to the above-mentioned enforcement proceedings No. 431/21-75-4575 and he had no complaints. However, some time later we found out that V.E. Sagitov, the CSI, returned the enforcement proceedings without execution and the enforcement document was handed over to the Private Bailiff of Almaty, Nurlan Sailaubekovich Multykbaev. On August 17, 2021, the Private bailiff of Almaty, Nurlan Sailaubekovich Multykbayev, reviewed the writ of execution issued on the basis of judicial acts No. B/N dated 03/06/2013 on recovery from D.V. Krasheninnikov in favor of JSC Halyk Bank of Kazakhstan the amount of debt in the amount of 130,359 US dollars. The remaining amount of the debt on the day of the initiation is 51,748 US dollars, CHSI Multykbaev N.S., decided to initiate enforcement proceedings and assign for No.402/21-75-976 . CHSI Multykbaev N.S., during an oral conversation, made it clear to us that the previous enforcement proceedings No. 431/21-75-4575 It was excited It is also a mistake that the Debtor must pay the amount owed in US dollars. The reason for our appeal to you is the fact that according to paragraph 20 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003 No. 5 on the court decision, it is stipulated that in accordance with paragraph 2 of Article 127 of the Civil Code of the Republic of Kazakhstan, legal tender, mandatory for acceptance at face value throughout the territory of the Republic of Kazakhstan, is the tenge. With regard to Article 229 of the CPC, when satisfying claims for the recovery of monetary amounts, the courts must indicate in the operative part of the decision the amount of the amount to be recovered in numbers and words in the monetary unit of the Republic of Kazakhstan - tenge. When collecting periodic payments, the court must specify the period during which the collection is carried out.
Appeal to the Chairman of the Supreme Court for clarification and solutions
In the case of a claim for the recovery of a sum of money in a foreign currency, the court is obliged in the reasoning part of the decision to provide calculations for the transfer of foreign currency into tenge at the exchange rate established by the National Bank of the Republic of Kazakhstan on the day of the decision. Thus, the debtor has in his hands a judicial act on the recovery of the amount owed in foreign currency and, accordingly, the recoverer cannot determine the currency because in the enforcement proceedings No. 431/21-75-4575 requires the amount of debt in tenge, and enforcement proceedings no.402/21-75-976 It is required in US dollars. Based on the above arguments and in accordance with art. 229 of the Civil Procedure Code of the Republic of Kazakhstan, I ask you to: Provide explanations, information and solutions regarding the judicial act of the Court No. 2 of Aktau, Mangystau region, Judge Tulesinova N.O., dated February 29, 2012, issued in foreign currency.
Sincerely, Proxy Representative: _________________/Kenesbek I.M. "___"_________2021 the year
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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