Application for changing the method and procedure for executing a court decision by foreclosing on a share of immovable property

Bostandyk District Court of Almaty ________________ IIN ________________

+7_______________ ________________ IIN ________________ city of Almaty,

Gagarin St., ______________________

Private bailiff of the Executive District

city of Almaty ________________ Almaty, pr. ________________ +7 ________________

APPLICATION for changing the method and procedure for executing a court decision by foreclosing on a share of immovable property

In the proceedings of a private bailiff of the executive district of Almaty ________________ enforcement proceedings are pending for № ________________ dated "__" June 20__ about the recovery with ________________ in favor of ________________ the amount of the main loan in the amount of 7,400 (seven thousand four hundred) US dollars, the amount of representative expenses in the amount of 200,000 (two hundred thousand) tenge, initiated on the basis of a writ of execution №________________ dated "__" June 20, issued by the Bostandyk District Court of Almaty. The debtor evades the execution of the requirement of the judicial act. During the check of the property status, the bailiff established that the debtor had registered real estate in the form of an apartment building located at the address: Almaty, Medeu district, Zhamakayeva Street, house ___________, as well as an apartment located at the address: Almaty city, Bostandyk district, prospect 132 Gagarina Street, apartment 61. By definition for № ________________ on December __, 20__, the Bostandyk District Court of Almaty determined the debtor's share ________________ in size !4 shares in the total joint property in the form of an apartment, located at the address: 132 Gagarin Avenue, apartment 61, Bostandyk district, Almaty. According to the responses of the second-tier banks (hereinafter referred to as Banks) of the Republic of Kazakhstan, there are no funds available on bank accounts to repay the debt. No other liquid property has been found that can be foreclosed on.

Application for changing the method and procedure for executing a court decision by foreclosing on a share of immovable property

In accordance with Article 55 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs", if the debtor does not have sufficient sums of money to repay the debt, foreclosure is levied on other property belonging to the debtor. According to Article 61 of the Law of the Republic of Kazakhstan "On Enforcement proceedings and the status of bailiffs", the share of the apartment belonging to the debtor is not included in the list of assets that cannot be foreclosed on. (extract from art . 61 of the Law) Enforcement of enforcement documents may not be levied on the following types of property belonging to the debtor by right of ownership or being his share in common ownership, necessary for the debtor and persons dependent on him:

Household items, utensils:

clothing, shoes, linens, bedding, kitchen and dining utensils that were in use, with the exception of fur and other valuable clothing (if there is other clothing that can replace it to ensure a living wage), dining sets, items made of precious metals, as well as those of artistic value;

furniture that is minimally necessary for the debtor and his family members (one bed and chair for each person, one table, one wardrobe and one chest per family);

all children's supplies.

Food in the amount necessary for the debtor and his family before the new harvest, farm buildings and livestock in the amount necessary to meet the needs of the debtor and his family, as well as livestock feed if the debtor's main occupation is agriculture, and in other cases - food and money for a total amount of no more than the minimum wage.

Fuel intended for cooking and heating the family's living quarters.

Inventory (including manuals and books) necessary for the continuation of the debtor's professional activities, except in cases when the debtor is deprived of the right to engage in certain activities by a court verdict or when the inventory was used by him to commit a crime.

Vehicles specially designed for the movement of the disabled, technical auxiliary (compensatory) means and special means of transportation for the disabled.

International, state and other prizes awarded to the debtor.

Foreclosure on property that is the subject of repo transactions concluded in the trading systems of the organizers of the open-ended bidding can be applied only after the closure of these repo transactions. In accordance with paragraph 1 of art. 246 of the CPC RK, the court that issued the decision or court order in the case, as well as the court at the place of execution of the decision, may, at the request of the state bailiff for enforcement proceedings in which the state is the recoverer, and (or) at the request of the parties to the enforcement proceedings, change the method or procedure for its execution, at the request of the parties to the enforcement proceedings, postpone or to delay the execution of a court decision in installments if circumstances arise that make it difficult or impossible to perform enforcement actions.

In accordance with art. 31 of the CPC, claims for rights to land plots, buildings, premises, structures, and other objects firmly connected with land (immovable property), and for the release of immovable property from seizure are filed at the location of these objects.

Application for changing the method and procedure for executing a court decision by foreclosing on a share of immovable property

Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated March 31, 2017 No. 1, paragraph 7. for the purpose of judicial control aimed at protecting the right of private property, foreclosure on immovable property is carried out in accordance with Article 246 of the CPC. In such cases, the requirements of paragraph 8 of Article 55 of the Law do not apply. When deciding whether to foreclose on property, the court must proceed from the rules of the order of sale of property provided for in Article 72 of the Law, find out the ownership of the property to the debtor, its actual value and the encumbrances on it, as well as assess the proportionality of the value of the property to the amount of the remaining debt, the duration of the enforcement document for execution and other circumstances worthy of attention.

An application for changing the method and procedure for executing a court decision In the court ruling, which changed the method and procedure for executing a decision by foreclosing on the debtor's property, it is necessary to indicate the identification characteristics of the property. At the same time, the court does not determine the initial selling value of the property, since such a right belongs to the bailiff at the stage of execution (article 68 of the Law).

Based on the above and guided by Article 55 of the Law of the Republic of Kazakhstan "On Enforcement proceedings and the status of Bailiffs", paragraph 1 of Article 238, paragraph 1 of Article 246 of the Civil Procedure Code of the Republic of Kazakhstan, paragraph 1 of Article 251 of the Civil Code of the Republic of Kazakhstan,

ask:

To change the method and procedure for executing a court decision by foreclosing on a 1/4 share in an apartment (cadastral number ________________), located at: Almaty city, Bostandyk district, Gagarin Avenue, house ______, apartment __, owned by the debtor ________________, IIN ________________.

Application: a copy of the enforcement proceedings on 59 sheets. "" 2020

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