Application to the Justice on Termination of enforcement proceedings
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To the Department of Justice of the East Kazakhstan region
Ministry of Justice of the Republic of Kazakhstan
from: ................ IIN ......................
Proxy representative: Galymzhan Turlybekovich Sarzhanov
IIN 850722301036 Almaty, Medeu district,050002,
50 Zhibekzholy Ave., office 202, Business center Block. info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 5758
Statement
On May 03, 2017, plaintiff Bertyskanova A.T. appealed to the Semey City Court of the East Kazakhstan region with a claim against the defendants ................... and ..................... on the recovery of the debt amount in the amount of 7538,000 tenge, as well as the refund of the state duty in the amount of 75380 tenge, a total of 7613380 tenge. On June 01, 2017, the Semey City Court of the East Kazakhstan region, composed of the presiding judge D.B. Karimova, considered the civil case on the claim in a simplified procedure. ................... to ...................... on collecting the amount of the debt, I decided: to collect in solidarity with ......................... in favor of ................... the amount of debt in the amount of 7538,000 tenge, the cost of paying the state duty in the amount of 75380 tenge for 37690 tenge each, a total of 7613380 tenge.
After that, the private bailiff of the East Kazakhstan region ..................., based on the writ of execution № ................. dated July 13, 2017, issued by the Semey City Court, initiated enforcement proceedings no. 419/17-63-2694 dated 08/03/2017 in relation to ......................
Application to the Justice on Termination of enforcement proceedings
On August 17, 2017, the defendant .................... She applied to the Semeysky City Court of the East Kazakhstan region with a request to cancel the court's decision of June 01, 2017, rendered in a simplified procedure, as she was not notified of the consideration of the case in a simplified procedure, and did not receive a statement of claim. On September 04, 2017, the Semey City Court of the East Kazakhstan region, composed of the presiding judge D.B. Karimova, considered the application in open court using audio-video recordings. .................... on the cancellation of the decision rendered in the order of simplified (written) proceedings, I determined: The application ................. on the cancellation of the decision rendered in the order of simplified (written) proceedings, to satisfy. To cancel the decision of the Semeysky City Court of June 01, 2017 in the civil case on the claim .................. to .................... on the recovery in solidarity with ................. in favor of ..................... the amount of debt in the amount of 7538,000 tenge, the recovery in solidarity of the costs of paying the state duty in the amount of 75380 tenge for 37690 tenge each, a total of 7613380 (seven million six hundred thirteen thousand three hundred eighty) tenge.
In accordance with clause 5, clause 1, Article 47 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs" (hereinafter referred to as the Law), enforcement proceedings are terminated if the decision of the relevant body on the basis of which the enforcement document was issued is canceled. On October 11, 2017, the Semeysky City Court of the East Kazakhstan region, chaired by Judge Karimova D.B., with the secretary of the court session Zhaskairatova M., with the participation of a representative of the plaintiff ....., on the basis of a power of attorney dated 08/24/2017 and warrant No.......dated 08/24/2017, having considered in open court court session with the use of audio and video recordings civil case on the claim ..................... to ................................... on debt collection, I decided: claims ............................. to .......................... to satisfy the debt collection in full; collect from ..................... jointly and severally in favor of Bertyskanova Aigul Turusbekovna, a debt in the amount of 7538,000 (seven million five hundred and thirty-eight thousand) tenge; to recover from ........................ court costs related to the refund of the state duty of 75380 tenge and expenses for the services of a representative in the amount of 35,000 tenge, postage in the amount of 1161 tenge, a total of 111541 (one hundred eleven thousand five hundred forty-one) tenge in equity in favor of ........................, 55,771 (fifty-five thousand seven hundred and seventy-one) tenge each.
During the execution of the court's decision, March 18, 2019 ........................., on the one hand, and .......................... on the other hand, with the participation of a professional mediator ..........................., Certificate No. 624 dated 03/02/2016, a member of the NGO "National Chamber of Mediators", concluded An agreement on the settlement of a dispute (conflict) through mediation (hereinafter referred to as the Agreement) by reducing the amount owed from 7,593,771 (seven million five hundred and ninety–three thousand seven hundred and seventy-one) tenge to 4,172,000 (four million one hundred and seventy-two thousand) tenge (clause 2.1 of the Agreement).
Application to the Justice on Termination of enforcement proceedings
In accordance with paragraphs 2-1, paragraph 1, Article 47 of the Law, enforcement proceedings are terminated if the parties to the enforcement proceedings have concluded an agreement on dispute settlement through mediation. On March 26, 2019 on the website of the Ministry of Justice of the Republic of Kazakhstan ................... I found out that he is listed in the register of debtors in enforcement proceedings, in enforcement proceedings № ................ dated 08/03/2017, initiated by a private bailiff of the East Kazakhstan region ..................., based on the writ of execution № ........................ dated July 13, 2017, issued by the Semey City Court, in respect of .................... 03.04.2019, I, the representative ..................., I contacted Zh.K. Omargaliev via cell phone. During our phone conversation ....................... He informed me that he was no longer a member of the Regional Chamber of Private Bailiffs of the East Kazakhstan region, and asked me to contact the Regional Chamber of Private Bailiffs of the East Kazakhstan Region directly regarding the termination of enforcement proceedings. Next, we sent an application to the Regional Chamber of Private Bailiffs of the East Kazakhstan region with a request to terminate enforcement proceedings No. 419/17-63-2694 dated 08/03/2017, initiated by a private bailiff of the East Kazakhstan region ......................, on based on Writ of Execution No. 6328-17-00-2/9634-3 dated July 13, 2017, issued by the Semey City Court, on recovery from ............................... in favor of .........................the amount of debt in the amount of 7538,000 tenge, the cost of paying the state duty in the amount of 75380 tenge, a total of 7613380 tenge.
After that, we received a response from the Regional Chamber of Private Bailiffs of the East Kazakhstan region as follows: Enforcement proceedings № ................. dated 08/03/2017 on collection from ....................... in favor of ...................... the amount of debt in the amount of 7538,000 tenge, the cost of paying the state duty in the amount of 75380 tenge, a total of 7613380 tenge, was returned by the decision of the private bailiff of the executive district of East Kazakhstan region ...................., on the basis of clause 1, clause 1, Article 48 of the Law RK "On enforcement proceedings and the status of bailiffs". In this regard, it is not possible to terminate the enforcement proceedings, since it contradicts the current legislation. Regarding the exception ...................... From the register of debtors in enforcement proceedings, the Regional Chamber of Private Bailiffs of East Kazakhstan Region recommends applying to the Department of Justice of East Kazakhstan Region.
Application to the Justice on Termination of enforcement proceedings
Based on the above and guided by art. 47 of the Law, I ask you:
1. To terminate enforcement proceedings № ................ dated 08/03/2017, initiated by a private bailiff of the East Kazakhstan region ..................., based on the writ of execution № .................. dated July 13, 2017, issued by Semeysky by the city court, on recovery from ............................... in favor of .................... the amount of debt in the amount of 7538,000 tenge, the cost of paying the state duty in the amount of 75380 tenge, a total of 7613380 tenge.
2.Exclude ................. from the register of debtors in enforcement proceedings. 3. Respond to the application within the time limits prescribed by law.
Sincerely, Proxy Representative: ____________/ Sarzhanov G.T. "___"__________ 2019 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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