Article 251. Protection of the rights of other persons in the execution of decisions of the Civil Procedure Code of the Republic of Kazakhstan
1. If the bailiff commits a violation of the law during the seizure of property, which is the basis for the cancellation of the arrest, regardless of whether the property belongs to the debtor or other persons, the applications of other persons for the cancellation of the seizure of property are considered by the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan on administrative proceedings. Such applications may be submitted prior to the sale of the seized property.
A dispute over the right related to the ownership of the foreclosed property may be filed by other persons within ten working days from the date of the action (refusal to commit the action) or from the day when the person became aware of it. Such claims are considered by the court according to the rules of claim proceedings.
2. Claims for the release of property from seizure (exclusion from the inventory) may be filed by owners or persons who own property on the basis of economic management, operational management, lease, permanent land use, or on other grounds provided for by law or contract.
3. Claims for the release of property from seizure are brought against the debtor and the recoverer.
4. If property is seized by a bailiff as part of the execution of a sentence, a decree on confiscation of property that does not specify the items to be confiscated, the convicted person and the relevant body authorized to organize work on accounting, storage, evaluation and further use of property that has been converted (received) into state ownership are involved as defendants.
If the claims are recognized as justified, if the property subject to confiscation is held by the body authorized to organize work on accounting, storage, evaluation and further use of property that has been converted (received) into state ownership, and transferred to them by trade, other organizations for sale, processing or free of charge, then this property is subject to return in kind. In this case, in addition to the body authorized to organize work on accounting, storage, evaluation and further use of property transferred (received) into state ownership, the specified trade and other organizations are involved in the case. If these organizations have not sold the property to be excluded from the inventory, they are required to return the property in kind.
5. A judge, having established, regardless of the application of the persons concerned, the circumstances specified in part one of this Article, is obliged to release the property from seizure (exclude it from the inventory) when considering the application in accordance with the procedure established by this Article and the legislation of the Republic of Kazakhstan on administrative proceedings.
6. If the property seized in connection with the confiscation of property has already been sold or recycled, the plaintiff shall be reimbursed the amount earned from the sale of the property when considering the application in accordance with the procedure established by this article and the legislation of the Republic of Kazakhstan on administrative proceedings.
President
Republic of Kazakhstan
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