Bringing to administrative responsibility for failure to execute an enforcement document on recovery
K. failed to comply with the enforcement document dated December 11, 2017 No. 3910-17-00-2/9605-2, issued by the Kostanay City Court, to recover 776,774 tenge from her in favor of F. By the decree of the CAC of the city of Kostanay dated May 25, she was brought to administrative responsibility for committing an administrative offense under Article 669 of the Administrative Code, with the imposition of an administrative fine in the amount of 8,418 tenge to the state revenue. According to paragraph 29 of the NPVS dated October 6, 2017 No. 7 "On certain issues of the application by courts of the norms of the Special part of the Code of the Republic of Kazakhstan on Administrative Offenses", the debtor's lack of a real opportunity to execute a judicial act in a certain part or in full precludes the possibility of bringing a person to responsibility under this article.
Bringing to administrative responsibility for failure to execute an enforcement document on recovery
At the same time, the courts should proceed from the fact that the debtor is obliged to independently take all measures depending on him and in the most active way to facilitate the fulfillment of the duty assigned to him to execute the judicial act and the executive document. The court of appeal accepted the debtor's arguments about the impossibility of executing the court's decision at this stage. K. does not work, is on leave to care for his son, R., born on April 26, 2017, has a dependent daughter, V., born on July 20, 2011. Under such circumstances, the decision of the CAS of the city of Kostanay was canceled, the proceedings were terminated, and K.'s complaint was filed. satisfied.
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