By his inaction, the CSI violated the legally protected rights and legitimate interests of the claimant.
No. 6001-23-00-6ap/187 dated 05/02/2023
Plaintiff: K.N.
Defendant: HSI "K.Ah"
The subject of the dispute: on the appeal of actions (inaction)
Review of the defendant's cassation appeal.
PLOT:
By the order of the Karasai District Court of 02/13/2015, which entered into force, alimony payments were collected from K.B. in favor of the plaintiff for the maintenance of adult children.
On 01.10.2019, CHSI "K.A." IP was accepted into its production.
On March 5 and October 8, 2021, the plaintiff applied to the CSI with applications for alimony in agreement with the debtor K.B. On 05/24/2022, the plaintiff, due to the fact that the debtor does not pay alimony, applied to the CSI with an application for determining the alimony arrears and taking enforcement measures.
On May 27 and June 16, 2022, responses were sent to the plaintiff stating that in order to fulfill the requirements of the application, it is necessary to write another application for determining alimony arrears, indicating a specific period of non-receipt of alimony, as well as an email address.
On 13.06.2022, the CHSI issued a resolution on self-recusal. On 06/27/2022, the IP was transferred to the production of CHSI B.T.
The plaintiff applied for recognition of the defendant's inaction in not seizing the car that belonged to the debtor K.B., in not seizing the debtor's current accounts in second-tier banks, in not prohibiting travel outside the Republic of Kazakhstan, in not notifying the parties to the IP.
Judicial acts:
1st instance: the claim is satisfied. A private ruling has been issued against the defendant.
Appeal: the decision and the definition are left unchanged.
Cassation: judicial acts of local courts are upheld.
Conclusions: By virtue of subparagraph 9-1) of Article 1 of the Law, executive documents on the recovery of alimony belong to a socially significant category.
Article 2 of the Law defines that the tasks of enforcement proceedings are the mandatory and timely adoption of measures aimed at the enforcement of enforcement documents.
Subparagraphs 1), 2) of Article 3 of the Law regulate that enforcement proceedings are carried out on the principles of legality, timeliness and transparency of enforcement actions and the application of enforcement measures.
According to article 32 of the Law, the bailiff is obliged to take measures to ensure the execution of enforcement documents.
Since the courts have reliably established that the CSI did not take enforcement measures during the execution of the enforcement document, did not familiarize the parties with the materials of the enforcement proceedings, and by his inaction violated the legally protected rights and legitimate interests of the recoverer, including the alienation of movable property by the debtor, which grossly violated his duties, the judicial collegium judicial acts of the courts in terms of making a private determination, it recognized them as legitimate and justified.
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