Cancellation of the claim security | Seizure in a civil case | Seizure of movable and immovable property

           August 04, 2014  The judge of the Abaysky District Court of Shymkent, Bakirova E.K., in the framework of civil case No. 2-4921, having considered the application of the plaintiff's representative Berdybaev E.D., to seize in a civil case the claim of the Bureau for Work with Debtors LLP against the defendant TVK for the recovery of the amount of debt, the Court Determined: To seize movable and immovable property belonging to to the defendant Tasimova Venera Karabekovna, in whatever form and wherever it is located within the limits of the claim in the amount of 1,063,944 (one million sixty-three thousand nine hundred forty-four) tenge.

Subsequently, bailiffs initiated enforcement proceedings within the framework of enforcement proceedings by bailiffs, and encumbrances were imposed on salaries and accounts held in second-tier banks. On 20.02.2015, the State Bailiff of the Shymkent City Department of Justice, Abishev Oralkhan Maratovich, within the framework of enforcement proceedings No. 3750-020-15-15-51-9922, carried out a number of enforcement actions to execute the enforcement document where encumbrances were imposed. Also, Abishev Oralkhan Maratovich, as a Private bailiff of the Regional Chamber of Private Bailiffs of the city of Shymkent, also imposed encumbrances, namely: it was included in the Register of Debtors in Enforcement Proceedings and the List of debtors temporarily restricted from leaving the Republic of Kazakhstan on the official Internet resource of the Ministry of Justice of the Republic of Kazakhstan. However, the above-mentioned enforcement proceedings were returned without Cancellation of the claim security | Seizure in a civil case | Seizure of movable and immovable possessesreferences.

Cancellation of the claim security | Seizure in a civil case | Seizure of movable and immovable property

On 15.08.2018, the private bailiff of the Regional Chamber of Private Bailiffs of Shymkent, Mailybaev B.K., terminated enforcement proceedings in connection with the full repayment of the debt by the Debtor. Accordingly, he directly removed only his own all the encumbrances imposed on the wound. According to article 160. "Cancellation of a measure to secure a claim" 1. The security of a claim may be revoked by the same court at the request of a person participating in the case, the parties to the arbitration proceedings, or on their own initiative. The issue of cancellation of the security measure for the claim is resolved by the judge no later than five working days with notification of the persons participating in the case about the time and place of consideration of the application, however, their non-appearance does not prevent consideration of the matter on its merits.

Based on the above and guided by Articles 160, 268 of the CPC RK, the Court was asked to: Cancel the Ruling of the Abai District Court of Shymkent dated August 04, 2014 on the seizure of movable and immovable property belonging to the defendant of the TVK; To make a ruling on the removal of encumbrances from movable and immovable property belonging to the defendant of the TVK; Subsequently, the Abai District Court of the city of Shymkent considered in open court the statements of the defendant of the TVK on the cancellation of the measure to secure the claim imposed by the court ruling of August 04, 2014 in civil case No. 2-4921/2014 on the claim of the Limited Liability Partnership "Bureau for Work with Debtors" to the TVK for the recovery of the amount of debt under the bank loan agreement.. Considering the above, the court considers it necessary to satisfy the statement of the defendant T.V.K. and to cancel the measures to secure the claim imposed by the court ruling of August 04, 2014.Cancellation of the claim security | Seizure in a civil case | The seizure of movable and immovable property, Guided by Articles 160, 268-269 of the Civil Procedure Code of the Republic of Kazakhstan, the court DETERMINED: Statements by the defendant of the TCE on the cancellation of the measure to secure the claim, to satisfy the court ruling of August 04, 2014 in civil case No. 2-4921/2014 on the claim of the Limited Liability Partnership "Bureau for Work with Debtors" to the TVK for the recovery of the amount owed under the bank loan agreement. To cancel the measures to secure the claim imposed by the ruling of the Abai District Court of Shymkent on August 04, 2014 and to remove from arrest movable and immovable property belonging to the TVK (IIN .........). A copy of this ruling should be sent to the branch of the "Abai District Territorial Department of Bailiffs of Shymkent city of the Department of Justice of Shymkent city of the Ministry of Justice of the Republic of Kazakhstan", the regional chamber of Private Bailiffs of the executive district of Shymkent city and the branch of the Non-profit Joint Stock Company "Government for Citizens State Corporation" in Shymkent city for its execution immediately.

The authorities and persons to whom the ruling was sent are obliged to inform the court about the execution of the court's ruling on the cancellation of the measure to secure the claim, within five working days after the necessary actions have been taken to execute it. Failure to fulfill this obligation entails the occurrence of liability provided for by law. The Department of Justice of the city of Shymkent (hereinafter referred to as the Department), in response to an appeal received on 27.05.2019, informs the following: On the basis of a writ of execution dated 30.09.2014, issued by the Abaysky District Court of Shymkent, on the recovery of T.V. in favor of the "Bureau for Work with Debtors" LLP, the amount owed in the amount of 927,949 tenge and the state fee in the amount of 27,839 tenge, by a private bailiff (hereinafter referred to as the CSI) Mukhtarov B. initiated enforcement proceedings for No. 3750-020-15-15-51-9922 dated 02/20/2015. In order to comply with the requirements of the CSI executive document, Mukhtarov B. took measures to seize the debtor's property, as well as temporary restrictions on the debtor's departure from the Republic of Kazakhstan. According to an extract from the minutes of the meeting of the Board of the Republican Chamber of Private Bailiffs of the Republic of Kazakhstan (hereinafter – RP CHSI RK) dated 08/01/2017, private bailiff Mukhtarov B. was excluded from the membership of this chamber. Thus, the materials that were in his execution were transferred to a private bailiff, Abishev O. However, according to an extract from the minutes of the meeting of the RC CC RK dated 04/25/2019, CC Abishev O. was also excluded from the membership of the RC CC RK. As part of the consideration of your appeal, the Department sent a letter to the Regional Chamber of Private Bailiffs of Shymkent city, in order to transfer the duties of O. Abishev to another CSI as soon as possible for the subsequent lifting of the temporary restriction on the debtor's departure from the Republic of Kazakhstan, as well as taking measures to lift the arrests imposed on the debtor's property.Cancellation of the claim security | Seizure in a civil case | Seizure of movable and immovable property

Cancellation of the claim security | Seizure in a civil case | Seizure of movable and immovable property

Taking measures to lift arrests and the ban on leaving the Republic of Kazakhstan was entrusted to CHSI Kolbaev A.S. Thus, CHSI Kolbaev A. sent resolutions to second-tier banks to lift the arrest from the debtor's current accounts (a copy of the supporting document is attached). At the same time, by virtue of Article 33 of the Law of the Republic of Kazakhstan "On Enforcement proceedings and the status of Bailiffs" (hereinafter referred to as the Law), CHSI Kolbaev A. lifted the temporary restriction on the departure of the debtor Tasimova V. from the Republic of Kazakhstan dated 06/07/2019. Also, it is reported that according to the letter of CHSI Kolbaev A. No. 648 dated 06/07/2019, 06/10/2019, the Department excluded the information of the debtor Tasimova V. from the Unified Register of Debtors of the Ministry of Justice of the Republic of Kazakhstan.

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