Comments to article 11. Inviolability of property of the Civil Procedure Code of the Republic of Kazakhstan

1. Property is guaranteed by law. No one can be deprived of their property, except by a court decision.2. The seizure of property in order to secure a claim may be carried out on the grounds and in accordance with the procedure provided for by this Code.1. In accordance with article 6 of the Constitution, public and private property are recognized and equally protected in the Republic of Kazakhstan.The right of ownership, regardless of its civil law form, is protected in court.Thus, in accordance with paragraph 2 of Article 9 of the Civil Code, an appeal for protection of a violated right to an authority or management body does not prevent a court from filing a claim for protection of the right, unless otherwise provided by legislative acts.Thus, the violated or disputed rights of the owner are protected in court through civil law protection.Civil protection of property and other property rights is understood as a set of means provided for by civil legislation applied in connection with violations committed against these rights and aimed at restoring or protecting the property interests of their owners.According to paragraph 3 of article 26 of the Constitution, no one can be deprived of his property, except by a court decision.2. In accordance with Articles 155 and 156 of the CPC, upon the application of the persons participating in the case, the parties to the arbitration proceedings, the court may take measures to secure the claim in the form of seizure of property belonging to the defendant and held by him or other persons. Securing a claim is allowed in any situation where failure to take such measures may make it difficult or impossible to enforce a court decision.According to Article 740 of the Civil Code, the money of legal entities (with the exception of banks, insurance (reinsurance) organizations, voluntary accumulative pension funds that have been deprived of a license by an authorized state body and (or) are in the process of compulsory liquidation) and citizens who are in banks may be seized only by courts., bodies of investigation and inquiry and judicial authorities in criminal and civil cases and enforcement proceedings pending before them in accordance with the procedure and on the grounds established by criminal procedure and civil procedure legislation and legislation on enforcement proceedings and the status of bailiffs.The term of arrest of money held in banks by legal entities and citizens may not exceed the time limit, established for the conduct of relevant cases by the criminal procedure and civil procedure legislation.The seizure of individuals' deposits in the bank and other property, as well as its seizure in the course of civil proceedings, may be carried out in the cases and in accordance with the procedure provided for by the CPC.

LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

Astana, 2016

UDC 347 (574)  

By 63

ISBN 978-601-236-042-4

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