Complaint about the action of the Chamber of Civil Protection on exclusion
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To the Medeu District Court of Almaty, Republic of Kazakhstan,
Almaty, 050016, Nusupbekov St. 34.
applicant: private bailiff of the executive district of the city
Almaty ___________________ IIN ..................... Almaty, Satpayev St.,
69 "A", 306 office tel.: +7 707 357 3696; +7 778 310 0009
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 50 Zhibek Zholy ave., office 202,
Business center Quarter info@zakonpravo.kz / www.zakonpravo .kz
+ 7 727 978 5755; +7 708 578 5758
Defendant: Regional Chamber of Private Bailiffs of Almaty city
BIN ________________ Almaty, Tulebayeva St., 38/61, 12 office (old address:
Almaty, Bogenbai batyr str., 132) tel: 8 727 390 0472; 390 0562; 390 0087
third parties who do not make independent claims on the subject of the dispute:
Chairman of the Commission _______________;
Chief specialist of RP CHSI Almaty ________________;
Acting Head of the Department for organization of activities
CHSI of the Department of Justice of Almaty ________________;
Members of the disciplinary commission are private bailiffs
city of Almaty ________________, ________________, ________________, ________________.
Claim
on the effect of the Regional fee of private bailiffs of the city of Almaty for issuing an Opinion on the results of unscheduled official control and the Decision to exclude a private bailiff ________________ from the Republican Chamber of the Czech Republic
__ April 20__ to the private bailiff of the city of Almaty ________________, ( The chief specialist of the Regional Chamber of Private Bailiffs of Almaty has arrived _______________, I.Acting Head of the Department for the Organization of the activities of the Civil Registry Office of the Department of Justice Almaty ________________, which, according to the Rules for Monitoring the activities of private bailiffs, Approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated __ February 20__ № ________________, handed the Applicant a copy of the order to conduct an unscheduled inspection of the activities of a private bailiff, indicating the composition of the commission, Chairman of the commission M Talasbayev,
Chief specialist of RP CHSI Almaty _______________, Acting Head of the Department for the organization of the activities of the CHSI of the Department of Justice of Almaty _______________ ( next is the Commission). On this day, the Chairman of the Commission participated in an unscheduled inspection. ________________, He did not participate, and formally expressed interest in the Acting Head of the Department for organizing the activities of the Civil Protection Service of the Department of Justice of Almaty ________________. The commission that arrived with an unscheduled inspection reported that the main purpose of the unscheduled inspection was to instruct the Republican Chamber of Private Bailiffs to act on the emergency ________________, since the Call Center of the Republican Chamber of Private Bailiffs received an appeal about the violation of territorial integrity by the Applicant. Before and during the inspection, the commission provided nothing but an Order and unsubstantiated accusations, while the Applicant repeatedly demanded audio, video recordings or other information confirming a violation of the requirements of the Charter, the Code of Professional Honor and the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs". During the inspection, a member of the commission was the chief specialist of the Regional Chamber of Private Bailiffs of Almaty. ________________, having selectively selected ten enforcement proceedings, he took them with him after writing a receipt. Whereas, according to Article 9 of the Charter of the Republican Chamber of Private Bailiffs, approved by the Republican Congress of Private Bailiffs of the Republic of Kazakhstan on September 27, 2018, the Chamber is not responsible for the obligations of its members, just as the members of the Chamber are not responsible for the obligations of the Chamber. Accordingly , art . 23 of the Charter stipulates that a private bailiff performs his official duties on his own behalf and under his own responsibility. Hence, it follows that the chief specialist of the Regional Chamber of Private Bailiffs of the city of Almaty ________________ He abused his official powers, as he had no right to take the originals of the enforcement proceedings with him.
Clause 3 of Article 7 of the Law "On Enforcement Proceedings and the Status of Bailiffs" stipulates that no one has the right to interfere in the official activities of a bailiff, except for persons directly authorized to do so by laws. Unlawful interference in the activities of the bailiff entails liability established by the laws of the Republic of Kazakhstan. Article 25 of the Law provides 1. The Prosecutor's Office, on behalf of the State, oversees the legality of enforcement proceedings and takes measures to identify and eliminate any violations of the law. 2. Within the limits of his powers, the prosecutor has the right to demand and verify enforcement proceedings for a period of no more than three working days, including complaints and applications from the parties to the enforcement proceedings, and 4. The prosecutor has the right to withdraw an enforcement document from the proceedings of a private bailiff. 139 1. A private bailiff is impartial and independent in his activities and is guided by the Constitution of the Republic of Kazakhstan, this Law, other laws regulating enforcement proceedings in the Republic of Kazakhstan, as well as international treaties. 2. A private bailiff in the performance of his official duties, as well as persons working in his office, is prohibited from disclosing information, disclosing documents that they have become aware of in connection with the commission of executive actions, including after resigning or dismissal, except in cases provided for by law. Information (documents) about executive actions performed may be issued only to persons on behalf of, on behalf of, or in respect of whom these actions were performed. Certificates of executive actions performed are issued at the request of the court, prosecutor's office, and investigating authorities in connection with criminal or civil cases pending before them. We believe that all members of the commission should, in accordance with the Rules for Monitoring the activities of private bailiffs, approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated February 27, 2015 No. ......., as well as the above-mentioned Law, check on-site enforcement proceedings for violations of legality, listen to the Applicant's arguments on the violations found there, and make extracts or copies of the enforcement proceedings, but unfortunately, in violation of the above standards, the commission acted differently.
__ April 20__ Chief Specialist of the Regional Chamber of Private Bailiffs of Almaty city ________________, Having summoned the Applicant, he deliberately handed over the Report on the results of the unscheduled internal control, which had already been signed by the entire commission. Subsequently, on __.04.20__, Members of the Disciplinary Commission of the Regional Chamber of Private Bailiffs of Almaty, represented by the Deputy head of the Chamber ________________, CHSI Almaty ________________, ________________, ________________. Having considered the recommendations on the exclusion of private bailiffs from the membership of the Republican Chamber of Civil Protection ________________, according to the conclusion of the RP of the CHSI of Almaty, I decided: to send the decision of the disciplinary commission on the recommendation to expel the CHSI of the executive district of Almaty ________________, from the members of the Republican Chamber for gross violation of the requirements of the legislation for consideration by the Board of the Republican Chamber. Where it was stipulated During the study of enforcement proceedings, it was established that the violation of the legislation of the Republic of Kazakhstan was confirmed, namely: The Applicant has enforcement proceedings for №________________ from __.03.20__ of the year on collection from ________________, in favor of the LLP "________________" according to the executive inscription of the notary of Almaty, ________________, dated __.09.20__, where the debtor's place of registration is indicated in Almaty region, Talgar district, Guldala village, Altynsarina St., 6. In violation of art. 37 of the Law "On Enforcement Proceedings and the status of bailiffs" in enforcement proceedings there is no agreement on the procedure and conditions for the execution of the enforcement document. Dear Court, we do not agree with these arguments of the commission, since if the commission had checked the enforcement proceedings on the spot, the Applicant would have provided the Agreement there. The case may not have been included in the materials, since the Agreement with the recoverer was drawn up for all enforcement proceedings received from the Recoverer. According to the information from the AIS IP database, it was established that HSI __.03.20__ year a resolution was issued to provide information on the availability of funds in second-tier banks. And after __.04.20__ of the year, the CHSI issued a collection order №________________ and sent to JSC "________________", for execution. We also disagree with these arguments of the Commission due to the fact that, according to the Recoverer, the Debtor worked in Almaty and it was necessary to identify and establish his place of work, as practice shows, residents of villages located near the city of Almaty do not work in the city of Almaty officially, which was repeatedly reported by the Claimant. Also, in this enforcement case, enforcement proceedings were previously initiated by a private bailiff in Almaty. ________________.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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