Complaint about the action of the CSI in the debtor's relations to the Department of Justice of Almaty
To the Department of Justice of Almaty
Ministry of Justice of the Republic of Kazakhstan
Almaty, ind.: 050010, Zenkova St., 47.
tel.: +7 (727) 293-02-06, 291 87 62, 291-87-41
from: To
IIN .
Almaty, ...
8 747 .........
Private bailiff of Almaty
Myrzakasymov Nurgali Zhorauli
Almaty, Satpayev street 90/1, 2nd floor, office 9
8 702 999 70 06, 8 707 000 00 00.
Myrzakassymov_n@mail.ru
Claim
on the effect of the HSI in the debtor's relationship
In the proceedings of the Private bailiff of Almaty Myrzakasymova Nurgali Zhorauli (hereinafter referred to as CHSI) has enforcement proceedings initiated on the basis of Court Order No. 7520-20-00-2/11319 issued by the District Court No. 2 of the Almaly district of Almaty on the recovery of an alimony quarter of the total income from the Housing and communal Services .... for the maintenance of a minor child born in 2020.
On the grounds of the said court order, enforcement proceedings were initiated by a private bailiff, however, to this day, the CHSI-m has not determined the amount of the debts incurred, has not issued a ban on the debtor's departure from the Republic of Kazakhstan, has not provided the recoverer with a resolution on the initiation of enforcement proceedings, has not provided a resolution on the determination of the debtor's debt, a ban on departure, etc. CHSI treated his functional duties negligently.
At the moment, the debtor is not executing the court order properly, which contradicts Article 430 of the Criminal Code of the Republic of Kazakhstan, which stipulates that failure to execute a sentence, court decision, or other judicial act or executive document that has entered into force for more than six months, as well as obstruction of their execution.
As part of the enforcement proceedings, the Private bailiff, who is inactive, is not taking measures to enforce the judicial act. To date, when checking the database temporarily restricted from the Republic of Kazakhstan, the Debtor has not been burdened with a travel ban by the bailiff.
In addition, the bailiff did not provide us with information about the seizure of bank accounts, which is a gross violation on the part of the bailiff in the performance of his duties.
To date, in order to enforce the judicial act, the bailiff has not taken measures to bring the debtor to administrative responsibility, as well as the suspension of a driver's license.
In accordance with Article 55 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs", if the debtor does not have sufficient sums of money to repay the debt, foreclosure is levied on other property belonging to the debtor.
In accordance with paragraph 1, Article 669 of the Administrative Code of the Republic of Kazakhstan, where failure to comply with a court verdict, court decision or other judicial act and executive document entails a fine on individuals.
Based on the above and in accordance with the Law of the Republic of Kazakhstan "On Enforcement proceedings and the status of bailiffs" and paragraph 1, art. 669 of the Administrative Code of the Republic of Kazakhstan,
I ask you to:
To give a legal assessment of the actions/omissions of the Private bailiff of Almaty Myrzakasymov Nurgali Zhorauly.;
In case of detection of a violation of the law in the actions of a Private bailiff in Almaty, Myrzakasymov Nurgali Zhorauly, assign to him the duties of eliminating the violated rights of the Claimant;
To oblige the Private bailiff of Almaty, Myrzakasymov Nurgali Zhorauly to bring to administrative responsibility the debtor Zh., for non-execution of the court order;
To oblige the Private bailiff of Almaty, Myrzakasymov Nurgali Zhorauly on submitting to the court a submission on the suspension of the debtor's driver's license for failure to comply with a court order;
To oblige the Private bailiff of Almaty, Myrzakasymov Nurgali Zhorauly to issue an arrest ban on the departure of debtor Zh. from the Republic of Kazakhstan, for non-fulfillment of a court order;
To respond to the application within the prescribed time limits.
Yours sincerely,, _____________ / To
"___"_____________2024 the year.
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