Complaint about the actions (inaction) of the bailiff
According to the Law, the jurisdiction of the bailiff does not apply to persons who do not participate in enforcement proceedings. However, in accordance with paragraph 2 of Article 13 of the Constitution, which stipulates that Everyone has the right to judicial protection of their rights and freedoms, articles 250, 251 of the CPC and 127 of the Law, the actions (inaction) of a bailiff to execute enforcement documents or refusal to commit such actions may be appealed in court, taking into account the specifics provided for in articles 250, 251 CPC, both by the parties to the enforcement proceedings and by persons who believe that their rights and legitimate interests have been violated, and obstacles have been created to the exercise of their rights and legitimate interests., or they have some kind of responsibility. A complaint against the actions (inaction) of the bailiff (hereinafter referred to as the complaint) of the recoverer and the debtor is considered in accordance with the procedure provided for in the first part of Article 250 of the CPC.
If the execution of the decision affects the property interests of third parties, these persons have the right to apply to the court with a claim to the debtor and the recoverer for restoration of the violated right in accordance with Article 251 of the CPC. At the same time, if the plaintiff has not involved a bailiff in the case, then the court must do this on its own initiative. In this case, the bailiff acts as a third party who does not make independent claims on the subject of the dispute. Within the meaning of the first part of Article 250 of the CPC, it follows that a complaint against the actions (inaction) of the state bailiff is filed with the district (city) court of the territorial area served by the bailiff.
A complaint against the actions (inaction) of a private bailiff is filed with the district (city) court at the place of registration of the private bailiff. If there are several courts of general jurisdiction on the territory of a locality, the complaint is filed at the place where the enforcement actions were performed.
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
