Complaint to the Almaly district Prosecutor's Office about the actions of the CSI
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To the Prosecutor's Office of Almaly district of Almaty
Almaty, 050059, Address: 56 Karasai Batyr street.
8 (727) 229-11-77, 229-11-78.
from: E.J.
IIN .......................
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 578 57 58; +7 700 978 50 85.
Private bailiff of Almaty Sarybekov Dzhanibek Tursynbekovich
050000, Republic of Kazakhstan, Almaty, Karasai Batyr str., 152/1 , Block C,5th floor
Phone: +77073313887.
dzhanibek2014@gmail.com
Claim
on the actions of the CSI
CSI Sarybekov Dzhanibek Tursynbekovich (hereinafter referred to as CSI) has enforcement proceedings no.195/22-75-6635 dated 12/28/2022, initiated on the basis of a writ of execution issued by the Bostandyk District Court of Almaty to recover the amount of debt in the amount of 10 561 745 tenge.
By the decision of the Board for Civil Cases of the Almaty City Court dated November 23, 2022, the claims were satisfied for the recovery of the amount owed by Ermenova Zhanat (hereinafter referred to as the Debtor) in favor of Rakhmanov Azamat (hereinafter referred to as the Recoverer) in the amount of KZT 12,798,393 and the state duty in the amount of KZT 10,561,745.
On April 12, 2023, by the Ruling of the Bostandyk District Court of Almaty, the application for postponement of the execution of the decision of the Bostandyk District Court of Almaty dated August 18, 2022 was satisfied pending consideration of the civil case by the Supreme Court of the Republic of Kazakhstan.
CHSI participated in the mentioned court sessions as a third party. However, despite this definition, ignoring this definition, on April 13, 2023, the CSI illegally seized an Infiniti vehicle with GRNZ 707 AAT 02 year of manufacture 2019 owned by Ermenova Zhanat.
Thus, there is a direct interest in the outcome of the enforcement proceedings in the actions of the CSI, and we doubt the impartiality of the CSI.
According to Article 3 of the Law on Enforcement Proceedings and the Status of Bailiffs of April 2, 2010, enforcement proceedings are conducted on the principles of: legality; timeliness and transparency of enforcement actions and the application of enforcement measures; respect for human honor and dignity; inviolability of the minimum property necessary for the existence of the debtor and his family members; proportionality of the volume of the recoverer's claims and enforcement measures.
According to Article 54 of the Law "On Enforcement Proceedings and the Status of Bailiffs", a bailiff, an assistant to a private bailiff, an interpreter, a specialist cannot participate in enforcement proceedings and are subject to recusal if they are personally, directly or indirectly interested in the outcome of enforcement proceedings or there are other circumstances, in particular, family relations with the parties, with by their representatives, raising doubts about their impartiality.
If there are circumstances for recusal, the persons specified in paragraph 1 of this article are obliged to recuse themselves. The challenge must be motivated and stated in writing before the beginning of the enforcement actions. A challenge in the course of execution is allowed if there is a reason for it and it became known after the beginning of the execution of enforcement actions.
In accordance with art.48, part 1, paragraph 8 of the Law, the enforcement document, according to which the recovery was not carried out or was not carried out in full, is returned to the recoverer by order of the bailiff in the following cases where there are grounds for challenging a private bailiff specified in paragraph 1 of Article 54 of this Law.
According to Article 1 of the Law of the Republic of Kazakhstan "On the Prosecutor's Office", the Prosecutor's Office, on behalf of the State, carries out, within the limits and forms established by law, supreme supervision over the observance of legality in the territory of the Republic of Kazakhstan. By virtue of Article 5 of the Law, the Prosecutor's Office exercises supreme supervision (hereinafter referred to as supervision) over legality.
Based on the above,
I ask you to:
For non-fulfillment or improper performance of their official duties, to bring to justice CHSI Sarybekov D.T.;
To oblige the private bailiff Sarybekov Dzhanibek Tursynbayevich to return the movable property of the Infiniti brand vehicle with GRNZ 707 AAT 02 year of manufacture 2019 owned by E.Zh.;
Suspend enforcement proceedings No.195/22-75-6635 dated 12/28/2022;
To remove movable property from electronic auctions an Infiniti brand vehicle with GRNZ 707 AAT 02 year of manufacture 2019 owned by E.Zh.
To respond to the application within the prescribed time limits.
Appendix: court ruling on 2 sheets, screenshot from electronic trading.
With respect,
Representative by proxy:
_____________ /Nurlanov N.N.. "___"_____________2023 the year.
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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