Courts of the Republic of Kazakhstan may not issue writ of execution against foreign persons

Cases of appeals to the court of the Republic of Kazakhstan with applications requesting the issuance of writ of execution in relation to foreign persons have been established. The courts accept and consider such applications on their merits, moreover, they satisfy rather than grossly violate the requirements of Chapter 20 of the CPC.

Thus, by the decision of the arbitrator of the permanent Arbitration of the City of Nur-Sultan dated September 1, 2020, debts in the amount of 259,824 Russian rubles, equivalent to 1,473,125 tenge, expenses related to the representative's services of 25,982 Russian rubles, equivalent to 174,312 tenge, arbitration fee in the amount of in the amount of 5,598 Russian rubles, equivalent to 31,736 tenge.

The arbitration award has not been voluntarily executed.

By the ruling of the Yesilsky District Court of the city of Nur-Sultan dated November 23, 2020, an executive order was issued in favor of Market 2050 LLP to recover the above amounts from Realexport LLC (Russian Federation, Chelyabinsk).

Due to the loss of the writ of execution, the claimant again applied to the court with a request for the issuance of a duplicate writ of execution according to the specified definition.

By the ruling of the Yesilsky District Court of the city of Nur-Sultan dated October 6, 2021, a duplicate writ of execution was issued to the recoverer of Market 2050 LLP. The court reasoned its conclusions by the fact that the loss of the executive document should not violate the rights of the claimant.

At the same time, the court did not take into account that writ of execution in relation to foreign legal entities cannot be issued by the courts of the Republic of Kazakhstan.

 

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