Formulation of Claims When Filing an Administrative Lawsuit Challenging Actions (Inaction)

When filing an administrative lawsuit challenging the actions (inaction) of bailiffs, claimants formulate their claims in various ways.

Pursuant to Article 132 of the Administrative Procedural and Process Code (APPC), if an onerous administrative act violates the rights, freedoms, and lawful interests of the claimant, they are entitled to file a claim challenging the act with a demand to annul the administrative act in full or in part.

In case of disagreement with a resolution issued by a bailiff, the claim should seek recognition of such resolution as unlawful. Simultaneously filing a claim to declare the actions unlawful is not required.

In accordance with Part 2 of Article 84 of the APPC, an unlawful administrative act may be annulled in whole or in part.

If the resolution is признан unlawful, the court annuls the said resolution.

In accordance with Paragraph 3 of Article 76 of the Constitution of the Republic of Kazakhstan, judicial acts that have entered into legal force are binding on all state bodies, local self-government bodies, legal entities, officials, and citizens, and are subject to execution throughout the entire territory of the Republic of Kazakhstan.

The purpose of enforcement proceedings is to ensure the actual restoration of violated or disputed rights or legally protected interests.

Challenging the actions (inaction) of a bailiff is a form of judicial control within enforcement proceedings, aimed at protecting the rights and interests of the parties to the enforcement proceedings.

The main regulatory legal acts governing enforcement proceedings are:

• Constitution of the Republic of Kazakhstan;
• APPC;
• Civil Code;
• Civil Procedure Code;
• Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs”;
• Law of the Republic of Kazakhstan “On Valuation Activities in the Republic of Kazakhstan”;
• Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated March 31, 2017 No. 1 “On the application by courts of certain provisions of the legislation on enforcement proceedings”;
• Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated December 19, 2003 No. 12 “On liability for non-execution of judicial acts”;
• Rules approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated February 20, 2015 No. 100;
• Resolution of the Government of the Republic of Kazakhstan dated May 4, 2014 No. 437 “On approval of the amounts of remuneration for the activities of a private bailiff”.
•  

Abbreviations used:

APPC – Administrative Procedural and Process Code of the Republic of Kazakhstan;CPC – Civil Procedure Code of the Republic of Kazakhstan;CC – Civil Code of the Republic of Kazakhstan;Law “On Enforcement Proceedings and the Status of Bailiffs” – Law on Enforcement Proceedings;NR SC – Normative Resolution of the Supreme Court of the Republic of Kazakhstan;Rules for the sale of seized property, including via electronic auction – Rules;AIAS – Automated Information and Analytical System of the judicial authorities of the Republic of Kazakhstan “Torelik”;SCAD SC – Judicial Panel for Administrative Cases of the Supreme Court of the Republic of Kazakhstan;SCAD or Panel – Judicial Panel for Administrative Cases;SMAS – Specialized Interdistrict Administrative Court;DoJ – Department(s) of Justice;SBE – State Bailiff(s);PBE – Private Bailiff(s). 

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