Objection to the repeated Notary's executive order  

    On September 23, 2020, we noticed that in the register of debtors for enforcement proceedings, there is a production for the enforcement proceedings of the CSI. Subsequently, we sent a request for familiarization with the case materials from the Private Bailiff of the executive district of Almaty, Yerbol Nurzhanovich Asabayev, where, having received the case materials, we got acquainted with the executive inscription No. 3455 dated August 23, 2020. When studying the executive inscription, we found out that the Notary had established the amount owed ...... Oleg Fedorovich to Almaty Thermal Networks LLP (Hereinafter – The recoverer), BIN 060640007336, arrears in the amount of 470,631 tenge for obligations arising under a Public contract for the provision of heat supply services (personal account: 190001), as well as the costs incurred by the recoverer for the execution of an executive inscription in the amount of 6 095 tenge, as well as an additional amount of 510 tenge paid for sending a registered letter, where the total The amount to be recovered is 477,236 tenge. We disagree with the executive order on the following grounds: on March 11, 2019, the Judge of the Auezovsky District Court G. Almaty Abimurat G.M., having considered the application of the debtor's representative ..... O.F., by proxy Sarzhanov G.T., for the cancellation of the court order dated 06/01/2018, to recover the amount of debt from Danilchenko O.F., Determined - Court Order No. 7540-18-00-2/3722, issued by the District court of the 2nd Auezovsky district of Almaty dated 06/01/2018 The debt for thermal energy in the amount of 2,796,013 tenge, penalties in the amount of 744,857 tenge, expenses for the payment of state duty in the amount of 53,113 tenge should be canceled from Danilchenko O.F., in favor of Almaty Thermal Networks LLP.

Objection to the repeated Notary's executive order  

Notary Satanov M.M., and the Recoverer should bear in mind that they had previously sent to ...... O.F., executive inscription No. 5480 dated 10/25/2019, where, after objecting to the executive inscription, it was subsequently cancelled by Notary Satanov M.M. On 11/26/2019. At the moment, we are not in force to understand the action of the Recoverer, since we have already been repeatedly sent an executive order for the same dispute with changed amounts for recovery. The question arises: “Why doesn't the Claimant go to court?” Also, the executive inscription does not contain any information about legal relations with Almaty Thermal Networks LLP, of which O.F. Danilchenko owed debts to the recoverer, and did not enter into any civil relations with Almaty Thermal Networks LLP. In accordance with paragraph 2 of art. 92-1 of the Law of the Republic of Kazakhstan "On Notaries" (hereinafter referred to as the Law), on the basis of an executive inscription or a corresponding resolution, debt is collected for the following indisputable requirements for the performance of an obligation based on a written transaction, the due date of which has come and the default of the obligation is recognized by the debtor, including in response to a claim sent to the recoverer in the pre–trial settlement of the dispute. In this case, the Claimant's claim is not indisputable, since they do not agree with the established amount of debt. I also did not receive a Pre-trial claim, and I did not recognize the non-fulfillment of the obligation. 152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved. By virtue of clause 1 of Article 382 of the Civil Code of the Republic of Kazakhstan, the terms of the contract are determined at the discretion of the parties, except in cases where the content of the relevant condition is prescribed by law. According to clause 1 of Article 383 of the Civil Code of the Republic of Kazakhstan, the contract must comply with the rules binding on the parties, established by law (mandatory norms) in force at the time of its conclusion.

Objection to the repeated Notary's executive order  

By virtue of clause 1 of Article 159 of the Civil Code, a transaction made without obtaining the necessary permission is void. From clauses 2 and 3 of Article 157-1 of the Civil Code, it follows that an invalid transaction does not entail legal consequences, except for those related to its invalidity. In case of invalidity of the transaction, each of the parties is obliged to return to the other everything received under the transaction. Due to the failure of Almaty Thermal Networks LLP to fulfill its obligations under the law, we have the opinion that the actions of Almaty Thermal Networks LLP are aimed at seizing property by deceiving and abusing the Applicant's trust. In accordance with clauses 2 of Articles 92-6 of the Law, the debtor has the right, within ten working days from the date of receipt of a copy of the executive inscription or the relevant resolution, to send objections to the stated claim in writing with notification to the notary who executed the executive inscription or issued the relevant resolution. According to paragraph 3 of Articles 92-6 of the Law, the debtor's objection must contain the reasons for disagreement with the stated claim. In accordance with paragraph 1 of Articles 92-8 of the Law, the notary issues a resolution on the cancellation of the executive inscription no later than three working days from the date of receipt of the objection. Copies of the resolution on the cancellation of the executive inscription are sent to the recoverer and the debtor no later than the next business day after its issuance. Based on the above, in accordance with paragraph 2 of Articles 92-6 of the Law of the Republic of Kazakhstan "On Notaries", the NOTARY WAS ASKED to: Cancel the Notary's executive inscription Satanov Maulen Manayuli for No. 13014313 dated 09/16/2013, on collecting the amount of debt from ...... O.F., in favor of Almaty Heating Networks LLP in the amount of 477,236 tenge. Subsequently, the Executive Order was immediately abolished and public justice was restored. 

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