On the recognition of the unlawful actions of the bailiff to terminate enforcement proceedings, on the cancellation of the decision to terminate enforcement proceedings

No. 6001-24-00-6ap/1596 dated January 28, 2025

Plaintiff: N.A.

Respondent: GSI

The subject of the dispute: on the recognition of the unlawful actions of the bailiff to terminate enforcement proceedings, on the cancellation of the decision to terminate enforcement proceedings

Review of the plaintiff's cassation complaint PLOT:

By a court decision dated July 4, 2022, the claim was satisfied, and it was decided to oblige the LLP to conduct an investigation into the accident that occurred with the plaintiff, determining the degree of fault of the employer and employee.

In pursuance of this judicial act, a writ of execution was issued on the basis of which, on December 6, 2023, the bailiff initiated enforcement proceedings and a notice was sent to the LLP on the fulfillment of the requirement of the writ of execution by December 10, 2023.

On December 7, 2023, the LLP was granted: an act of additional investigation of an accident in pursuance of a court decision;

Addendum to the Industrial Accident Act (in form H-1) dated October 3, 1979, approved by the General Director of the LLP branch,

A document on amendments to the addendum to the accident act (in the form H-1) dated October 3, 1979, from which it follows that the addendum to the act was approved by the General Director of the LLP.

By the decision of the bailiff dated December 11, 2023, the enforcement proceedings were terminated in connection with the fulfillment of the requirements of the enforcement document.

Judicial acts:

1st instance: the claim was denied.

Appeal: the decision of the court of first instance remains unchanged.

Cassation: judicial acts are upheld.

Conclusions: the judicial board concluded that the refusal to satisfy the claim is lawful and justified, since the ICG correctly assessed the fact that the debtor provided him with relevant acts indicating the execution of the court decision, and lawfully terminated the enforcement proceedings as executed on this basis.

At the same time, it is rightfully noted that the bailiff is not authorized to give a legal assessment of the content of the acts submitted by LLP based on the results of the accident investigation.

The arguments presented in the cassation appeal of the plaintiff's representative were the subject of discussion by the lower courts, which gave a proper legal assessment, no new arguments worthy of attention were given, the disagreement of the party with the conclusions of the lower courts, consistent with the law and the objective circumstances of the case, is not a reason for the cancellation or amendment of the contested judicial acts.

The courts of the first and appellate instances established the circumstances of the case correctly, the norms of substantive and procedural law were applied correctly, and the collegium did not find any legal grounds for revoking the contested judicial acts.

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