On the recognition of the unlawful refusal to suspend enforcement proceedings and the imposition of the obligation to suspend enforcement proceedings

No. 6001-24-00-6ap/2607 dated March 04, 2025

Plaintiffs: I.

Defendant: HSI

The subject of the dispute is the recognition of the unlawful refusal to suspend enforcement proceedings and the imposition of the obligation to suspend enforcement proceedings.

Review of the defendant's cassation complaint PLOT:

By the decision of the city court of August 25, 2022, D.'s claim for eviction was satisfied, it was decided: to evict I. from the apartment in the city of K.

The executive documents on the eviction of I. are in the production of the CHSI.

On April 16, 2024, the representative of the debtors appealed to the CSI with

an application for suspension of eviction actions, until June 17, 2024, with the opportunity to voluntarily comply with the court decision, since he will be absent from the city due to a business trip from April 08 to June 16, 2024.

On the same day, the CSI refused to suspend enforcement proceedings to the debtor due to the lack of grounds provided for in article 42 of the Law.

The plaintiffs, disagreeing with the defendant's refusal, filed a lawsuit with

court.

Judicial acts:

1st instance: the claim is partially satisfied, declared illegal

CHSI's refusal to suspend enforcement proceedings, the court ordered CHSI to suspend enforcement proceedings, and the rest of the claim was denied.

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

Cassation: judicial acts are upheld.

Conclusions: according to sub-paragraphs 2), 3) of paragraph 1 of Article 148 of the Law, the CSI is obliged to perform executive actions in accordance with the requirements of this Law and other regulatory legal acts of the Republic of Kazakhstan regulating the activities of the bailiff, as well as faithfully perform their professional duties.

In accordance with subparagraph 11-1) of Article 42 of the Law, the bailiff is obliged to suspend enforcement proceedings in the event of the debtor's temporary absence for a period of more than one month (the debtor's stay in a medical institution, business trip, outside the locality, including in connection with military service in the Armed Forces, other troops and military formations of the Republic Kazakhstan) provided that enforcement proceedings cannot be carried out without his participation.

Guided by the above-mentioned provisions of the law, the local courts came to a reasonable conclusion about the satisfaction of the plaintiffs' claims, since the bailiff's obligation to suspend enforcement proceedings arises in the event of the debtor's temporary absence.

The local courts reasonably noted that the circumstances confirming the employment relationship and sending the employee on a business trip were confirmed by relevant documents, which were not refuted by the CSI in accordance with the established procedure.

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