Petition for suspension of the Regional Chamber of Civil Protection
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To the Medeu District Court of Almaty
Republic of Kazakhstan, Almaty,
__________, __________________.
Applicant: Private bailiff
Executive district of Almaty city
__________________________
IIN ________________________,
Republic of Kazakhstan, Almaty, ___________________________
tel.: +7 _________________, +7 778 _______________.
Representative by proxy:
Law Firm LLP
Law and Law"
BIN 190240029071
Almaty, Zhibek Zholy ave., 50,
office 202, Business center Block
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 708 578 5758
The defendant is the Regional Chamber of Private Judicial
performers of the city of Almaty.
city of Almaty, ____________________
phone: 8 727 ______________, _________, ______________.
A third party who does not declare independent
Requirements for the subject of the dispute:
Chairman of the Commission __________________________
Chief specialist of RP CHSI Almaty __________________________
Acting Head of the Department for organization of activities
CHSI of the Department of Justice of Almaty __________________________.
Members of the Disciplinary Commission Private judicial
performers of Almaty __________________________
The petition
on the suspension of the Regional fee of Private Bailiffs of Almaty city for the exclusion of a private bailiff from the Republican Chamber of Private Bailiffs __________________________
__ April 20__ to the Private Bailiff of the city of Almaty __________________________, ( The Chief Specialist of the Regional Chamber of Private Bailiffs of Almaty has arrived __________________________., Acting Head of the Department for the Organization of the activities of the Civil Registry Office of the Department of Justice Almaty __________________________, which, according to the Rules for Monitoring the activities of private bailiffs, approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated February __, 20__, No. ________, handed the Applicant a copy of the order to conduct an unscheduled inspection of the activities of a private bailiff, indicating the composition of the commission, the Chairman of the commission __________________________, Chief specialist of RP CHSI Almaty __________________________, Acting Head of the Department for the Organization of the activities of the Civil Registry Office of the Department of Justice Almaty __________________________ ( Further Commission). On this day, the Chairman of the Commission participated in an unscheduled inspection. __________________________, He did not participate, and formally expressed interest in the Acting Head of the Department for organizing the activities of the Civil Protection Service of the Almaty Department of Justice __________________________.
Petition for suspension of the Regional Chamber of Civil Protection
The commission that arrived with an unplanned inspection reported that the main purpose of the unplanned inspection was to instruct the Republican Chamber of Private Bailiffs to act on the emergency __________________________, as on the Call Center of the Republican Chamber of Private The bailiffs received an appeal about the Applicant's violation of territoriality. C Before and during the inspection, the commission did not provide charges other than the Order and unsubstantiated charges, whereas the Applicant repeatedly requested the provision of Audio, video recordings, or other information confirming a violation of the requirements of the Charter, the Code of Professional Honor, and the Law of Private Bailiffs. During the inspection, a member of the commission was the Chief Specialist of the Regional Chamber of Private Bailiffs of Almaty. __________________________., having selected ten enforcement proceedings, he took the selection with him after writing a receipt. Whereas according to Article 9. The Charter of the Republican Chamber of Private Bailiffs, approved by the Republican Congress of Private Bailiffs of the Republic of Kazakhstan on September 27, 2018, stipulates: The Chamber is not responsible for the obligations of its members, just as the members of the Chamber are not responsible for the obligations of the Chamber.
Accordingly, Article 23. The Charter stipulates that a Private bailiff performs his official duties on his own behalf and under his own responsibility. Hence, it follows that the Chief specialist of the Regional Chamber of Private Bailiffs of the city of Almaty __________________________ he abused his official powers, where he did not have the right to take the originals of the enforcement proceedings with him. In paragraph 3. of the Article 7. The Law on Enforcement Proceedings and the Status of Bailiffs stipulates: No one has the right to interfere in the official activities of a bailiff, except for persons directly authorized to do so by law. Unlawful interference in the activities of the bailiff entails liability established by the laws of the Republic of Kazakhstan. In Article 25. 1. The Prosecutor's Office, on behalf of the State, oversees the legality of enforcement proceedings and takes measures to identify and eliminate any violations of the rule of law. 2. Within the limits of his powers, the prosecutor has the right to demand and verify enforcement proceedings for a period of no more than three working days, including complaints and applications from the parties to the enforcement proceedings, and 4. The prosecutor has the right to withdraw an enforcement document from the proceedings of a private bailiff.
Petition for suspension of the Regional Chamber of Civil Protection
Also, Article 139. "Guarantees for the execution of enforcement documents" stipulates that 1. A private bailiff is impartial and independent in his activities and is guided by the Constitution of the Republic of Kazakhstan, this Law, and other laws regulating enforcement proceedings in the Republic of Kazakhstan.
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.
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