Private complaint against the court ruling on the jurisdiction of a civil case
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To the Court of Appeal for Civil Cases
cases of the Almaty City Court of Almaty,
050000 St. Kazybek Bi, 66. 0201@sud.kz
from the Debtor: xxxxxx AND IIN xxxxxxxx
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Represented by a representative of xxxxxxxxxxxx Almaty, 79 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz +7 700 978 57 55; 8 727 978 57 55.
Defendant: Private bailiff of the executive district of Almaty city
Ah, Baurzhanovich
License No. 1510 dated 10.10.2014
69A Satpayev str., office 305, Almaty, Republic of Kazakhstan
+7 702 ...........................
PRIVATE COMPLAINT
on the ruling of the Bostandyk District Court of Almaty dated 02/18/2021
On October 06, 2017, a private bailiff xxxxxxxxxxxxxx (hereinafter referred to as CSI), on the basis of a judicial act, initiated enforcement proceedings to recover the amount of debt in the amount of 40,715,019.72 tenge and a state duty of 1,215,497 tenge from Bortnovsky Settlement in favor of Bank RBK JSC. On October 01, 2018, District Court No. 2 of Almaly district of Almaty, chaired by Judge A.H., with the participation of a representative of the plaintiff, Bank RBK JSC (hereinafter referred to as the Recoverer), defendant xxxxxxxx P.G. (hereinafter referred to as the Debtor), he considered in open court the petitions of the parties for approval of the mediation agreement during the execution of the court decision in the civil case No. 7520-18-00-2/15538, - DETERMINED: The petition of the representative of the plaintiff and the defendant for approval of the mediation agreement at the stage of execution of the decision of the district court No. 2 Almalinsky district Almaty from August 24, 2018 in civil case on the claim of JSC "Bank RBK" to hhhhhhhhhhhhhh, with the participation of the private bailiff hhhhhhhhhhhhhh to foreclose on the mortgaged property, the Court Defined a Mediation agreement to satisfy.
Private complaint against the court ruling on the jurisdiction of a civil case
On September 23, 2020, P.G. appealed to a private bailiff to terminate the enforcement proceedings, as the Claimant did not take any action to terminate the enforcement proceedings. Enforcement proceedings in connection with debt repayment and in accordance with clauses 2-1, clause 2, Article 47 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs" (hereinafter referred to as the Law), enforcement proceedings were terminated due to the conclusion by the parties of an Agreement on the settlement of a dispute (conflict) through mediation. On the same day, the Bailiff issued a Resolution approving the amounts of payment for the activities of a private bailiff (hereinafter referred to as the Resolution), by which he approves the amount of payment for the activities of a private bailiff in the amount of 1,596,617 tenge. In accordance with Articles 75-78 of the Constitution of the Republic of Kazakhstan, everyone has the right to be heard in court; Courts do not have the right to apply laws and other regulatory legal acts that infringe on human and civil rights and freedoms enshrined in the Constitution. In this regard, on October 03, 2020, a complaint was filed with the Bostandyk District Court against the decision of a private bailiff to approve the amounts of payment for his activities, namely:
To recognize as illegal the actions of a private bailiff A.B., by issuing a Resolution dated 09/23/2020 approving the amounts of payment for the activities of a private bailiff in the amount of 1,596,617 tenge;
To assign to the private bailiff A.B., the duty to eliminate in full the violations of the rights of Debtors.
However, the Judge of the Bostandyk District Court of Almaty, GR,R.A., who entered into his proceedings, having considered the materials of the complaint of gr, P.G. to the private bailiff gr, A.B., on recognizing the illegal actions of the private bailiff gr,A.B., and assigning to the private bailiff gr A.B., the obligation to eliminate in full of the violations of the Debtors' rights, Determined: The complaint of xxxxxxxxxx P.G. against the actions of the private bailiff gr A.B., - to return. Motivating In accordance with paragraph 1 of Article 52 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the status of Bailiffs" (place of enforcement actions), the enforcement document is presented at the place of registration of an individual debtor or at his place of permanent residence or at his place of work with the implementation of enforcement actions at the place of presentation, as well as at the place of registration or location his property. In this case, the defendant's legal address is indicated in Almaty, Bostandyk district, 69A Satpayev St., office 305 and belongs to the jurisdiction of the Bostandyk District Court. Almaty.
Private complaint against the court ruling on the jurisdiction of a civil case
Agreeing with the ruling of the judge of the Bostandyk District Court of Almaty, Gr R.A., xxxxxxxx P.G., on October 13, 2020, the judge of the Almaly District Court of Almaty, gr K.Zh., who accepted the proceedings, addressed a similar statement to the Almaly district Court of Almaty and examined the complaint materials of xxxxxx P.G. to the private bailiff xxxx A.B., regarding the recognition of the illegal actions of the private bailiff xxxx A.B., and the assignment to the private bailiff xxxx A.B., the obligation to eliminate in full the violations of the rights of Debtors, Determined: - To return the complaint xxxxxxxxxx against the actions of the private bailiff of the executive district of Almaty gr,xxxxxx. Arguing that, by virtue of the requirements of art.250 of the CPC, a complaint against the actions (inaction) of a bailiff is filed with the district (city) court of the territorial area served by the bailiff or at the place of registration of a private bailiff. The complaint is filed at the place where the enforcement actions were performed if the territorial area served by the bailiff or the place of registration of a private bailiff are located in the same locality as the place where the enforcement actions were performed. In connection with the above, the court considers it necessary to return this complaint due to its lack of jurisdiction to District Court No. 2 of Almaly district of Almaty, the applicant is recommended to file this claim with the Bostandyk District Court of Almaty at the place of registration of the bailiff. After the ruling of the Almaly District Court No. 2 of Almaty dated October 21, 2020, on October 26, 2020, we filed a private complaint against the ruling of the Almaly District Court No. 2 of Almaty to the Appellate Judicial Board for Civil Cases of the Almaty City Court, where the Judicial Board for Civil Cases of the Almaty City Court, chaired by Judge xxxx B.Z., determined to leave the Ruling of the District Court No. 2 of Almaly district of Almaty dated October 21, 2020 unchanged. Accordingly, the Court of Appeal clarified that the civil case should be considered in the Bostandyk District Court of Almaty.
Private complaint against the court ruling on the jurisdiction of a civil case
Subsequently, we re-filed a complaint against the decision of a private bailiff to approve the amounts of payment for his activities to the Bostandyk District Court of Almaty, after which the judge of the Bostandyk District Court of Almaty, xxxxxx R.A., on February 18, 2021, as for the first time, issued a similar ruling: Complaint xxxxxx P.G. against the actions of a private bailiff. districts of Almaty xxxxxxxx A.B., - return it as it is not within the jurisdiction According to art . 15 of the Civil Procedure Code of the Republic of Kazakhstan, civil proceedings are conducted on the basis of competition and equality of the parties, which can be fully realized only if each of the persons involved in the case is given the opportunity to attend the court session.
Private complaint against the court ruling on the jurisdiction of a civil case
In addition, article 13 stipulates that justice in civil cases is conducted on the basis of equality before the law and the court. In this civil case, we observe a violation of the Constitutional rights of the Applicant, we believe that the adversarial nature and equality of the parties, equality before the law and the court, were violated. Dear Board of Appeal, we believe that the judge's arguments are untenable, since within the meaning of the first part of Article 250 of the CPC, it follows that a complaint against the actions (inaction) of the bailiff is filed with the district (city) court of the territorial area served by the bailiff. 68 of the Civil Procedure Code of the Republic of Kazakhstan, where each evidence is subject to assessment taking into account its relevance, admissibility, reliability, and all the evidence collected together is sufficient to resolve a civil case. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings. Based on the above, we believe that all the above-mentioned arguments of the Applicant should be evaluated by the Court and a decision should be made that must comply with the principles of good faith, reasonableness and fairness. According to paragraph 2 of Article 280 of the CPC of the Republic of Kazakhstan, a private complaint may be filed against a court ruling, and a petition may be submitted by the prosecutor to the court of appeal, whose decision is final.
Private complaint against the court ruling on the jurisdiction of a civil case
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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