Private complaint against the court ruling on the refusal to lift the seizure of real estate apartments

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To the Board of Appeal for Civil and Administrative

cases of the Almaty City Court

Almaty, 050000, Kazybek Bi street, 66. 0201@sud.kz

from the Defendant: ....... Asel Bulatovna IIN ……

Almaty region, Karasai district, from......... St. ..........., D. 53.

Proxy representative: Law and Law Law Company LLP

BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.

info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758.

 

Private complaint

based on the court ruling of August 16, 2021  

On April 07, 2014, Judge of the Auezovsky District Court No. 2 in Almaty, Isaeva E.L., having considered the civil case No. 2-2551-14, the application of Eurasian Bank JSC for securing the claim, the Judge determined that the application of Eurasian Bank JSC for securing the claim should be satisfied. To seize the property belonging to the defendant, Tas Bulak LLP, Tas Bulak Mountain Hotel Branch 1 LLP, Tus Bulak Mountain Hotel Branch 2 LLP, Buchuchet – NAP Branch No. 1 LLP, Buchuchet – NAP Branch No. 2 LLP, Buchuchet – NAP Branch No.3", LLP "Buchuchet – NAP branch No. 4", LLP "Buchuchet – NAP branch No. 5", LLP "Buchuchet – NAP branch No. 6", LLP "Buchuchet – NAP branch No. 9", LLP "Buchuchet – NAP branch No. 10", LLP "Buchuchet – NAP branch No.11", Bukhuchet LLP – NAP department No. 12", to Akuov Zhanat Kairatovich, Akuov Talgat Zhaudovich, wherever it is located and in whatever form it is expressed, within the stated amount of claim in the amount of 27,815,684.41 tenge. As part of securing this claim, CHSI Nurgozhina A.U. seized an apartment located at the address: Almaty, Utegen Batyr str., 73 kv 183. On 05/29/2020, as part of the enforcement proceedings, CHSI Nurgozhina A.U. sold this property at electronic auctions. As a result of electronic bidding, the winner of the auction was .......... A.B.

Private complaint against the court ruling on the refusal to lift the seizure of real estate apartments

06/01/2020 ............ A.B. acquired a half-share in this property from CHSI Khibatov S.A. according to the contract of sale of the seized property. Currently ......... A.B. is considered the owner of this apartment, that is, he has the entire share of the apartment of 100%. For the removal of the above-mentioned property from arrest ........... A.B. appealed to court No. 2 of Almaly district of Almaty. On 11.03.2021, Judge of the district court No. 2 of Almaly district of Almaty, Dogalova A.B. identified the Statement of Claim ………… Assel Bulatovna to the Department of Justice of the city of Almaty, JSC "Eurasian Bank" on the release of immovable property from arrest – return, with attached documents. In the introductory part of this definition, the judge indicates the real estate about which the dispute arose, located on the territory of the Auezovsky district of Almaty. Claims against such property are filed in court at the location of these facilities. In this regard, this statement of claim is subject to consideration at the location of the non-residential premises. By virtue of the requirements of subparagraph 2) of part 1 of Article 152 of the CPC, the judge returns the statement of claim if: the case is not within the jurisdiction of this court. At the same time, the court considers it necessary to explain to the plaintiff about the need to file such a claim with the district court No. 2 of the Auezovsky district of Almaty. According to the response of the Almaty Department of Justice dated 03/29/2021, this apartment was seized on the basis of the ruling of the district court no.2 Auezovsky district of Almaty.

In this connection, A.B. Amanova appealed to the court No.2 Auezovsky district of Almaty. 08/16/2021 Judge of the district Court no .2 of the Auezovsky district of Almaty, Utepova A.B., having considered the application of Amanova A.B. for the cancellation of the claim, Determined - In the application .......... Assel Bulatovna on the cancellation of interim measures imposed by a court ruling dated April 07, 2014 in a civil case against Eurasian Bank JSC, Tas Bulak LLP, Tas Bulak Mountain Hotel Branch 1 LLP, Tasbulak Mountain Hotel Branch 2 LLP, Buchuchet-NAP Branch No. 1 LLP, "Buchuchet-NAP branch No.2" LLP, "Buchuchet-NAP branch No. 3" LLP, "Buchuchet-NAP branch No. 4" LLP, "Buchuchet-NAP branch No.5" LLP, "Buchuchet-NAP branch No. 6" LLP, "Buchuchet-NAP branch No. 7" LLP, "Buchuchet-NAP branch No. 8" LLP, "Buchuchet-NAP branch No. 9" LLP, "Buchuchet-NAP branch No. 10" LLP, LLP "Buchuchet-NAP branch No. 11", LLP "Buchuchet-NAP branch No. 12", Akuov Zhanat Kairatovich, Akuov Talgat Zhaudovich to refuse debt collection. In the introductory part of this resolution, it was stated that the court cancels the measures to secure the claim, which it itself imposed by a court ruling. After ........... A.B. A request was sent to the NGO "State Corporation Government for Citizens" in Almaty for the issuance of arrest warrants for the above-mentioned apartment. Later in A.B. Amanov's reply. She received a decree on the seizure of immovable property of the state bailiff of the Almalinsky district-No. 2 of the Department for the Execution of Judicial Acts of Almaty Kulatayeva B.B. dated 08.12.2010, a decree on the seizure of property of the bailiff of the Almalinsky District Department for the Execution of Judicial Acts of Almaty Nurgozhina A.U. dated 25.04.2014. (in this resolution, the basis for seizing property is the decision of the Auezovsky court), the decision on seizing the property of a private bailiff of the executive district of the Karaganda region of Karaganda Begaydarova A.E. dated 06/23/2021. Dear court, We completely disagree with the Ruling of Judge Utepova A.B. dated August 16, 2021, as it does not correspond to any morality and meaning of the law.

In this case, A.B. Amanova bought a share in an electronic auction and became the full-fledged owner of the above apartment. However, to date, the courts have returned applications and refused to cancel the interim measures imposed on the apartment. This violates the constitutional rights of A.B. Amanova. By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. 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. For the purpose of a comprehensive, complete and objective consideration of the said civil case, the court will be provided with evidence that may affect the content of the decision. The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law. According to art . 161 of the CPC RK, where a private complaint can be filed against rulings on the issues of securing a claim, a petition has been filed by the prosecutor to the court of appeal, whose decision is final. Based on the above and guided by art. 161 of the Civil Procedure Code of the Republic of Kazakhstan, I ask the court to cancel the court ruling of August 16, 2021 of the Auezovsky District Court No. 2 of Almaty judge Utepova A.B.

To remove the arrest on the real estate apartment located at the address: Almaty, Utegen Batyr str., 73 kv 183.

Sincerely, Representative by proxy: _________/ Nurlanov N.N.. "___"___________2021 G. 

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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