PRIVATE COMPLAINT to the Judicial Board for Civil Cases against the ruling of the Bostandyk District Court of Almaty
against the Ruling of the Bostandyk District Court of Almaty
To the Civil Cases Judicial Panelof the Almaty City Court
From the Defendant: YVM
IIN ....
Authorized Representative:
Law Firm “Zakon i Pravo”BIN 201240021767
79 Abay Avenue, Office 304,Almaty, Republic of Kazakhstan
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 971 78 58; +7 727 971 78 58
PRIVATE COMPLAINT
against the Ruling of the Bostandyk District Court of Almaty dated 9 September 2026
On 9 September 2026, the Bostandyk District Court of Almaty issued a ruling on taking measures to secure the claim, by which an attachment was imposed on movable and immovable property, as well as funds held in bank accounts with second-tier banks, belonging, inter alia, to Y V.M., up to the amount of the claims, namely KZT 54,291,200.
The Defendant disagrees with the said ruling and considers the interim measures imposed against her to be unfounded and subject to cancellation.
It follows from the statement of claim that the claims are based on Agreement No. 214 dated 2 March 2026. However, Y V.M. is not a party to the said agreement, did not sign the agreement, and did not receive any funds from the Plaintiff under the said agreement.
Thus, at this stage of the proceedings, there are no circumstances established by the court confirming that Y V.M. has any obligation to the Plaintiff in the amount claimed.
Pursuant to Article 155 of the Civil Procedure Code of the Republic of Kazakhstan (the “CPC of the RK”), interim measures may be taken where failure to take such measures may make it difficult or impossible to enforce the court's judgment.
Pursuant to paragraph 9 of Regulatory Resolution No. 2 of the Supreme Court of the Republic of Kazakhstan dated 12 January 2009 “On Taking Interim Measures in Civil Cases,” when deciding whether to take interim measures, the court must assess whether the grounds provided for by Article 155 of the CPC of the RK for applying such measures exist.
However, the contested ruling does not contain any specific circumstances indicating that Y V.M. is taking actions to conceal or dispose of property, transfer funds out of her accounts, or otherwise intends to evade enforcement of a future court judgment.
The court effectively justified the necessity of taking interim measures solely by reference to the amount of the claim, stating: “Taking into account the amount of the claim, the court considers it appropriate to grant the application for securing the claim.”
The amount of the claim itself does not establish the existence of a real threat that enforcement of a future court judgment may be rendered difficult or impossible.
Furthermore, the court failed to properly assess the proportionality of the interim measures specifically with respect to Y V.M. At the same time, Article 156 of the CPC of the RK expressly provides that interim measures must be proportionate to the claim asserted and must not violate the interests of third parties.
In the present case, an attachment was simultaneously imposed on Y V.M.’s movable and immovable property, as well as her funds, up to the full amount of the claims — KZT 54,291,200 — despite the fact that her liability under the obligations constituting the subject matter of the present dispute has not yet been established by the court.
Under these circumstances, the imposition of such substantial restrictions on Y V.M.’s property at the stage of consideration of the case is based on assumptions and does not contain sufficient justification for the existence of the grounds for securing the claim provided for by Article 155 of the CPC of the Republic of Kazakhstan.
Pursuant to Article 161 of the CPC of the Republic of Kazakhstan, a private complaint may be filed with the appellate court against rulings concerning interim measures.
Pursuant to Regulatory Resolution No. 2 of the Supreme Court of the Republic of Kazakhstan dated 12 January 2009 “On Taking Interim Measures in Civil Cases,” when deciding whether to take interim measures, the court must take into account the nature of the claim asserted, the circumstances of the particular case, and the existence of the grounds for securing the claim provided for by procedural law.
Based on the foregoing and pursuant to Article 161 of the CPC of the Republic of Kazakhstan,
I REQUEST THE COURT TO:
- Set aside the ruling of the Bostandyk District Court of Almaty dated 9 September 2026 in civil case No. 7514-26-00-2/25699.
Respectfully,
Authorized Representative:Kengesbek I.M.
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