Recovery of the amount owed in court | Refund of representation expenses for participation in court | Seizure to secure a claim

A civil law agreement was concluded between K.A.Z. and you, R.M., in accordance with Articles 150-152 (Form and terms of a written transaction) of the Civil Code of the Republic of Kazakhstan, pursuant to which:

K.A.Z. transferred funds in the amount of 10,000,000 (ten million) tenge to the Republic of Moldova for personal use on a reimbursable basis, as indicated by a corresponding receipt dated July 30, 2019.

RM has committed to return the funds received in the amount of 10,000,000 (ten million) tenge by August 12, 2019, as indicated in the receipt.

Thus, according to the receipt, RM has committed to repay the debt by August 12, 2019. However, you are currently not fulfilling your obligations (in accordance with paragraph 1 of art. 349 of the Civil Code of the Republic of Kazakhstan, a violation of an obligation is understood as its non–fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions determined by the content of the obligation) - improper Collection of the amount owed in court | Refund of representation expenses for participation in court | Seizure of enforcement of a claim), which is unacceptable according to art. 272 of the Civil Code of the Republic of Kazakhstan.

Recovery of the amount owed in court | Refund of representation expenses for participation in court | Seizure to secure a claim

In this regard, we have the impression that your actions are aimed at seizing funds through deception and abuse of trust. By your actions, you are causing real material harm to the citizen of Kazakhstan. In these circumstances, we require you to immediately repay the debt by August 26, 2019. If the debt is not repaid within the specified period, we reserve the right to apply to the court on this issue to recover the amount of the debt from you. As well as the recovery of the amount of material damage (losses and penalties according to art. 351 of the Civil Code of the Republic of Kazakhstan). On September 27, 2019, case No. 2-6734/2019Almaty District Court No.2 Auezovsky district of Almaty, under the chairmanship of Judge G.T. Imanserikova, having considered the civil case on the claim in a simplified (written) procedure: PLAINTIFF: K.A.Z. to RM on debt collection. Having studied the materials of the civil case and assessed the evidence in its entirety, the court comes to the following conclusion. According to Article 271 of the Civil Code of the Republic of Kazakhstan, obligations arise from a contract, injury or other grounds specified in Article 7 of the Civil Code of the Republic of Kazakhstan.

In accordance with Article 272 of the Civil Code of the Republic of Kazakhstan, the obligation must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law. According to Article 715 of the Civil Code of the Republic of Kazakhstan, under a loan agreement, one party transfers money to the other party, and the borrower undertakes to return the same amount to the lender in a timely manner. The court found that there was a contractual relationship between the plaintiff and the defendant for the provision of funds in debt, which were issued with a receipt. According to the receipt dated 07/30/2019, RM borrowed from the plaintiff an amount of 10,000,000 tenge for a period up to 08/12/2019. According to art.716 of the Civil Code of the Republic of Kazakhstan, a loan agreement is recognized as concluded in proper written form also if there is a bond, a borrower's receipt or other document certifying the transfer of a certain amount or a certain number of things by the lender. In accordance with art. 268 of the Civil Code of the Republic of Kazakhstan, when signing this receipt, Rysbayuly Murat had obligations to K.A.Z., which he did not fulfill within the time limits stipulated in the contract. In accordance with Article 717 of the Civil Code of the Republic of Kazakhstan, a loan agreement is considered concluded from the moment of transfer of money or things, unless otherwise provided by this Code or the agreement of the parties.

In accordance with article 272 of the Civil Code of the Republic of Kazakhstan, the obligation must be fulfilled properly in accordance with the terms of the obligation and the requirements of the legislation. Article 273 of the Civil Code of the Republic of Kazakhstan provides for the inadmissibility of unilateral refusal to fulfill an obligation. In accordance with Article 722 of the Civil Code of the Republic of Kazakhstan, the borrower is obliged to repay the loan item in accordance with the procedure and terms stipulated by the agreement. According to art . 349 Part 2 of the Civil Code of the Republic of Kazakhstan, the debtor is held liable for breach of an obligation at the request of the creditor, which in this case is fulfilled by the plaintiff.Recovery of the amount owed in court | Refund of representation expenses for participation in court | Seizure to secure a claim

Recovery of the amount owed in court | Refund of representation expenses for participation in court | Seizure to secure a claim

Consequently, the plaintiff's claims regarding the payment of the debt amount are justified and must be satisfied. According to art.15 of the CPC RK, the court is completely exempt from collecting evidence on its own initiative in order to establish the factual circumstances of the case. In accordance with paragraph 2 of art. 225 of the CPC RK, the court resolves the case within the limits of the plaintiff's claims. 109 of the CPC RK, the party in whose favor the decision was made, the court awards, on the other hand, all court costs incurred in the case. 113 of the CPC RK, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives). Guided by articles 223-226 of the Civil Procedure Code of the Republic of Kazakhstan, the court DECIDED to satisfy the claims.

To collect from the Republic of Moldova in favor of Kazakhstan the amount of debt in the amount of 10,000,000 tenge, the refund of the state duty in the amount of 100,000 tenge, the costs of paying for the assistance of a representative in the amount of 200,000 tenge, a total of 10,300,000 (ten million three hundred thousand) tenge. In addition, on August 29, 2019, the city of Almaty Judge of the District Court no.2 Auezovsky district of Almaty, Imanserikova G.T., when considering a civil case on the claim of K.A.Z. the court applied to the Republic of Moldova for debt collection, the Plaintiff filed a lawsuit against the defendant of the Republic of Moldova for debt collection in the amount of 10,000,000 tenge, state duty expenses in the amount of 100,000 tenge, representative expenses in the amount of 200,000 tenge. The plaintiff's representative petitioned the court to secure the claim by seizing the defendant's movable and immovable property within the limits of the stated claims, as well as all of the defendant's bank accounts. Having studied the case materials and the applicant's claims, the court comes to the following conclusion. At the request of the parties to the arbitration or arbitration proceedings participating in the case, the court, in accordance with Article 156 of the CPC RK, may take measures to secure the claim. Securing a claim is allowed in any situation where failure to take such measures may make it difficult or impossible to enforce a court decision. According to paragraph 12 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated January 12, 2009 No. 2 "On the adoption of interim measures in civil cases", the adoption of such an interim measure as the seizure of property belonging to the defendant is allowed in cases where the plaintiff has made claims arising from contractual, delicate or other property-related legal relations, the amounts to be recovered arrears in court proceedings | The return of representation expenses for participation in court | Seizure to ensure the satisfaction of the claim at the expense of the debtor's property.

Recovery of the amount owed in court | Refund of representation expenses for participation in court | Seizure to secure a claim

According to paragraph 13 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 2 dated 12.01.2009 "On the adoption of interim measures in civil cases", the court has the right to take several interim measures at the same time, if this will most effectively ensure the execution of the court's decision and the protection of the violated legitimate rights and interests of the plaintiff. Based on the nature of the property dispute that has arisen between the parties, the court considers that the plaintiff's request for measures to secure the claim is subject to partial satisfaction. Based on the above, guided by art. 156, 268, 269 OF THE CPC RK, the court DETERMINED: In order to secure the claim, to seize all movable and immovable property registered on the right of ownership, belonging to the Republic of Moldova, IIN....., including funds held in banks and other organizations engaged in certain types of operations wherever it is located and in whatever form, within the amount of claims in the amount of KZT 10,000,000 (ten million), (except for the seizure of money held in the bank's correspondent account and property subject to repo transactions, the methods of open bidding concluded in the trading systems of the organizers of the auction, as well as for the money held in bank accounts to which the salary amounts are received). The ruling is subject to immediate execution.

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