Statement of claim for challenging the Specialized Interdistrict Administrative Court

 

 

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To the Specialized Interdistrict Administrative Court of Almaty  

050040, Almaty, Bostandyk district, Markova St. No. 34

+7 727 333-10-25; +7 775 709-32-45

727-0316@sud.kz

 

Plaintiff: E.J.

IIN .....

Representative by proxy:

Law and Law Law Firm

BIN 201240021767

79 Abylai Khan Ave., office 304, Almaty.

info@zakonpravo.kz / www.zakonpravo.kz

+ 7 727 971 78 58; +7 708 978 50 85.

Defendant: Private bailiff of Almaty, Sarybekov Dzhanibek Tursynbayevich.

050000, Republic of Kazakhstan, Almaty, Karasai Batyr str., 152/1 , Block C,5th floor

Phone: +77073313887.

dzhanibek2014@gmail.com

The requester: Rakhmanov Azamat

 

A challenge claim

 

In the proceedings of the private bailiff of Almaty, Sarybekov Dzhanibek Tursynbayevich (hereinafter – CHSI), there is an enforcement proceeding No.195/22-75-6635 dated 12/28/2022, on the recovery of the amount owed from E.Zh. (hereinafter referred to as the plaintiff) in favor of R.A..

By the decision of the Board for Civil Cases of the Almaty City Court dated November 23, 2022, the claims were satisfied for recovery from E.Zh. (Hereinafter referred to as the Debtor) in favor of R.A. (Hereinafter referred to as the Recoverer) the amount of debt in the amount of KZT 12,798,393 and state duty in the amount of KZT 10,561,745.

On April 12, 2023, by the Ruling of the Bostandyk District Court of Almaty, the application for postponement of the execution of the decision of the Bostandyk District Court of Almaty dated August 18, 2022 was satisfied pending consideration of the civil case by the Supreme Court of the Republic of Kazakhstan.

CHSI participated in the mentioned court sessions as a third party. However, despite this definition, ignoring this definition, on April 13, 2023, the CSI illegally seized an Infiniti vehicle from the GRNZ ... AAT 02 year of manufacture 2019 owned by E.Zh..

Thus, there is a direct interest in the outcome of the enforcement proceedings in the actions of the CSI, and we doubt the impartiality of the CSI.

According to Article 3 of the Law on Enforcement Proceedings and the Status of Bailiffs of April 2, 2010, enforcement proceedings are conducted on the principles of: legality; timeliness and transparency of enforcement actions and the application of enforcement measures; respect for human honor and dignity; inviolability of the minimum property necessary for the existence of the debtor and his family members; proportionality of the volume of the recoverer's claims and enforcement measures.

According to Article 54 of the Law "On Enforcement Proceedings and the Status of Bailiffs", a bailiff, an assistant to a private bailiff, an interpreter, a specialist cannot participate in enforcement proceedings and are subject to recusal if they are personally, directly or indirectly interested in the outcome of enforcement proceedings or there are other circumstances, in particular, family relations with the parties, with by their representatives, raising doubts about their impartiality.

If there are circumstances for recusal, the persons specified in paragraph 1 of this article are obliged to recuse themselves. The challenge must be motivated and stated in writing before the beginning of the enforcement actions. A challenge in the course of execution is allowed if there is a reason for it and it became known after the beginning of the execution of enforcement actions.

In accordance with art.48, part 1, paragraph 8 of the Law, the enforcement document, according to which the recovery was not carried out or was not carried out in full, is returned to the recoverer by order of the bailiff in the following cases where there are grounds for challenging a private bailiff specified in paragraph 1 of Article 54 of this Law.

Article 132 of the Code stipulates that if an onerous administrative act violates the rights, freedoms and legitimate interests of the plaintiff, he has the right to file a challenge claim demanding that the administrative act be revoked in full or in any part thereof.

According to article 156 of the Code, which states that if a claim challenging an onerous administrative act affecting the rights, freedoms and legitimate interests of the plaintiff is justified and the court recognizes its illegality, it cancels it in whole or in any part.

In case of recognition of the illegality of the burdensome administrative act, which has already been executed or is being executed at the time of the decision, the court has the right to force the defendant to cancel the execution and require actions to return the plaintiff to its original position within the time period specified in the decision.

According to paragraph 5 of Article 610 of the Tax Code of the Republic of Kazakhstan, the state duty on applications for special claims, applications (complaints) in cases of special proceedings, and administrative claims under the Administrative Procedural Code of the Republic of Kazakhstan is 0.5 MCI.

Based on the above and in accordance with Article 132 of the Code of the Republic of Kazakhstan on "Administrative Procedural Code of the Republic of Kazakhstan",

I ask the Court:

 

To recognize the actions of the private bailiff Sarybekov Dzhanibek Tursynbayevich on the seizure of movable property of the Infiniti brand vehicle with GRNZ 707 AAT 02 year of manufacture 2019 as belonging to . E.Zh.. - illegal;

To oblige the private bailiff Sarybekov Dzhanibek Tursynbayevich to return the movable property of the Infiniti brand vehicle with GRNZ ... AAT 02 year of manufacture 2019 owned by E.Zh..;

With respect

Representative by proxy:

_________/Nurlanov N.N.. "___"___________2023 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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