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Statement of Complaint about the inaction of the Inquirer Investigator

Statement of Complaint about the inaction of the Inquirer Investigator

Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.

To the Department of Internal Security of the Police Department of the Almaty region

To the Prosecutor's Office of Talgar district of Almaty region

from: ............... IIN .................. Almaty region,

Karasai district, village ................., St. .............., 98a building +7 700 ………………

Statement

14.06.20………….. private bailiff of the Executive district of the Almaty region ...................... (hereinafter referred to as the Bailiff), on the basis of a writ of execution issued by the Talgar District Court of the Almaty region for № .................... dated 15.11.2017, on collection from ................., IIN ................., ( next– the Debtor) in favor of ...................... (hereinafter referred to as the Recoverer) of the amount owed in the amount of 8,480,000 (eight million four hundred and eighty thousand) tenge initiated enforcement proceedings № ................... Statement of Complaint about the inaction of the Inquirer Investigator, the debtor was repeatedly notified of the need to execute the court decision. The Bailiff also organized a visit to the Debtor's address several times. However, the debtor, without reasonable grounds, does not comply with the requirements of the court decision. In accordance with Part 1 of art. 430 of the Criminal Code of the Republic of Kazakhstan, failure to execute a sentence, court decision, or other judicial act or executive document that has entered into legal force for more than six months, as well as obstruction of their execution, is punishable by community service for up to eight hundred hours, or restriction of liberty for up to three years, or imprisonment for the same period. I would like to note that more than one year has passed since the initiation of enforcement proceedings.

According to the joint Order of the Minister of Justice of the Republic of Kazakhstan dated October 12, 2016 No. 867 and the Minister of Internal Affairs of the Republic of Kazakhstan dated October 13, 2016 No. 981 "On cooperation in sending, receiving and reviewing materials on bringing individuals and heads of legal entities to criminal responsibility for non-compliance with judicial acts and executive documents", it was ordered: to the heads of the Departments of Justice and Internal Affairs of the regions, the cities of Astana and Almaty, the chairmen of the Regional Chambers of private Bailiffs: close cooperation in the work on identifying and bringing to criminal responsibility persons who do not execute, as well as obstruct the execution of judicial acts and executive documents that have entered into legal force; preventing the unjustified return of materials by internal affairs bodies to bailiffs. On 16.05.2019, the Bailiff sent a statement to the head of the Talgar district Police Department Complaining about the inaction of the Investigator. ....................... for maliciously evading the execution of a judicial act.

Subsequently, the Bailiff's submission was registered with the ERDR for №...................... from 08/20/2019, the subsequent investigator of the Administrative Division of the Talgar district ......................., A pre-trial investigation has been launched on the grounds of an offense under Article 430 of the Criminal Code of the Republic of Kazakhstan. To date, it has been more than 3 months and on the part of the investigator ............................, No investigative actions were carried out except for unsubstantiated promises. By that time, the investigator had already informed about the termination of the pre-trial investigation, but refused to issue a resolution on the termination of the Criminal case.

According to Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, "Victim" and in the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated April 24, 1992 No. 2., it is stipulated: A victim is a person to whom moral, physical or property damage is caused by a socially dangerous act directly, regardless of whether the person who committed it has been established or prosecuted. the deed. In cases of unfinished criminal activity (preparation for a criminal offense, attempted criminal offense), a person is recognized as a victim if moral, physical or property damage is actually caused. An application is a complaint about the inaction of an Inquirer Investigator On the basis of the above and in accordance with Article 71 of the Code of Criminal Procedure of the Republic of Kazakhstan, the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated April 24, 1992 for No. 2.,

ask you:

1. To check for inaction of the investigator of the administrative division of the Talgar district ....................; 2. To oblige the investigator of the administrative division of the Talgar district ......................., in a case registered in the ERDR for №......................... from 08/20/2019, to carry out all investigative measures as provided for in the Criminal Procedure Code of the Republic of Kazakhstan, namely: To interrogate and recognize the victims in the gr case. ..................;  Interrogate and recognize the debtor as a suspect ..................., IIN ...........;  To make a confrontation between the victim gr. ........................ And a suspect ...........................; 3. To respond to the application within the time limits prescribed by law,

Yours sincerely,, ____________/ ............ "___" ________2019 the year.

According to Article 17 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and legal entities", Violation of the legislation of the Republic of Kazakhstan

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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