The Actions of a Bailiff in the Sale of Real Estate Were Declared Unlawful
By its judgment, the court granted the administrative claim filed by the LLP, declared unlawful the actions of the Private Bailiff (PB) in connection with the sale of real estate, as well as the issuance of a resolution ordering the seized property to be put up for sale. The court also declared unlawful the PB’s failure to provide access to the enforcement proceedings materials for review, declared the resolution ordering the seized property to be put up for sale unlawful, and annulled that resolution.
The court established that the PB had issued the resolution ordering the seized property to be put up for sale prematurely, without waiting for the expiry of the 10-day period, in violation of paragraph 5 of Article 10 of the Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs”. This procedural violation constituted grounds for setting aside the electronic auction.
In this regard, the court concluded that there had been material violations of the requirements of enforcement legislation and the rights of a party to the enforcement proceedings.
Pursuant to Article 270 of the Civil Procedure Code, private rulings of the court are binding. Equally important is the issue of the appropriate response by administrative bodies to private rulings issued by the court and their actual enforcement in order to prevent similar violations from occurring in the future.
Administrative bodies to which the relevant private rulings are addressed fail to take the necessary measures. Their responses indicate that they acknowledge the violations established by the court and claim to have taken measures to remedy them. However, such measures are merely formal in nature, or the authorities simply state that taking the relevant measures is not possible under the legislation of the Republic of Kazakhstan.
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