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The court issued a private ruling on the Violation of Article 10 of the Law

The court issued a private ruling on the Violation of Article 10 of the Law

The court issued a private ruling on the Violation of Article 10 of the Law

By a court decision, the administrative claim of CHSI LLP was satisfied, the actions of the CHSI on the sale of real estate were recognized as illegal, the decision on the transfer of seized property for sale was illegal, the inaction of the CHSI on non-recognition was recognized as illegal, the decision on the transfer of seized property for sale was recognized as illegal, and the decision was canceled.

The court found that the CSI issued a decision on the transfer of the seized property for sale prematurely, without waiting for the expiration of the 10–day period, in violation of the requirements of paragraph 5 of Article 10 of the Law "On Enforcement Proceedings and the Status of Bailiffs." The procedural violation was the basis for the cancellation of electronic trading.

In this regard, the court concluded that there were significant violations of the requirements of the norms of the enforcement legislation and the rights of the party to the enforcement proceedings.

 

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