Time Limit for Appealing a Court Decision
Part 4 of Article 168 of the Administrative Procedural and Process-Related Code (APPC) provides that an appeal, as well as a prosecutor’s motion in administrative cases challenging the actions (or inaction) of bailiffs/enforcement officers, may be filed within ten working days from the date the decision is rendered.
The date of rendering the decision is considered to be the date on which the judicial act is announced.
Courts should explain to the parties the specific rules regarding appeal deadlines when clarifying the court decision.
In order to ensure the prompt resolution of disputes and prevent abuse of rights by debtors, it is предусмотрено that a court decision enters into legal force on the date the appellate court’s ruling is announced.
Pursuant to Paragraph 3 of Article 76 of the Constitution of the Republic of Kazakhstan, judicial acts that have entered into legal force are binding upon all state authorities, local self-government bodies, legal entities, officials, and citizens, and are subject to enforcement throughout the territory of the Republic of Kazakhstan.
The purpose of enforcement proceedings is to ensure the actual restoration of violated or disputed rights and legally protected interests.
Appealing the actions (or inaction) of a bailiff/enforcement officer constitutes a form of judicial control within enforcement proceedings, the purpose of which is to protect the rights and interests of the parties involved in enforcement proceedings.
Main Regulatory Legal Acts Governing Enforcement Proceedings
- Constitution of the Republic of Kazakhstan;
- Administrative Procedural and Process-Related Code (APPC);
- Civil Code (CC);
- Civil Procedure Code (CPC);
- Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Enforcement Officers”;
- Law of the Republic of Kazakhstan “On Valuation Activities in the Republic of Kazakhstan”;
- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 1 dated March 31, 2017, “On the Application by Courts of Certain Provisions of Legislation on Enforcement Proceedings”;
- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 12 dated December 19, 2003, “On Liability for Failure to Execute Judicial Acts”;
- Rules approved by Order No. 100 of the Minister of Justice of the Republic of Kazakhstan dated February 20, 2015;
- Resolution of the Government of the Republic of Kazakhstan No. 437 dated May 4, 2014, “On Approval of the Amounts of Remuneration for the Activities of Private Enforcement Officers”.
Abbreviations Used
- APPC – Administrative Procedural and Process-Related Code of the Republic of Kazakhstan;
- CPC – Civil Procedure Code of the Republic of Kazakhstan;
- CC – Civil Code of the Republic of Kazakhstan;
- Law on Enforcement Proceedings – Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Enforcement Officers”;
- SRSC – Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan;
- Rules – Rules for the Sale of Seized Property, Including Through Electronic Auctions;
- AIAS – Automated Information and Analytical System of the Judicial Authorities of the Republic of Kazakhstan “Torelik”;
- JCAD SC – Judicial Collegium for Administrative Cases of the Supreme Court of the Republic of Kazakhstan;
- JCAD or Collegium – Judicial Collegium for Administrative Cases;
- SMAC – Specialized Inter-District Administrative Court;
- DoJ – Department(s) of Justice;
- SEO – State Enforcement Officer(s);
- PEO – Private Enforcement Officer(s).
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