To the Specialized Interdistrict Administrative Court Clarification and addition to the administrative claim
Attention!
The Law and Law Law Firm 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 a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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.
Clarification and addition to the administrative 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.
The Recoverer's claim to pay the full balance of the outstanding amount in accordance with the court's decision is currently not possible.
The plaintiff filed a cassation motion in this case. The debtor intends to fulfill its obligations after making a final decision on the case.
On 24.02.2023, the CHSI issued a decree on foreclosure on the property of the Infinity vehicle with GRNZ 707 AAT 02 year of manufacture 2019.
On 24.02.2023, the CHSI issued resolutions on the seizure of movable property, on the transfer of seized property for the sale of the Infinity vehicle with GRNZ 707 AAT 02 year of manufacture 2019.
Currently, a private bailiff is carrying out all measures to prepare for the sale of this vehicle.
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.
By virtue of Article 55 of the Law on Enforcement Proceedings and the Status of Bailiffs of April 2, 2010, the debtor's property is subject to foreclosure in the amount and volume necessary for the execution of the enforcement document, taking into account the costs of execution and the costs of paying for the activities of a private bailiff.
According to Article 62 of the Law on Enforcement Proceedings and the Status of Bailiffs, in order to ensure the execution of the enforcement document, the bailiff is obliged to seize the debtor's property, including in cases provided for by law, with the approval of the prosecutor. In this case, the bailiff, in order to ensure the execution of the enforcement document, has the right to simultaneously seize all property belonging to the debtor, commensurate with the amount to be recovered.
On January 08, 2023, in accordance with Article 16 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs", we submitted an application for the removal of real estate from arrest to the CSI by e-mail. However, our demands were denied by the CSI.
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.
142 of the CPC RK, before the court is removed to make a decision, the plaintiff has the right to withdraw the claim in whole or in part, and the defendant has the right to recognize the claim in whole or in part by submitting a written application.
The plaintiff has the right to change the basis and subject of the claim, increase or decrease the amount of the claims by submitting a written application before the court is removed for a decision. The period of consideration of an administrative case is calculated from the date of the initial claim.
When changing the subject of the claim, the court considers the issues provided for in parts two and four of Article 138 of this Code, and also provides time for the defendant to prepare a new written response.
Based on the above and in accordance with Articles 132,142 of the Code of the Republic of Kazakhstan on "Administrative Procedural Code of the Republic of Kazakhstan",
I ask the Court:
To cancel the decision of the private bailiff S.D.Tursynbayevich.dated 02/24/2023 on the foreclosure of property, on the seizure of movable property, on the transfer of seized property;
To oblige the private bailiff S.D.T. to remove encumbrances on the real estate of the plaintiff E.J.
To assign to the private bailiff S.D.T. the duty to eliminate in full the violations of the plaintiff's rights.
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
