Administrative claim for actions (inaction) The State bailiff and the Bank on the encumbrance of the settlement account for receiving wages
To the Specialized Interdistrict Administrative Court of Almaty
85 Karasai Batyr Street, Almaly district, 050040, Almaty.
+7 727 333-10-25; +7 775 709-32-45
727-0316@sud.kz
From the plaintiff: S. E. Since 08/25/1993, born in: …
residing at: Almaty city, Al-Farabi ..., building 7, sq.m...
Representative by proxy:
lawyer Sarzhanov Galymzhan Turlybekovich
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 708 578 5758.
The defendants:
State Bailiff
Branch of the Department of Justice of Almaty city
Ministry of Justice of the Republic of Kazakhstan "Territorial Department for
recovery of amounts from individuals and legal entities"
Ihteleu Ainur Ihteleukizi
Republic of Kazakhstan 050004, Almaty, Zenkova 47
Halyk Bank of Kazakhstan JSC
Almaty, Bostandyk district, 050046/A05G6A4, Rozybakieva Street, 101.
40 Al-Farabi Ave., Almaty.
Administrative claim
on actions (inaction) The State bailiff and JSC "People's Bank of Kazakhstan" on encumbrance of the settlement account for receiving wages
On November 26, 2024, the Judge of the Bostandyk District Court of Almaty, Tursymbaeva R.A., having considered gr. case No.7514-24-00-2/29881 on the claim of Grydunov O. A. to S. E. S., S.P. K. on recognition of the car purchase agreement, bringing the parties to their original position, collecting the amount, the Court Determined - The plaintiff's petition for securing the claim – satisfy. To seize the movable and immovable property of the defendants S. E. S. (IIN.), S. P. K. (IIN ..) (hereinafter referred to as the Defendants) in whatever form it is expressed, wherever it is located, within the amount of the claim 24,900,000 tenge, with the exception of property provided for in paragraph 1 of Article 156 of the Civil Procedure Code of the Republic of Kazakhstan.
On 12/06/2024, the State Bailiff Ihteleu Ainur Ihteleukyzy (hereinafter referred to as the GSI), having considered art. 9, paragraph 1, paragraphs 4-1 of the court Ruling on securing a claim or canceling a claim for seizure of movable and immovable property of the defendants, in whatever form it is expressed, wherever it is, within the amount of the claim 24,900,000 tenge, with the exception of the property provided for in paragraph 1 of Article 156 of the CPC RK Decided: Initiate enforcement proceedings; Assign Enforcement proceedings no.1486/24-75-19 .
On 11.12.2024, the State Tax Service of the Republic of Kazakhstan A.I., adopted a resolution on requesting information on bank account numbers and the availability of money in them, information on the nature and value of property held in banks, organizations engaged in certain types of banking operations, as well as in insurance organizations, and seizing them.
In the decision, the ICG specifically notes to seize the movable and immovable property of the defendants, with the exception of the property provided for in paragraph 1 of Article 156 of the Civil Procedure Code of the Republic of Kazakhstan.
Subparagraph 1, paragraph 1 of Article 156 of the CPC RK stipulates that "Measures to secure a claim may be: seizure of property belonging to the defendant and held by him or other persons, with the exception of seizure of money held in bank accounts that receive salary amounts.
Thus, on December 22, 2024, Halyk Bank of Kazakhstan JSC, on the basis of the GSI Resolution dated 12/11/2024 on requesting information about bank account numbers and the availability of money in them, information about the nature and value of property held in banks, organizations engaged in certain types of banking operations, as well as in insurance organizations, and seizure on them. She seized all of the Plaintiff's accounts held by Halyk Bank of Kazakhstan JSC.
JSC Halyk Bank of Kazakhstan, having been notified by a Resolution from the State Tax Service of Kazakhstan not to seize the money in bank accounts that receive salary amounts in accordance with paragraphs 1, paragraph 1 of Article 156 of the CPC of the Republic of Kazakhstan and contrary to the specified provision of the article, imposed encumbrances on a specially opened account for receiving wages that are available in JSCPeople's Bank of Kazakhstan".
According to the Help / Anyktama No. 140801718551 dated 12/18/2024 issued by JSC "People's Bank of Kazakhstan" for the defendant S. E. S. there is an account number KZ............ opened on 06/24/2022, which receives salaries from T.... LLP.
In accordance with the Certificate No.0008051 dated 12/18/2024 issued by T. LLP, S.E. is indeed an employee of T. LLP since 08/06/2019 and holds the position of a Leading Contract Specialist.
The only source of income for the maintenance of the Defendants' family is the salary s. E. received from the above-mentioned settlement account, which was blocked by 100%.
In accordance with the requirements of Article 26 of the Constitution of the Republic of Kazakhstan, no one can be deprived of their property, except by a court decision.
Today, as noted above, Judge R.A. Tursymbaeva of the Bostandyk District Court of Almaty is reviewing civil case No. 7514-24-00-2/29881, which has not yet been decided.
According to the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated January 12, 2009 No. 2, on the adoption of interim measures in civil cases, it is stipulated that interim measures taken by the court should not lead the defendant, an individual or a legal entity or an individual entrepreneur, to bankruptcy, disruption of normal production activities, to violation of the legitimate rights and interests of others, facilitate raiding (illegal seizure of the defendant's property).
In accordance with paragraphs 1, paragraph 2, Article 32 of the ZRK On Enforcement Proceedings and the Status of Bailiffs, it is stipulated that when measures are taken to ensure the execution of enforcement documents, seizure of the debtor's property, including money and securities held by him or other individuals or legal entities (with the exception of seizure of money held in bank accounts that receive salary amounts).
In accordance with Article 131 of the CPC of the Republic of Kazakhstan, an administrative case is initiated in an administrative court on the basis of a claim.
Article 133 provides that, in a claim for coercion, the plaintiff may require the adoption of a favorable administrative act, the adoption of which was refused or not accepted due to the inaction of an administrative body or official. In such cases, there is no separate requirement to challenge the refusal. A claim for coercion may contain a requirement on the defendant's obligation not to accept an onerous administrative act.
According to article 107, a claim against several defendants may be filed at the location of one of the defendants. The choice between several courts, which, according to this article, have jurisdiction over the case, belongs to the plaintiff.
On the grounds of the above and guided by Articles 156 of the CPC RK, Articles 3, 32, 33 of the SAM On enforcement proceedings and the status of bailiffs and Article 131 of the CPC RK,
I ask you to,
· To force the defendants to remove the imposed encumbrance (Arrest) from the settlement account of KZ ... (KZT) in JSC "People's Bank of Kazakhstan" through which salaries are paid from the employer.
With respect,
The representative is a Lawyer by proxy:
___________/Sarzhanov Galymzhan Turlybekovich
"___"___________2024 G.
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