An administrative claim challenging the actions (inaction) of a private bailiff for the imposition of an arrest within the framework of interim measures
To a 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
Plaintiff: C. kz LLP
represented by Director D. O.F.
BEAN .
Almaty, Tole bi str., ......
8 (727) …….
Representative by proxy:
Lawyer Romanov Galymzhan Turlybekovich
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 578 5758; +7 727 971 78 58.
Defendant: To a private bailiff
executive district of Almaty Ryskali Yerzhan Imangaliuli
Almaty, Almaty, st. Zhibek zholy 64/47 office 700-5
+7 700 555 6007
Yerzhan_r@mail.ru
Administrative claim
on challenging the actions (inaction) of a private bailiff on the imposition of arrest under interim measures
On January 10, 2025, the judge of the specialized interdistrict economic Court for East Kazakhstan Region, N.S. Nursapinov, having considered the plaintiff's application for securing a claim in a civil case against I. plus LLP, appealed to the court with a claim against C LLP. kz" on debt collection and penalties totaling 2,504,698 and court costs in the amount of 325,611 tenge, the Court Determined that the plaintiff's motion to secure the claim should be satisfied.
Thus, on the basis of the court Ruling of January 10, 2025, enforcement proceedings were initiated on January 13, 2025, and subsequently encumbrances (Arrest) were imposed on the only settlement account KZ0 on January 17, 2025.....(KZT) in Halyk Bank of Kazakhstan JSC, through which employee salaries are paid and tax obligations of the Certa kz LLP legal entity are transferred, as evidenced by the Statement of Account for the period.
On the same day, 17.01.2025, we sent applications to the CHSI itself and asked to remove the imposed encumbrances (Arrest) from the only settlement account of KZ... (KZT) in JSC "People's Bank of Kazakhstan" through which employee salaries are paid and tax obligations of the legal entity "C... kz" LLP are transferred.
On January 20, 2025, we received a Resolution from the Private Bailiff of the executive district of Almaty, Ryskali Yerzhan Imangaliyly, to refuse to satisfy the application for lifting the arrest from the settlement account, in which it was decided to refuse to satisfy the application of Certa kz LLP BIN 150940020006 for lifting the arrest from account no. KZ0.... (KZT) in Halyk Bank of Kazakhstan JSC.
Dear court, we disagree with the arguments set out in the Resolution on the refusal to satisfy the application for the lifting of the arrest from the settlement account dated 20.01.2025, whereas:
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, and in accordance with Article 155 of the CPC, the plaintiff must indicate in the application specific arguments that failure to take interim measures may make it difficult or impossible to enforce the judicial act.
In addition, the interim measures taken by the CSI should not lead the defendant, a legal entity or an individual entrepreneur, to bankruptcy, disruption of normal production activities, violation of the legitimate rights and interests of others, or contribute to raiding (illegal seizure of the defendant's property).
Certa kz LLP is an operating organization that has contractual obligations with other legal entities and individuals, as well as obligations to pay salaries and transfer pension, social and other contributions. Accordingly, we consider the imposition of interim measures on the current account of a small business organization to be directly contrary to the concept of the President of the Republic of Kazakhstan on supporting small and medium-sized businesses.
In accordance with paragraph 1 of Article 32 of the Law, the bailiff is obliged to take measures to ensure the execution of enforcement documents. According to paragraph 2 of the specified article of the Law, measures to ensure the execution of enforcement documents are: seizure of the debtor's property, including money and securities ...; seizure of the debtor's property held by him or other individuals or legal entities; prohibition of the debtor from performing certain actions; prohibiting the debtor from using property belonging to him by right of ownership, including money, or instructing him to use it within the limits established by the bailiff, etc., however, the bailiff must be based on the principles of justice, reasonableness and expediency, making an assessment on the merits of the case.
Thus, I believe that the actions of the private bailiff were hasty and unjustified, since the debtor in no way evades the obligation since the trial is currently underway.
Based on the above, I believe that the actions of a Private Bailiff are unjustified, since being a respectable and responsible Certa kz LLP has never refused to fulfill its obligations and has always engaged in constructive negotiations verbally and in writing with all representatives.
In this regard, the Private bailiff had to find out all the above information before making an arrest and then make a decision in accordance with the principles of good faith, reasonableness and fairness.
Based on the above, I ask the Court to take into account that Certa kz LLP is an operating company and has obligations not only to the tax authorities but also to its employees and to make a decision in accordance with the principles of good faith, reasonableness and fairness.
The property belonging to the defendant means the types of property listed in Article 115 of the Civil Code of the Republic of Kazakhstan, which the defendant owns and uses by right of ownership or right of economic management. When considering a plaintiff's application for an interim measure such as the seizure of property, the court does not specify specific items or types of property and does not determine its value, which may be seized, even if the plaintiff in the application requests the seizure of specific items.
106 of the CPC of the Republic of Kazakhstan, Administrative cases are subject to consideration at the place where the administrative act was issued or at the location of the defendant.
In case of violation of the rights, freedoms and legitimate interests of the plaintiff by the burdensome administrative act, he has the right to file a challenge claim demanding to cancel the administrative act in full or in any part according to art. 132 of the CPC RK.
Based on paragraph 15 of Article 616 of the Tax Code of the Republic of Kazakhstan, "Individuals and legal entities are exempt from paying state fees in courts for filing applications to the court, as well as complaints about the actions of bailiffs."
Based on the above and guided by Articles 131, 132 of the CPC of the Republic of Kazakhstan, Article 33 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the status of Bailiffs",
I ask the Court:
· The decision of the private bailiff of the city of Almaty Ryskali Yerzhan Imangaliuli on the refusal to satisfy the application for the lifting of the arrest from the settlement account dated 20.01.2025 to be recognized as illegal;
· To force the private bailiff of Almaty Ryskali Yerzhan Imangaliuli to remove the imposed encumbrances from the settlement account of KZ.....(KZT) in JSC Halyk Bank of Kazakhstan, owned by the legal entity Certa kz LLP.
With respect,
The representative is a Lawyer by proxy:
"___"___________2025 G. ______________/Sarzhanov Galymzhan Turlybekovich
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