Complaint to the Prosecutor's Office about the action of a Private bailiff
To the Prosecutor's Office of the city of Almaty
Republic of Kazakhstan, Almaty, 050059, Bostandyk district, Zheltoksan str., 189.
from: M.B.G. LLP
BEAN......
Almaty, 194 B. Street, 10th floor, office 1009
+7 705 …
Representative by proxy:
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.
Claim
on the action of a Private bailiff
On March 11, 2024, the judge of the specialized interdistrict Economic Court of Almaty, T.A.S., having considered the plaintiff's application for securing a claim in a civil case against the limited liability partnership "T.With a "request to the defendant, the limited Liability Company M.B.G.," for the recovery of the amount owed, the Court Determined that the plaintiff's request for securing the claim should be satisfied.
The court also stated in the ruling that, according to paragraphs 1, p. 1 art. 156 Measures to secure a claim may be: 1) seizure of property belonging to the defendant and held by him or other persons (with the exception of seizure of money held in the correspondent account of a bank, a branch of a non-resident bank of the Republic of Kazakhstan, and property subject to repo transactions concluded in in the trading systems of the organizers of trades by the open trading method, or by contributions to the guarantee or reserve funds of a clearing organization (central counterparty), margin contributions that are collateral for transactions, concluded in the trading systems of the organizers of the trades using the open bidding method and (or) with the participation of a central counterparty, as well as for money held in bank accounts that receive salary amounts).
Thus, on April 17, 2024, the only settlement account KZ286017131000025282 (KZT) in JSC Halyk Bank of Kazakhstan, through which employee salaries are paid and tax obligations of the legal entity M.B.G. LLP are transferred, was imposed by Tauekelov Kairat Tanirbergenovich, on the basis of a court ruling dated March 11, 2024." this is evidenced by the Statement of account for the period from 16-04-2023 to 17-04-2024.
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 the interim measures taken by the court 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, contribute to raiding (illegal seizure of the defendant's property).
M.B.G. 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.
However, despite all of our above-mentioned arguments and letters, requests to withdraw from the above-mentioned current account of the arrest categorically ignores, citing their arguments and arguments.
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 banks and organizations, performing certain types of banking operations, as well as insurance organizations).
Thus, there is a direct interest in the outcome of the enforcement proceedings in the actions of the CSI, and we doubt the impartiality of the CSI.
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 claims of the recoverer and enforcement measures.
According to the Constitutional Law of the Republic of Kazakhstan On the Prosecutor's Office, the Prosecutor's Office, on behalf of the State, exercises, within the limits and forms established by law, supreme supervision over the observance of legality in the territory of the Republic of Kazakhstan. By virtue of the Law, the Prosecutor's Office exercises supreme supervision (hereinafter referred to as supervision) over legality.
Based on the above and in accordance with the Constitutional Law of the Republic of Kazakhstan About the Prosecutor's Office,
I ask you to:
· To give a legal assessment of the actions/omissions of the Private bailiff of Almaty, Tauekelov Kairat Tanirbergenovich;
· In case of detection of a violation of the law in the actions of the Private bailiff of Almaty, Tauekelov Kairat Tanirbergenovich, assign to him the duties of eliminating the violated rights and bring to justice;
· To oblige the Private bailiff of Almaty, Tauekelov Kairat Tanirbergenovich, to remove encumbrances from the settlement account of a legal entity.
With respect,
_____________ / V.I.S.
"___"_____________2024 the year.
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