Execution of the bailiff's decision on the seizure of movable property

No. 6001-23-00-6ap/484 dated September 8, 2023

Plaintiff: A.O.

Defendant: HSI AND.

The subject of the dispute: on the recognition of illegal actions for the issuance and execution of the decree on the seizure of movable property dated October 28, 2022.

Review of the plaintiff's cassation appeal.

PLOT: On April 29, 2022, the CSI initiated enforcement proceedings to recover from A.O. (hereinafter referred to as the debtor) in favor of T.M. debts in the amount of 28 million tenge and a state fee of 287 thousand tenge on the basis of a writ of execution dated April 26, 2022, issued by the district court.

As part of this enforcement proceeding, on October 28, 2022, a decree was issued on the seizure of movable property in the amount of four units.

Judicial acts:

1st instance: the claim is satisfied.

The actions of the CHSI on the issuance and execution of the decree on the seizure of movable property dated October 28, 2022, were recognized as illegal. The decree of the CHSI on the seizure of movable property dated October 28, 2022 was declared illegal and canceled.

Appeal: the court's decision is overturned, the claim is denied.

Cassation: the decision of the appeal is overturned, the court's decision is upheld.

Conclusions:

In substantiation of its conclusions, the court of first instance pointed out that the appealed decision was adopted in violation of the language of the enforcement proceedings, as well as a violation of the procedure for foreclosing on the debtor's property.

The appellate instance, disagreeing with the conclusions of the court of first instance, indicated that the contested actions of the CHSI were lawful, and measures to seize the debtor's movable property held by him or other individuals or legal entities were not subject to authorization.

At the same time, without entering into the discussion of the defendant's contested actions, the judicial board did not agree with the conclusions of the court of appeal on the legality of the contested actions of the Civil Protection Service due to their lack of mercy by the parties to the enforcement proceedings on the following grounds.

It was established that the decision of the district court of March 24, 2022, on the basis of which the executive document was issued, was issued in the official language, and the enforcement proceedings were conducted in Russian.

It follows from this that the contested decision of the CCI was adopted in violation of the language of the enforcement proceedings.

In such circumstances, the court of first instance came to the correct conclusion that the language of the enforcement proceedings had been violated. These actions of the Civil Protection Service violated the legally protected rights and interests of the parties to the enforcement proceedings in terms of the language of the enforcement proceedings and record keeping.

 

 

 

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