Jurisdiction and jurisdiction is a type of legal proceedings in cases of debt restructuring, rehabilitation and bankruptcy of sole proprietors and legal entities
By virtue of the provisions of Part 1-1 of Article 27 of the CPC, the CMEC considers cases of restructuring financial organizations and organizations that are part of a banking conglomerate as a parent organization and are not financial organizations, in cases provided for by the laws of the Republic of Kazakhstan, cases of debt restructuring, rehabilitation and bankruptcy of individual entrepreneurs and legal entities, as well as their liquidation without initiating a procedure. bankruptcy.
In accordance with Article 355 of the CPC, paragraph 2 of Article 3 of the Law, cases of debt restructuring, rehabilitation and bankruptcy of individual entrepreneurs and legal entities, as well as their liquidation without initiating bankruptcy proceedings, are considered by the court according to the general rules provided for in this Code, with the specifics established by the Law "On Rehabilitation and Bankruptcy".
The same is the procedure for considering disputes on bringing officials (the debtor) to subsidiary responsibility.
In accordance with Part 8 of Article 35 of the CPC, cases on disputes arising within the framework of rehabilitation and bankruptcy procedures, including the recognition of transactions concluded by the debtor or a person authorized by him, as invalid, on the return of the debtor's property, on the recovery of receivables from claims of the bankrupt or rehabilitation manager, are considered by the same judge who issued the decision. a decision on the application of a rehabilitation procedure or on declaring the debtor bankrupt, with the exception of dispute cases, the jurisdiction of which is established by Article 31 of this Code.
Since decisions on declaring legal entities bankrupt were made by the judges of the Council of Economic and Social Council, they are subject to the jurisdiction of the same courts.
At the same time, legislative acts do not regulate the issue of jurisdiction of civil cases on declaring a debtor bankrupt and applying rehabilitation procedures.
By virtue of paragraph 2 of Article 39 of the Civil Code, the location of a legal entity is indicated in its constituent documents with a record of the full postal address.
According to Part 2 of Article 29 of the CPC, a claim against a legal entity is filed in court at the location of the legal entity according to the constituent documents and (or) the address entered in the National Register of Business Identification Numbers.
The provisions of subparagraph 11) of part 1 of Article 302, Articles 303-304 of the CPC provide that cases of debt restructuring, rehabilitation and bankruptcy of individual entrepreneurs and legal entities, as well as their liquidation without initiation of bankruptcy proceedings are considered in special proceedings.
As practice shows, cases of this category are considered by the courts in the order of special proceedings.
Applications are submitted at the location of the debtor, but there is no direct indication of this in the Law, and therefore an addendum should be made indicating that this category is being considered at the location of the debtor.
Disputes on claims of a bankrupt or rehabilitation manager for the recognition of transactions as invalid, the return of the debtor's property, the recovery of receivables, bringing to subsidiary liability, etc. are considered according to the rules of claim proceedings.
Summary of judicial practice in the application of legislation on rehabilitation and bankruptcy in cases considered by the courts for the period 2020-2021 and the 1st half of 2022.
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