Making specific definitions
In accordance with part 1 of Article 270 of the CPC, when cases of violations of the rule of law are identified, the court has the right to issue and send a private ruling, and if violations are committed by government agencies, officials and civil servants, the court issues and sends a private ruling to relevant organizations, officials or other persons performing managerial functions, who are required to inform within one month about the measures they have taken.
The courts send private rulings in relation to the Civil Registry Office and the Civil Registry Office to the Republican Chamber of Frequent Bailiffs, the regional Chambers of Private Bailiffs, and the Ministry of Justice of the Republic of Kazakhstan to take appropriate response measures.
The practice of making private definitions for the analyzed category shows that courts make private definitions for violations established by court decisions.
At the same time, violations are evaluative in nature or cannot be assessed as gross violations by bailiffs.
A private definition as a response measure to violations identified during the consideration of an administrative case should not duplicate violations identified by a court decision.
When making private rulings against bailiffs, the following factors must be taken into account::
Systematic violations of the law by a bailiff in the framework of a single enforcement proceeding;
Significant legal consequences resulting from violations for the parties to enforcement proceedings;
Violation of the constitutional rights of citizens when performing executive actions.
ANALYSIS of the Supreme Court of the Republic of Kazakhstan on the judicial practice of considering administrative cases challenging decisions, actions (inaction) of bailiffs for the second half of 2021 and the first half of 2022.
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