Private complaint against the ruling of the Inter-District Court for Civil Cases of Astana city
To the Judicial Board for Civil Cases of the Astana City Court
from the Debtor: From G A
IIN
Astana, Baikonur district, st. Zh. , 9, sq. 21.
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 708 971 78 58.
Private complaint
on the ruling of the Inter-District Court for Civil Cases of Astana dated November 09, 2023
On November 09, 2023, the Inter-District Court for Civil Affairs of Astana city, consisting of the presiding judge A B.B., having considered the submission of a private bailiff on foreclosure on the debtor's property, the Court determined that the submission of a private bailiff N. on foreclosure on the debtor's property should be satisfied.
The court found that the debtor does not have money and other assets, except for the mortgaged property, which can be foreclosed on.
To date, the debtor has not executed the judicial act that has entered into legal force, and has not performed any actions to comply with the requirements of the enforcement document, which violates the rights and legitimate interests of the recoverer.
However, Dear Board of Appeal, we consider the Definition illegal, and subject to cancellation in part on the following grounds:
The private bailiff attached an assessment report No. 2023-5/213 dated 10/13/2023 to the application, according to which the market value of the apartment was 20 455 000 tenge. However, in the Ruling, the court did not specify the initial sale price of the debtor's pledged property.
According to paragraph 3, Article 21 of the Law of the Republic of Kazakhstan "On Mortgage of Immovable Property", which stipulates that, when making decisions on foreclosure on immovable property mortgaged under a mortgage agreement, the court must determine and indicate in the decision:
1) all amounts payable to the mortgagee from the value of the pledged property, with the exception of the costs of protection and sale of immovable property, which are determined upon completion of its sale. For amounts calculated as a percentage, the amount for which remuneration is accrued, the amount of remuneration and the period for which they are due must be indicated.;
2) immovable property that is the subject of a mortgage, from the value of which the claims of the mortgagee are satisfied;
3) the initial sale price of the mortgaged real estate upon its sale;
4) measures to ensure the safety of immovable property until its sale, if necessary.
According to paragraph 4, art. 250-1 of the CPC RK, it is stipulated that a private complaint may be filed against a court ruling on foreclosure or refusal to foreclose on the debtor's immovable property, and a petition may be filed by the prosecutor.
On the basis of the above and in accordance with paragraph 4, art. 250-1 of the Civil Code of the Republic of Kazakhstan,
I ask the Court:
The ruling of the Interdistrict Court for Civil Cases of Astana dated November 09, 2023, should be amended.
In the Definition of the Interdistrict Court for Civil Cases of Astana dated November 09, 2023, specify the initial sale price of the mortgaged real estate of the debtor according to the assessment report No. 2023-5/213 dated 10/13/2023 in the amount of 20 455 000 tenge.
With respect,
Representative by proxy: Kenesbek I.M.
"____"__________2023 the year
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
