Complaint about the late lifting of the arrest and inaction in relation to the debtor

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Prosecutor's Office of Nur-Sultan, Nur-Sultan,

Z05H0P3, Yesil district, Kabanbai Batyr Avenue, 31 +7 (7172) 71-24-67

from: .............. IIN 7.................6

Proxy representative: Law and Law Law Company LLP

BIN 190240029071 Represented by the representative of Kenesbek Islam Mukhameduly

IIN 970103300774 Almaty, 79/71 Abylai Khan Ave., office 304.

info@zakonpravo.kz / www.zakonpravo.kz + 7 727 971 78 58; +7 708 971 78 58.

Private bailiff: CHSI Nur-Sultan. Boranbayev Bauyrzhan Nurlanovich.

IIN 830510300104. Nur-Sultan, Republic ave., house 54, office 409.

boranbaev-chsi@mail.ru +7 776 167 49 07.  

Claim

the late lifting of the arrest and inaction in relation to the debtor

 In the proceedings of the CSI Boranbayeva B.N., there is an enforcement proceeding initiated on the basis of a court order issued by the court of the Zhetysu District Court of Almaty Ramazanova A.E., No. 7515-17-00-2/20 dated 02/07/2017, on the recovery of alimony from ............. IIN ............... ( Next, the Debtor), in favor of ................ for the maintenance of a minor child ................., in the amount of one quarter (1/4) of earnings. The debtor evades the execution of the requirement of the judicial act. According to the responses of the second-tier banks (hereinafter referred to as Banks) of the Republic of Kazakhstan, there are no funds available on the Debtor's bank accounts to repay the debt. No other liquid property has been found that can be foreclosed on. In accordance with Article 55 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs", if the debtor does not have sufficient sums of money to repay the debt, foreclosure is levied on other property belonging to the debtor. According to the report on the electronic data request that you discovered during the property status check, it was established that the debtor ............, IIN ............, the registered land plot is located at the address: Kostanay region with a cadastral number 12:282:093:........... On the basis of the above-mentioned articles, on 03.12.2020, we filed an application to B.N. Boranbaev for changing the method and procedure for executing a court decision by foreclosing on property, and the application also demanded that an administrative fine be imposed because the Debtor, by not executing the court decision, violates art. 669 of the Administrative Code of the Republic of Kazakhstan, where failure to comply with a court verdict, court decision, or other judicial act and executive document entails a fine for individuals in the amount of five monthly calculation indices or administrative arrest for up to five days, for officials, private notaries, private bailiffs, lawyers - in the amount of twenty monthly calculation indices or administrative arrest for up to five days, for small businesses or non-profit organizations - in the amount of thirty, for medium-sized businesses - in the amount of forty, for large business entities - in the amount of fifty monthly calculation indices. At the moment, more than a month has passed since sending the letter, and to this day we have not received a reasoned response from B.N. Boranbaev, which contradicts the Law "On the Procedure for Considering Appeals from Individuals and Legal Entities."

According to Article 8 of the Law of the Republic of Kazakhstan On the procedure for considering appeals from individuals and Legal entities, there are deadlines for applying. In this case, all legally established and reasonable deadlines have passed. Due to the violation of the above-mentioned article in the Code of the Republic of Kazakhstan on Administrative Offenses, art. 100, entails a fine for officials in the amount of ten monthly calculation indices. Also, B.N. Boranbayev is inactive in this enforcement proceeding. We are extremely outraged by the irresponsible actions of B.N. Boranbaev, who discredit the good name of private bailiffs. According to Article 10 of the Law "On the Procedure for Considering Appeals from Individuals and Legal Entities," where responses to appeals must be well-founded and motivated in the state language or the language of the appeal with reference to the legislation of the Republic of Kazakhstan, contain specific facts refuting or confirming the applicant's arguments, explaining their right to appeal the decision. Due to the violation of the above-mentioned article in the Code of the Republic of Kazakhstan on Administrative Offenses, art. 100, entails a fine for officials in the amount of ten monthly calculation indices. As the person exercising supreme supervision over the accurate and uniform application of laws and decrees of the President of the Republic of Kazakhstan, to assist in establishing justice on this issue. On the grounds of the above and guided by art. 10 of the Law On the Procedure for Considering Appeals from Individuals and Legal Entities, I ask you:

In accordance with Article 100 of the Administrative Code of the Republic of Kazakhstan, to bring B.N. Boranbaev to administrative responsibility for an untimely response to an appeal.;

To bring B.N. Boranbaev to disciplinary responsibility for non-fulfillment or improper performance of his official duties.;

To oblige CHSI Boranbaev B.N. to give an answer to our application for changing the method and procedure for executing a court decision by foreclosing on property;

To respond to the application within the time limits prescribed by law and provide an order on bringing responsible employees to disciplinary responsibility and or a corresponding document on bringing them to administrative responsibility.

 Sincerely, Proxy Representative                                                                                                                                                                                      __________/Kenesbek I.M. "__"________2021 According to Article 17 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and legal entities", Violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals from individuals and legal entities entails liability in accordance with the laws of the Republic of Kazakhstan.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. 

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