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Seizure of property: in what cases is it seized, how to remove it and what to do Printable version

Last update: 25.11.2020

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Seizure of property – is an unpleasant, but at the same time necessary measure considered by legislation of our country in certain situations. In this article you will find out in which cases seizure of property can be imposed, what does it involve and how to remove it.

Seizure of property is an encumbrance, exactly the restriction that is arisen not at your own will, but on the basis of law. Seizure limits the ownership, use or disposal of your property. In other words, seizure of property - is a ban on making of any transactions with the property. Seizure may be imposed by the court, bailiff, body of inquiry of preliminary investigation, and sometimes tax committee of the Ministry of Finance (in cases of non-redemption debts for tax). Owner of seized property to who it is handed for keeping must ensure its safety. Make transactions with seized property will be possible only when the seizure will be removed.

If for example you have a share for property (share for apartment, car, ect) then the seizure will be imposed only on your part. In this case, seizure deprives of the opportunity to make transactions with the property of other participants, it means that to sell or share this property is also impossible until the seizure will be removed.

What is not subject to seizure and how to dispute the decision of court on seizure of property

According to the article 161 of the Code value of the property which is subject to seizure to secure a civil claim made by a civil plaintiff or prosecutor cannot exceed the amount of claim.

The arrest can not be imposed on property that is a basic necessity, and on other subjectslist of which is determined by the legislation of the Republic of Kazakhstan.

Seizure may be imposed on a property of other persons if there are reasonable grounds to believe that it was obtained as a result of criminal actions of the suspect person or was intended for the use as an instrument of crime, or for financing of extremism, terrorism, organized group, illegal military formation of criminal community.

Property not subject to confiscation and seizure by court decision

Confiscation is not extended to property types and items necessary to convict person and his family (persons, depended on him) and belonging to him on the right of private property or his share in joint property:

Dwelling house, apartment or their individual parts, if the convict person and his family constantly reside there.
Land parcels which locate house and household buildings not subject to confiscation, and land parcels necessary for part-time farming management.
Persons, the main activity of who is agriculture,- household buildings and livestock in quantity required for satisfaction of his family wants and animal food.
Seeds necessary for regular crop of agricultural cultures.
Household furnishing , utensils, clothing.
clothes, shoes, underwear, bedding, kitchen and dining utensils that were used; fur and other valuable clothing, dining sets, subjects made of precious metals andhaving art treasures.
Furniture minimally necessary for the convict person and his family.
All children's subjects.
Food products in quantity necessary for the convict and his family until the next harvest, if the main convict person’s activity is agriculture, and in other cases - food products and money for the total amount established by the Government of the Republic of Kazakhstan.
Fuel for cooking and heating of family.
Inventory (including manuals and books) required for continuance of professional training of convict person, except cases when convicted by a court decision deprived of the right to do relevant activities or when inventory used by them to commit crimes.
Transportation specially designed for movement of disabled people.
International, state and other prizes by which the convict person was awarded.

How to remove seizure of property

Of course, the first and most important aspect to remove seizure is termination of situation, because of which it was imposed.

If custody was imposed by the court of civil affair, then the arrest in accordance with Article 160 the Code of Criminal Procedure of the Republic of Kazakhstan,ends when the decision enters into legal force the decision on the refusal of the claim or when the court decision is satisfied on the satisfaction of the claim.

Seizure can be removed by the same court which considered the case on its imposition, by the appeal of parties or by own initiative. One should note that the application cannot be submitted by outside parties who had no relation to the process.

It can be the Decree of the officer of justice in accordance with Article 47 of the Law of the Republic of Kazakhstan "On executive production and status of the officers of justice" on termination of executive production.

The Court makes a decision to remove a seizure or may refuse, but within 10 working days from the moment of decision making, you can appeal the decision in appellate instance.

Seizure will be removed as the court decision comes into force.

Custody of the property can be cancelled by the officer of justice after full execution of the court act requirements, after execution sanction payment amounted 10% to the republic budget, payment of private officer of justice activity.

There are two reasons by which the bailiff can impose a seizure on your property:

1) if the court ordered the seizure of property;

2) during the execution of court decision on the collection of money or property from the debtor.

To remove a seizure in such situation first of all you must repay the debt and notify the bailiff who imposed a seizure about it (see what to do if you can’t go abroad because of debts). After the bailiff will send the provision to the state body and termination of encumbrance will be registered, seizure will be removed.

If a seizure was imposed during criminal proceedings, i.e. by interrogation officer with the sanction of prosecutor or the court, then the seizurewill be removed after preliminary investigation, if the case is closed. If the case will be passed to the court, the decision on the removal of seizure will be made at the court in the case of conviction or acquittal.

Pay attention as soon as you have completed all necessary procedures on seizure removal: paid debts, executed injunction, ect. You must apply to the court or state body (depend on the situation) for removal of property seizure. More often in course of long processes or because of loss of parties interest to the court or due to inattention seizure can be steel imposed, however the reasons by which it was imposed are depleted. (You can check the availability of encumbrances on real estate here ).

Seizure of property: in what cases is it seized, how to remove it and what to do Printable version

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What is not subject to seizure and how to dispute the decision of court on seizure of property

Property not subject to confiscation and seizure by court decision

How to remove seizure of property

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