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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: 08.09.2021

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

Seizure of property is an encumbrance, namely restriction that is imposed not by your own will, but under the law. Seizure limits the ownership, use or disposal of your property. Seizure may be imposed by the court, bailiff, investigative/pretrial investigation authority and sometimes by Tax Committee of the Ministry of Finance (in cases of non-redemption of tax liabilities). An owner of seized property should ensure its safety. Transactions with the seized property can only be made when the seizure will be removed.

For instance, if you have a share in property (share in apartment, vehicle, etc.) then the seizure will be imposed only on your part. In this case, other property owners are also deprived of an opportunity to make transactions, i.e. it is impossible to sell or share such a property 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 Criminal Procedure Rules, value of the property which is subject to seizure to secure a civil claim made by a civil plaintiff or prosecutor cannot exceed the value of claim.

Seizure can not be imposed on property that is a prime necessity, as well as on the other subjects, list of which is determined by the legislation of the Republic of Kazakhstan.

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

It is not allowed to establish a temporary restriction on the disposal of property, restrictions on transactions and other operations with property, seizure of money in bank accounts and (or) electronic money in electronic wallets intended for the transfer of benefits and social benefits paid from the state budget and (or) the State Social Insurance Fund, housing payments, lump-sum pension payments from the Unified Accumulative Pension Fund in order to improve housing conditions and (or) pay for treatment, to the assets of the social health insurance fund in bank accounts, to money in bank accounts with housing construction savings banks in the form of housing construction savings, accumulated through the use of housing payments, for money in bank accounts in second-tier banks in the form of savings for the overhaul of the common property of the condominium object for money deposited on the terms of a notary's deposit, which are in bank accounts under an agreement on educational accumulative deposit, concluded in accordance with the Law of the Republic of Kazakhstan "On the State Educational Accumulation System", for the money of banks, insurance (reinsurance) organizations, voluntary accumulative pension funds, branches of non-resident banks of the Republic of Kazakhstan, branches of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan deprived of the license by an authorized government agency and (or) being in the process of compulsory liquidation (compulsory termination of activities), for the money on the current account of a private enforcement agent intended for storing the recovered amounts in favor of claimants.

Property not subject to forfeiture and seizure under court decision

The list of property not subject to forfeiture under court decision.

Forfeiture is not extended to the following property types and items owned by a convict and his/her dependents as a private property or that represent a common property interest:

1) the only accommodation of a convict and his/her dependents the area of which does not exceed standards set forth by the housing legislation for each family member;

2) land plots where a house and household outbuildings were constructed and land plots necessary for private activities are not subject to forfeiture;

3) to individuals whose main activity is agriculture and who own household buildings and livestock in quantity required for satisfaction of the family needs and also livestock feed;

4) seeds necessary for regular crop of agricultural crops;

5) 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 and presenting an art value;

- minimum required furniture for a convict and his/her family;

- baby stuff;

6) food products in a quantity necessary for a convict and his/her family until the next harvest, if the main activity of a convict is agriculture, and in other cases - food products and money for the total amount established by the Government of the Republic of Kazakhstan;

7) fuel intended for cooking and heating;

8) stocks (including manuals and books) needed to a convict to continue professional activities, except for cases when a convict is deprived of the right to perform certain activities by a court decision or when stocks were used by a convict to commit crimes;

9) vehicles specially designed for the disabled, technical auxiliary (compensatory) aids and special means of transportation;

10) international, state and other prizes awarded to a convict.

How to remove seizure of property

Certainly, the first and most important step to remove seizure is settlement of situation that caused it.

If seizure was imposed by a civil court, then pursuant to the Article 160 of the Criminal Procedure Rules of the Republic of Kazakhstan seizure ends when a decision enters into legal force on the refusal from a claim or when a claim is settled.

Seizure can be cancelled by a court which considered the case on its imposition based on the appeal of parties or on its own initiative. Note that an application cannot be submitted by parties who had no relation to the process.

To remove a seizure, one needs to submit a written application to the name of a judge who considered the case. Proves should be enclosed to an application certifying that a court decision was executed. It can be the Decree of a court bailiff on termination of execution proceedings in accordance with Article 47 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and Status of the Court Bailiffs".

The Court makes a decision to remove a seizure or may refuse to do this. Within 10 working days from the moment of decision-making, you can appeal the decision in an appeal body.

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

Seizure of property can be cancelled by a court bailiff after complete execution of the court ruling requirements, making payment for execution fee in the amount of 10% to the republic budget and payment for the activities of a private court bailiff.

There are two reasons why a court bailiff can impose a seizure on your property:

1) if a court ordered the seizure of property;

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

To remove a seizure in this case, you first need to repay a debt and notify a bailiff who imposed a seizure (see what is to be done if you can’t go abroad because of debts). After submission of decision to a government agency by a bailiff and registration of encumbrance termination, 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 a seizure will be removed after preliminary investigation, if a case is closed. If a case will be sent to a court, the decision on removal of seizure will be made at a court in the case of conviction or acquittal.

Note that as soon as you have completed all the procedures necessary for seizure removal, i.e. paid debts, executed a court order, etc. you should submit an application to a court or government agency (depending on the situation). Sometimes, during long processes or loss of interest by the parties or due to inattention, seizure can still remain valid even though the reasons for its imposure were removed.

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

Useful links:

Also look:

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

Property not subject to forfeiture and seizure under court decision

How to remove seizure of property

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