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 ).