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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: 27.09.2019

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

 

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