Seizure of property: in what cases is it seized, how to remove it and what to do Printable versionLast update: 24.03.2023
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
Pursuant to Article 161 of the Criminal Procedure Code of the Republic of Kazakhstan, the value of property that is seized to secure a civil claim filed by a civil plaintiff or prosecutor cannot exceed the price of a claim.
An arrest cannot be imposed on property such as essentials, and on other items, the list of which is determined by the legislation of the Republic of Kazakhstan.
An arrest may be imposed on property held by other persons if there are sufficient grounds to believe that it was obtained as a result of criminal actions of a suspect, an accused, or was used or intended to be used as an instrument or means of a criminal offense, or to finance extremism, terrorism, an organized group, an illegal military formation, or a criminal community.
It is not allowed to establish temporary restrictions on disposal of property, restrictions on the transactions and other operations with property, seizure of money held in bank accounts and (or) electronic money stored on electronic wallets, electronic money intended for 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 Pension Savings Fund to improve housing conditions and (or) of payment on the money held in bank accounts in the housing construction savings bank obtained in the form of grants earmarked to pay for rented accommodation in the private housing stock to the assets of the Social Medical Insurance Fund on bank accounts, money held in bank accounts in the housing construction savings banks in the form of housing construction savings gained through the use of housing payments on money held in bank accounts in banks of the second level in the form of savings on capital repairs of common property of the condominium object, except for penalties on the basis of court decisions in cases of failure to fulfill obligations under the contracts concluded to undertake a major overhaul of the common property of the condominium object, on the money deposited to the conditions of the notary's deposit in the bank accounts under the treaty on educational savings deposit made in accordance with the Law of the Republic of Kazakhstan "On State Educational Accumulative System", on the money of banks, insurance (re-insurance) organizations, voluntary pension funds, banks, non-residents of the Republic of Kazakhstan, branches of the insurance (re-insurance) organizations-non-residents of the Republic of Kazakhstan deprived by an authorized government agency of a license and (or) process of forced liquidation (involuntary termination), money held in a current account of a private enforcement agent, is intended for storage of recovered amounts in favour of the claimants, on the money held in bank accounts for accounting of money clients managing the investment portfolio, outstanding commitments given to managing the investment portfolio, money held in bank accounts for accounting of client money the person exercising the functions of the nominee, outstanding commitments of the person exercising the functions of a nominee holder, money held in Bank accounts, for clearing activities on deals in financial instruments and money in a bank account of a single operator in the sphere of public procurement, designed to make potential suppliers or providers of money as security measures in the framework of participation in public procurement in accordance with the Law of the Republic of Kazakhstan "On Public Procurement", on money held in a current account for depositing money in the procedure of bankruptcy in accordance with the Law of the Republic of Kazakhstan "On Solvency Recovery and Bankruptcy of Citizens of the Republic of Kazakhstan".
The above provision does not apply to restrictions imposed by an authorized body in the field of enforcement and its territorial bodies on the suspension of expenditure transactions on the specified current account intended for storing the recovered amounts in favor of the recoverers, a private bailiff whose license has been suspended or terminated or who has been deprived of a license.
The list of property not subject to confiscation under a court verdict
The following types of property and items necessary for a convict and persons dependent on him/her, belonging to him/her on the right of private ownership or being his/her share in common ownership, are not subject to confiscation:
1) the only housing of a convict and his/her family, the area of which does not exceed the standards established by housing legislation for each family member;
2) land plots on which a house and household outbuildings are located that are not subject to confiscation, as well as land plots used for personal subsidiary farming;
3) from individuals whose main occupation is agriculture, farm buildings and livestock in the amount necessary to meet the needs of a family, as well as livestock feed;
4) seeds needed for the next sowing of agricultural crops;
5) household items, utensils, clothes:
- clothes, shoes, linen, bedding, kitchen and dining utensils that are in use. Fur and other valuable clothing, table sets, items made of precious metals, as well as items of artistic value may be confiscated;
- minimum set of furniture needed by a convict and his/her family members;
- all children stuff;
6) food in the amount necessary for a convict and his/her family until a new harvest, if the main occupation of a convict is agriculture, and in other cases, food and money for a total amount in the amount established by the Government of the Republic of Kazakhstan;
7) fuel intended for cooking and heating of a household;
8) items (including manuals and books) needed by a convict to carry on with professional activities, except for cases when a convict is deprived of the right to engage in certain activities by a court verdict or when an item was used to commit a crime;
9) vehicles specially designed for the movement of the disabled, technical auxiliary (compensatory) means and special means of movement for people with disabilities;
10) international, state and other prizes awarded to a convict.
How to remove seizure of property