According to paragraph 139 of the Rules for the Liquidation of Banks, the Compulsory Termination of Activities of Branches of Non-Resident Banks of the Republic of Kazakhstan, and the Requirements for the Work of Liquidation Commissions of Banks under Compulsory Liquidation and Branches of Non-Resident Banks under Compulsory Termination, approved by Resolution No. 114 of the Management Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated November 30, 2020 (hereinafter – Rules No. 114), the recovery of accounts receivable through legal proceedings shall be carried out in accordance with the legislation of the Republic of Kazakhstan.
Accordingly, the liquidation commission files a lawsuit to recover the debt from a debtor of the liquidated bank due to the improper fulfillment of obligations under a bank loan agreement.
It should be noted that, pursuant to Part 5 of Article 7 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter – CPC), judicial decisions on civil cases may be reviewed and reconsidered only by the relevant courts in the manner prescribed by the CPC.
Part 2 of Article 21 of the CPC stipulates that judicial acts that have entered into legal force, as well as orders, demands, instructions, summons, inquiries, and other communications of courts and judges in the administration of justice, are binding for all state bodies, local self-government bodies, legal entities, officials, and citizens, and shall be executed throughout the territory of the Republic of Kazakhstan.
According to Article 22 of the CPC, judicial acts may be appealed in the manner prescribed by the CPC by the parties to the case, as well as by persons whose rights and obligations have been affected by the court decision.
In accordance with Part 5, paragraph 1, Article 1 of the Constitutional Law of the Republic of Kazakhstan “On the Judicial System and the Status of Judges of the Republic of Kazakhstan,” appeals, statements, and complaints subject to judicial review may not be considered or monitored by any other bodies, officials, or individuals.
In this regard, the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market is not authorized to interfere in matters that have been subject to judicial assessment.
At the same time, if, during the course of legal proceedings or enforcement procedures, a motion is filed for dispute resolution through conciliation procedures, the liquidation commission may consider the possibility of concluding a settlement agreement or an agreement to resolve the dispute (conflict) through mediation or participatory procedures (hereinafter – the agreement). The repayment period for the debt under such agreement shall not exceed:
30 months for individuals;
24 months for legal entities, with equal monthly payments.
The agreement must be concluded in compliance with the conditions set forth in Rules No. 114 and is subject to approval by the creditors’ committee of the bank. Once approved by the creditors’ committee, the agreement shall be submitted for court approval in accordance with the civil procedural legislation of the Republic of Kazakhstan (paragraph 141 of Rules No. 114).