Originally from:
Attachment of Assets - Looseleaf
Attachment of Assets - Electronic
Preview Page
The Kyrgyz Republic
(Kyrgyzstan)
Attachment of Assets
1. What is the general nature and effect of judicial measures
available for plaintiffs to obtain provisional relief affecting
property of debtors to obtain security for judgments to be
obtained (“attachments”)? Freezing property in place? Placing
it in the custody of a third party, such as a court official, sheriff
or marshall?
The Civil Procedure Code of the Kyrgyz Republic ("Civil
Procedure Code") is a key law governing issues related to the
attachments. This Code clearly states that upon a motion of a person
participating in the court proceedings, a court may take measures to
secure a relevant claim. Such measures are available at any stage of
the proceedings, provided that the failure to take these measures may
ultimately complicate or prevent execution of an expected judgment.
The established practice indicates that a majority of plaintiffs tends to
file this motion together with the claim.
The list of judicial measures, set forth in Article 141 of the Civil
Procedure Code, is not exhaustive, and the court is entitled to take any
other measure that it considers as feasible in context of a given case.
Thus, one may argue that Article 141 outlines only basic measures that
may be taken to secure the claim. These measures include:
1. attachment of defendant’s property or financial assets in amount
not exceeding the size of the claim and associated litigation
expenditures;
2. prohibition to commit certain actions by the defendant;
3. prohibition on other persons to transfer a given property or to
commit certain actions in relation to that property;
4. suspension of disposal of the property - in the event the claim
brought is about release of the attached property; and
5. suspension of enforcement of so called “execution list” (i.e. a
court document required for enforcement of judgments) that is
disputed by the plaintiff.
Attachment of Assets - Looseleaf
Attachment of Assets - PDF
