Originally from Attachment of Assets

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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 dated 25 January 2017 (“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, which is set forth in Article 144 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 144 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. imposition of obligation to commit certain actions;

4. prohibition on other persons to transfer a given property or to commit certain actions in relation to that property;

5. suspension of disposal of the property - in the event the claim brought is about release of the attached property; and

6. suspension of enforcement of so called “execution list” (i.e. a court document required for enforcement of judgments) that is disputed by the plaintiff