In the Zhambyl regional court, at the "round table" they discussed the matters of debt collection under bank loan agreements

Judges and representatives of second-tier banks took part in the discussion of relevant issues.

Opening the meeting, the chairman of the Judicial division for Civil Cases, Zhomart Rustembekov, informed about the launch by the Supreme Court of a pilot project on the implementation of mediation for certain categories of disputes in civil proceedings, the tendency of an increase in the number of disputes arising from contractual legal relations.

Speaking, the judge of the regional court Gulmira Egemberdieva noted that in resolving disputes arising from bank loan agreements, courts should carefully examine the terms of the bank loan agreement, which must comply with the rules binding on the parties established by law (mandatory rules) in force at the time of its conclusion. In establishing the responsibility of the parties, courts should take into account that the Law "On Banks in the Republic of Kazakhstan" provides not only measures applied to the insolvent borrower, but also measures to protect him, depending on the purposes of granting a bank loan.

The judge of the regional court Dinara Nurlybayeva noted in her report that the bank disputes are included in the category of cases, which are covered by the provisions of the pilot project for the implementation of pre-trial settlement of disputes (conflicts). "Settlement of disputes in order of mediation allows saving time, minimizing the plaintiff's expenses for court expenses, which are subject to return. This provision is a kind of mechanism aimed at resolving the dispute before the court, in which the parties will be interested, "she said.

The participants of the "round table" discussed the jurisprudence on disputes on recovery of debts under bank loan agreements, foreclosure on mortgaged property and in indisputable order for money, etc.

At the end of the meeting the participants of the round table developed joint recommendations on the development of reconciliatory procedures in the framework of the implementation of the pilot project on bank disputes regarding the fact that when drawing up bank loan agreements, the parties can provide for the settlement of disputes through negotiations, the application of the institutions for the amicable settlement of disputes (mediation, ombudsmen, participatory procedure and other conciliation procedures); in an alternative way (arbitration), instructions in the contract to apply to the court after the preliminary submission of the legal claim to the other party and the failure of the party to fulfill the obligation, or leave the legal claim unanswered within the period established by the author.