of December 25, 2018 No. 1620
About approval of Standard forms of resolutions of the state legal executives
According to Item 6 of article 10 of the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives" PRIKAZYVAYU:
1. Approve Standard forms of resolutions of the state legal executives according to appendices 1-44 to this order.
2. Recognize invalid some orders of the Minister of Justice of the Republic of Kazakhstan according to the list according to appendix 45 to this order.
3. To provide to department on execution of court resolutions in the procedure established by the legislation:
1) state registration of this order;
2) within ten calendar days from the date of state registration of this order the direction it in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;
3) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.
4. To impose control on execution of this order on the supervising deputy minister of justice of the Republic of Kazakhstan.
5. This order becomes effective after ten calendar days after day of its first official publication.
Minister
M. Beketayev
to the Order of the Minister of Justice of the Republic of Kazakhstan of December 25, 2018 No. 1620
Form
Resolution on excitement of enforcement proceeding
"____" __________ 20 __ years _______________________________
(name of the city, area)
State legal executive ____________________________________
______________________________________________________________________________
(name of territorial department of department of justice, surname, name and middle name (in the presence) legal executive)
having considered ____________________________________________________________________,
(number, date and type of the executive document)
________ 20 which arrived ___________________________________ "____" ___ years,
(the name of court or body to which it is issued)
ESTABLISHED:
Executive document __________________________________________________
(the requirement of the executive document, this the claimant and the debtor (full name of the legal entity, for physical person - the surname, name, middle name (in the presence) corresponds the established Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives" (further - the Law) to requirements imposed to executive documents.
The term of presentation of the executive document did not expire.
Based on stated, being guided by item 4 of Article 37, the subitem 1) of Item 1 of article 126 of the Law,
DECIDED:
1. Initiate enforcement proceeding and appropriate No. ___ from "__" ___ 20 __ years.
2. Take measures for ensuring execution of the executive document.
3. Warn _______________________________________________________
(surname, name and middle name (in the presence) the debtor physical person, surname, name and middle name (in the presence) the head of the legal entity) about administrative or criminal liability for non-execution of the executive document by the direction of the notification.
4. About the made decision to report the parties of enforcement proceeding, their representatives.
5. Explain to the parties of enforcement proceeding that according to article 127 of the Law the decision and action (failure to act) of the legal executive for execution of the executive document or refusal in making of such actions can be appealed by the claimant or the debtor in court.
According to Article 250 of the Code of civil procedure of the Republic of Kazakhstan the claim moves in district (city) court of the territorial site served by the legal executive within ten working days from the date of action making (refusal in action making) or from the date of when the claimant or the debtor who is not informed on time and the place of making of action by the legal executive knew of it. The claim is submitted in the place of making of executive actions if the territorial site served by the legal executive is in one settlement with the place of making of executive actions.
The preliminary appeal to higher bodies and to the higher official according to the procedure of subordination does not interfere with submission of the claim in court.
State legal executive ____________________________________
(signature, surname and initials)
Locus sigilli
to the Order of the Minister of Justice of the Republic of Kazakhstan of December 25, 2018 No. 1620
Form
The resolution on refusal in excitement of enforcement proceeding
"____" __________ 20 __ years _______________________________
(name of the city, area)
State legal executive ______________________________________,
(name of territorial department of department of justice, surname, name and middle name (in the presence) legal executive)
having considered _____________________________________________________________________,
(number, date and type of the executive document)
_______________ 20 which arrived _____________________________ "____" ___ years,
(the name of court or body to which it is issued)
ESTABLISHED:
_______________________________________________________________________.
(the refusal basis in excitement of enforcement proceeding with reference to regulatory legal act)
Based on stated, being guided by Item 1 of Article 10, the subitem ___) Item 1 of Article 38, the subitem 1) of Item 1 of article 126 of the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives" (further - the Law),
DECIDED:
1. Refuse excitement of enforcement proceeding about _____________________
______________________________________________________________________________.
(the requirement of the executive document, this the claimant and the debtor (full name of the legal entity, for physical person - surname, name, middle name (in case of its availability)
2. To direct the copy of the resolution with appendix of all arrived documents
______________________________________________________________________________.
(surname, name and middle name (in the presence of physical person, the name of the legal entity, the address to which the executive document returns)
3. Explain that elimination of the circumstances provided by subitems 1), 2), 3), 4) and 6) of Item 1 of article 38 of the Law does not interfere with the repeated direction (presentation) of the executive document to the legal executive according to the procedure, established by this Law.
4. Explain to the parties of enforcement proceeding that according to article 127 of the Law the decision and action (failure to act) of the legal executive for execution of the executive document or refusal in making of such actions can be appealed by the claimant or the debtor in court.
According to Article 250 of the Code of civil procedure of the Republic of Kazakhstan the claim moves in district (city) court of the territorial site served by the legal executive within ten working days from the date of action making (refusal in action making) or from the date of when the claimant or the debtor who is not informed on time and the place of making of action by the legal executive knew of it. The claim is submitted in the place of making of executive actions if the territorial site served by the legal executive is in one settlement with the place of making of executive actions.
The preliminary appeal to higher bodies and to the higher official according to the procedure of subordination does not interfere with submission of the claim in court.
State legal executive _____________________________________
(signature, surname and initials)
Locus sigilli
to the Order of the Minister of Justice of the Republic of Kazakhstan of December 25, 2018 No. 1620
Form
The resolution on introduction of amendments to earlier issued decree
"____" __________ 20 __ years _______________________________
(name of the city, area)
State legal executive ______________________________________
_______________________________________________________________________________,
(name of territorial department of department of justice, surname, name and middle name (in the presence) legal executive)
having considered No. enforcement proceeding materials _______ from "__" _____ 20 __ years about
_______________________________________________________________________________,
(number, date and type of the executive document)
ESTABLISHED:
________________________________________________________________________________
(basis of modification)
Based on stated, being guided by Item 3 of Article 10, the subitem 1) of Item 1 of article 126 of the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives" (further - the Law),
DECIDED:
1. From "___" __________ 20 __ years to make the following changes to the resolution:
_______________________________________________________________________________.
2. About the made decision to report the parties of enforcement proceeding, their representatives.
3. Explain to the parties of enforcement proceeding that according to article 127 of the Law the decision and action (failure to act) of the legal executive for execution of the executive document or refusal in making of such actions can be appealed by the claimant or the debtor in court.
According to Article 250 of the Code of civil procedure of the Republic of Kazakhstan the claim moves in district (city) court of the territorial site served by the legal executive within ten working days from the date of action making (refusal in action making) or from the date of when the claimant or the debtor who is not informed on time and the place of making of action by the legal executive knew of it. The claim is submitted in the place of making of executive actions if the territorial site served by the legal executive is in one settlement with the place of making of executive actions.
The preliminary appeal to higher bodies and to the higher official according to the procedure of subordination does not interfere with submission of the claim in court.
State legal executive __________________________
(signature, surname and initials)
Locus sigilli
to the Order of the Minister of Justice of the Republic of Kazakhstan of December 25, 2018 No. 1620
Form
Resolution on cancellation of the resolution of the state legal executive
"____" __________ 20 __ years _______________________________
(name of the city, area)
The head of territorial department - the senior legal executive
_______________________________________________________________________________,
(name of territorial department of department of justice, surname, name and middle name (in the presence) senior legal executive)
_______ having considered ______________________________________________________________
(specify receipt date of correspondence,
_______________________________________________________________________________,
name of the addressee, essence of the address, act of public prosecutor's supervision, court resolution)
ESTABLISHED:
In production of the state legal executive _________________________
(surname, name and middle name (in the presence) legal executive)
is executive документ_______________________________________________
(the requirement of the executive document, this the claimant and the debtor (full name of the legal entity, for physical person surname, name, middle name (in case of its availability) ______________________________________________ from "__" __________ 20 __ years. _______________________________________________________________________________.
(the basis for cancellation of the resolution of the legal executive is specified)
Based on stated, being guided by item 4 of Article 10, the subitem 1) of Item 1 of article 126 of the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives" (further - the Law),
DECIDED:
1. Repeal the resolution from "__" ______ 20 __ years about ____________________________,
(the name of the repealed resolution)
No. which is taken out on enforcement proceeding __ from "__" ____ 20 __ years.
2. About the made decision to report the parties of enforcement proceeding, their representatives.
3. Explain to the parties of enforcement proceeding that according to article 127 of the Law the decision and action (failure to act) of the legal executive for execution of the executive document or refusal in making of such actions can be appealed by the claimant or the debtor in court.
According to Article 250 of the Code of civil procedure of the Republic of Kazakhstan the claim moves in district (city) court of the territorial site served by the legal executive within ten working days from the date of action making (refusal in action making) or from the date of when the claimant or the debtor who is not informed on time and the place of making of action by the legal executive knew of it. The claim is submitted in the place of making of executive actions if the territorial site served by the legal executive is in one settlement with the place of making of executive actions.
The preliminary appeal to higher bodies and to the higher official according to the procedure of subordination does not interfere with submission of the claim in court.
The head of territorial department - the senior legal executive
____________________________________ ____________________________
(name of territorial authority) (signature, surname and initials)
Locus sigilli
to the Order of the Minister of Justice of the Republic of Kazakhstan of December 25, 2018 No. 1620
Form
Resolution on participation of the translator in enforcement proceeding
"____" __________ 20 __ years _______________________________
(name of the city, area)
State legal executive ______________________________________
_______________________________________________________________________________,
(name of territorial department of department of justice, surname, name and middle name (in the presence) legal executive)
having considered No. enforcement proceeding materials __ from "__" _______ 20 __ years about
________________________________________________________________________________
(number, date and type of the executive document)
ESTABLISHED:
Party(Parties) of enforcement proceeding ______________________________
(surname, name and middle name (in the presence), IIN of physical person, the name of the legal entity, BIN) declared (also) need of participation in enforcement proceeding of the translator.
Being guided by Item 1 of Article 10, Article 22, the subitem 1) of Item 1 of article 126 of the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives" (further - the Law),
DECIDED:
1. Appoint the translator ___________________________________________________.
(surname, name and middle name (in the presence) physical person)
2. Warn the translator ________________________________________________
(surname and initials) about responsibility for obviously incorrect translation according to the laws of the Republic of Kazakhstan ________________________________.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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The document ceased to be valid since April 24, 2019 according to Item 2 of the Order of the Minister of Justice of the Republic of Kazakhstan of March 20, 2019 No. 135