ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of March 28, 2019 No. 148

About approval of Standard forms of resolutions of private 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:

1) resolutions on excitement of enforcement proceeding according to appendix 1 to this order;

2) resolutions on refusal in excitement of enforcement proceeding according to appendix 2 to this order;

3) resolutions on introduction of amendments to earlier issued decree according to appendix 3 to this order;

4) resolutions on cancellation of the resolution of the private legal executive according to appendix 4 to this order;

5) resolutions on participation of the translator in enforcement proceeding according to appendix 5 to this order;

6) resolutions on participation of the specialist in enforcement proceeding according to appendix 6 to this order;

7) resolutions on employee involvement or divisions of law-enforcement bodies for ensuring execution of executive documents according to appendix 7 to this order;

8) resolutions on suspension of enforcement proceeding according to appendix 8 to this order;

9) resolutions on renewal of enforcement proceeding according to appendix 9 to this order;

10) resolutions on the termination of enforcement proceeding according to appendix 10 to this order;

11) resolutions on return of the executive document according to appendix 11 to this order;

12) resolutions on adoption of the executive document to the production according to appendix 12 to this order;

13) resolutions on cession of property of the debtor according to appendix 13 to this order;

14) resolutions on transfer of distrained property on realization according to appendix 14 to this order;

15) resolutions on the address of collection on receivables according to appendix 15 to this order;

16) resolutions on the address of collection on the salary and other income types according to appendix 16 to this order;

17) resolutions on determination of debt according to appendix 17 to this order;

18) resolutions on distribution of the collected sums of money according to appendix 18 to this order;

19) resolutions on accession to collection according to appendix 19 to this order;

20) resolutions on the direction of the executive document in liquidation commission, to the bankrupt managing director, the rehabilitation managing director according to appendix 20 to this order;

21) resolutions on cancellation of measures of ensuring execution of the executive document according to appendix 21 to this order;

22) resolutions on expense recovery, the executive actions suffered when making according to appendix 22 to this order;

23) resolutions on approval of payment amounts of activities of the private legal executive according to appendix 23 to this order;

24) the resolution on prohibition to make certain actions according to appendix 24 to this order;

25) resolutions on detention of the vehicle and settlement on the special parking according to appendix 25 to this order;

26) resolutions on withdrawal of personal estate according to appendix 26 to this order;

27) the resolution on reclamation of information on bank account numbers and availability of money for them, data on nature and property value which is in the banks, the organizations performing separate types of banking activities and also in insurance companies, and seizure of them (is subject to authorization by the prosecutor) according to appendix 27 to this order;

28) resolutions on property attachment of the debtor according to appendix 28 to this order;

29) resolutions on the address of claim to property (is subject to authorization by the prosecutor) according to appendix 29 to this order;

30) resolutions on temporary restriction on departure of physical person, head (acting as) of the legal entity who is the debtor from the Republic of Kazakhstan (is subject to authorization by court) according to appendix 30 to this order;

31) resolutions on suspension of temporary restriction on departure of physical person, head (acting as) of the legal entity who is the debtor from the Republic of Kazakhstan (is subject to authorization by court) according to appendix 31 to this order;

32) resolutions on removal of temporary restriction on departure of physical person, head (acting as) of the legal entity who is the debtor from the Republic of Kazakhstan according to appendix 32 to this order;

33) resolutions on the drive of person evading from appearance to the legal executive (is subject to authorization by court), according to appendix 33 to this order;

34) resolutions on withdrawal of real estate (is subject to authorization by the prosecutor) according to appendix 34 to this order;

35) resolutions on withdrawal of documents of title (is subject to authorization by the prosecutor), according to appendix 35 to this order;

36) resolutions on the address of collection on grant, benefit on social insurance, in case of temporary disability, unemployment benefit according to appendix 36 to this order;

37) resolutions on reclamation of information on nature and content of monetary claims, and seizure of them according to appendix 37 to this order

38) resolutions on removal (rejection) of the specialist, the translator, the legal executive, the assistant to the private legal executive according to appendix 38 to this order;

39) resolutions on refusal in removal (rejection) of the specialist, translator, legal executive, assistant to the private legal executive according to appendix 39 to this order;

40) resolutions on appointment of the appraiser according to distrained property or the order about evaluating property of the debtor of one of the parties of enforcement proceeding according to appendix 40 to this order;

41) the resolution on the announcement of the debtor in search to appendix 41 to this order.

2. Recognize invalid some orders of the Minister of Justice of the Republic of Kazakhstan according to appendix 42 to this order.

3. To provide to department on execution of court resolutions with the established legislation of the Republic of Kazakhstan:

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 Kazakh and Russian languages 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 since April 24, 2019.

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of March 28, 2019 No. 148

Standard form

Resolution on excitement of enforcement proceeding

"__" ________ 20 __ years     ____________________________________________
                                                    (name of the city, area)

Private legal executive

_______________________________________________________________________________

(surname, initials of the private legal executive, address and its executive district)

having considered __________________________________ No. ________ from "____" __________ 20 ___ years

(the name of the executive document number and date of the executive document is specified)

about ______________________________________________________________________________

(are specified 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), their identification numbers)

arrived from _________________________________________________________________

(the name of court or body to which the executive document is issued is specified)

"____" ______________________ 20 __ years

(receipt date of the executive document to the private legal executive is specified)

ESTABLISHED:

The executive document conforms to the requirements established by the law imposed to executive documents.

The term of presentation of the executive document did not expire.

Based on stated, being guided by Item 1 of Article 10, item 4 of Article 37, article 126 of the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives"

DECIDED:

1. Initiate enforcement proceeding.

2. Appropriate to enforcement proceeding No. ________.

3. Warn

_________________________________________________________________

(surname, name and middle name (in case of its availability) physical person or the head

the legal entity who is the debtor)

about administrative and criminal liability for non-execution of executive

the document by the direction of the notification.

4. About the made decision to report the parties of enforcement proceeding or their representatives.

5. The resolution of the legal executive becomes effective from the date of its removal, is subject to obligatory execution and can be appealed according to the Administrative procedural Procedure Code of the Republic of Kazakhstan.

The claim is filed a lawsuit against actions (failure to act) of the legal executive for execution of executive documents 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.

 

Private legal executive ____________________________________
                                 Locus sigilli (signature, surname, initials)

Appendix 2

to the Order of the Minister of Justice of the Republic of Kazakhstan of March 28, 2019 No. 148

Standard form

The resolution on refusal in excitement of enforcement proceeding

"__" ________ 20 __ years _________________________________________
                                             (name of the city, area)

Private legal executive _________________________________________________,

(surname, initials of the private legal executive, address and its executive district)

having considered __________________________________ No. ________ from "____" _____ 20 ___ years

(the name of the executive document number and date of the executive document is specified)

about ________________________________________________________________________________

(are specified 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), their identification numbers)

arrived from __________________________________________________________________

(the name of court or body to which the executive document is issued is specified)

"____" ______________________ 20 __ years

(receipt date of the executive document to the private legal executive is specified)

ESTABLISHED:

_______________________________________________________________________________________

(the refusal bases in excitement of enforcement proceeding are specified, with reference to regulations

current law or other regulatory legal act)

Based on stated, being guided by Item 1 of Article 10, the subitem) Item 1 of Article 38, article 126 of the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives"

DECIDED:

1. Refuse excitement of enforcement proceeding.

2. To direct the copy of the resolution with appendix of all arrived documents in

__________________________________________________________________________________.

(surname, name and middle name (in case of its availability) physical person, the name of legal

person to whom the executive document, their addresses 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. The resolution of the legal executive becomes effective from the date of its removal, is subject to obligatory execution and can be appealed according to the Administrative procedural Procedure Code of the Republic of Kazakhstan.

The claim is filed a lawsuit against actions (failure to act) of the legal executive for execution of executive documents 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

 

Private legal executive ___________________________________________
                               Locus sigilli (signature, surname, initials)

Appendix 3

to the Order of the Minister of Justice of the Republic of Kazakhstan of March 28, 2019 No. 148

Standard form

The resolution on introduction of amendments to earlier issued decree

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