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LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 7, 1997 No. 150-1

About bailiffs

(as amended on 29-06-2020)
Article 1. Legal status of bailiffs

1. The bailiff - the official who is in public service and carrying out the tasks assigned to him by this Law.

2. The uniform (without shoulder strap), the ID card and counter which samples affirm authorized body on organizational and to material logistics of activity of the courts is issued to the bailiff.

Natural regulations of providing bailiffs with uniform (without shoulder strap) affirm authorized body in coordination with the central authorized body on budgetary planning.

3. Legal requirements of the bailiff are obligatory for execution by all physical persons and legal entities.

Article 2. Tasks of bailiffs

Tasks of bailiffs are:

1) maintenance of public order in the hall during judicial session;

2) control of execution of the punishments which are not connected with imprisonment;

3) assistance to court in accomplishment of legal proceedings;

4) ensuring protection of buildings of the courts, protection of judges and other participants of process;

5) it is excluded

Article 3. Legislation of the Republic of Kazakhstan on bailiffs

The legislation of the Republic of Kazakhstan on bailiffs is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

Article 4. Organization of activities of bailiffs and procedure for their appointment

1. Divisions of bailiffs are formed by authorized state body on organizational and to material logistics of activities of the Supreme Court, local and other courts (further - authorized body) in the Supreme Court and territorial subdivisions (The administrator of courts) in areas, the capital and the cities of republican value (further - territorial subdivisions).

2. The organizational and methodical management of activities of bailiffs in the Supreme Court and territorial subdivisions is performed by authorized body and its territorial subdivisions.

Authorized body

1) will organize work of bailiffs;

2) is engaged in personnel training of bailiffs, increase in their professional training;

3) generalizes practice of activities of bailiffs, develops methodical recommendations on this basis;

4) is engaged in accounting of activities of bailiffs;

5) is provided by interaction with other state and law enforcement agencies concerning providing established procedure of activity of the courts;

6) is performed by material logistics of divisions of bailiffs.

3. Excluded

4. Bailiffs in territorial subdivisions are appointed to position and dismissed by heads of the relevant territorial subdivisions.

Bailiffs in the Supreme Court of the Republic of Kazakhstan are appointed to position and dismissed by the head of authorized body.

5. The number of staff of divisions of bailiffs affirms the head of authorized body within the number of staff approved by the President of the Republic of Kazakhstan.

Article 5. Interaction of the bailiff with law enforcement agencies

1. In case of accomplishment of the tasks assigned to it the bailiff has the right to ask for the help the staff of law-enforcement bodies, and the bailiff of military court - military command.

2. Law enforcement officers give help to the bailiff within realization of the tasks assigned to them by the law.

3. Interaction of bailiffs with law enforcement officers and military units is performed according to the procedure, provided by the relevant bylaw on interaction approved by heads of the specified bodies.

Article 6. Requirements imposed to the bailiff

1. The nominated person who is the citizen of the Republic of Kazakhstan aged can be the bailiff is not younger than twenty one years, the having secondary (postaverage) education capable on the business and personal qualities, and also for health reasons to carry out the obligations assigned to it and undergone special testing.

Bailiffs have special training after which they have the right to storage and carrying fire service and electric weapon, use of special means.

2. To position of the bailiff there cannot be nominated persons, previously convicted or exempted from criminal liability based on Items 3), 4), 9), 10) and 12) parts one of Article 35 or Article 36 of the Code of penal procedure of the Republic of Kazakhstan, and also dismissed for negative motives from public service and from law enforcement agencies.

Article 7. Rights and obligations of the bailiff

1. For the purpose of accomplishment of the tasks assigned to it the bailiff has the right:

1) to demand from citizens of observance of established procedure of activities of court, and also the termination of illegal actions in court house and in courtroom;

1-1) it is excluded

2) to make in court house (in case of holding field meeting - indoors where judicial session is held) administrative detention of the offender;

3) to constitute the protocol on offense for accountability in the procedure established by the legislation;

4) to bring the offender to law-enforcement bodies;

5) to use fire and electric weapon, special means and physical force according to the procedure, stipulated by the legislation the Republic of Kazakhstan.

2. The bailiff shall:

1) to use the rights granted to it in strict accordance with the law and not to allow in the activities of infringement of the rights and legitimate interests of citizens and legal entities;

2) to perform protection of the judges and other persons participating in legal procedure;

3) to provide protection of consultative rooms, other judicial rooms and buildings;

4) it is excluded

5) to warn and stop offenses in courtroom and court house;

To provide 6) at the request of the judge delivery of criminal case and physical evidences and their safety when carrying out legal proceedings out of the court permanent residence;

7) to carry out the order of the judge, the carrying out legal proceedings connected with observance of procedure;

8) to perform the drive of persons evading from appearance in court;

9) to interact with the staff of convoy service concerning protection and safety of persons who are held in custody.

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