ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of October 5, 2020 No. 438

About modification and amendments in the Order of the Minister of Justice of the Republic of Kazakhstan of March 20, 2019 No. 135 "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" I ORDER:

1. Bring in the order of the Minister of Justice of the Republic of Kazakhstan of March 20, 2019 No. 135 "About approval of Standard forms of resolutions of the state legal executives" (it is registered in the Register of state registration of regulatory legal acts at No. 18432, it is published on April 16, 2019 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan), the following changes and amendment:

state Item 1 in the following edition:

"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 state 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 removal (rejection) of the translator (specialist) according to appendix 7 to this order;

8) resolutions on removal (rejection) of the state legal executive according to appendix 8 to this order;

9) resolutions on refusal in removal of the state legal executive according to appendix 9 to this order;

10) resolutions on employee involvement or divisions of law-enforcement bodies for ensuring execution of executive documents according to appendix 10 to this order;

11) resolutions on the drive of person evading from appearance to the legal executive (is subject to authorization by court), according to appendix 11 to this order;

12) 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 12 to this order;

13) 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 13 to this order;

14) 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 14 to this order;

15) resolutions on suspension of enforcement proceeding according to appendix 15 to this order;

16) resolutions on renewal of enforcement proceeding according to appendix 16 to this order;

17) resolutions on the termination of enforcement proceeding according to appendix 17 to this order;

18) resolutions on return of the executive document to the claimant according to appendix 18 to this order;

19) resolutions on the address of claim to property (is subject to authorization by the prosecutor) according to appendix 19 to this order;

20) 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 20 to this order;

21) resolutions on transfer of distrained property on realization according to appendix 21 to this order;

22) resolutions on cession of property of the debtor according to appendix 22 to this order;

23) resolutions on the address of collection on receivables according to appendix 23 to this order;

24) resolutions on seizure of monetary claim, payment according to the arrested requirement, you will lock to the debtor to accept and dispose of monetary claims according to appendix 24 to this order;

25) resolutions on the address of collection on the salary and other income types according to appendix 25 to this order;

26) resolutions on the address of collection on the grant, benefit on social insurance paid in case of temporary disability, unemployment benefit according to appendix 26 to this order;

27) resolutions on determination of debt according to appendix 27 to this order;

28) resolutions on distribution of the collected amounts according to appendix 28 to this order;

29) resolutions on accession to collection according to appendix 29 to this order;

30) resolutions on collection of expenses on making of executive actions according to appendix 30 to this order;

31) resolutions on the direction of the executive document on territoriality according to appendix 31 to this order;

32) resolutions on the direction of the executive document in liquidation commission, to the bankrupt managing director, the rehabilitation managing director according to appendix 32 to this order;

33) resolutions on cancellation of measures of forced execution according to appendix 33 to this order;

34) the resolution on prohibition to make certain actions according to appendix 34 to this order;

35) resolutions on collection of the performing sanction according to appendix 35 to this order;

36) resolutions on the order of making of separate executive actions and (or) applications of separate measures of forced execution according to appendix 36 to this order;

37) resolutions on detention settlement on the special parking of the vehicle of the debtor according to appendix 37 to this order;

38) resolutions on withdrawal of real estate (is subject to authorization by the prosecutor) according to appendix 38 to this order;

39) resolutions on withdrawal of documents of title (is subject to authorization by the prosecutor) according to appendix 39 to this order.

40) 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 40 to this order;

41) resolutions on taking measures of providing the executive document according to appendix 41 to this order;

42) resolutions on the announcement of the debtor in search according to appendix 42 to this order.

Appendices 1, 2, 3, of 4, of 5, of 6, of 7, of 8, of 9, 10, 11, of 12, of 13, of 14, of 15, of 16, of 17, of 18, of 19, of 20, of 21, of 22, of 23, of 24, of 25, of 26, of 27, of 28, of 29, of 30, of 31, of 32, of 33, of 34, of 35, of 36, of 37, of 38, of 39, of 40, 41 to be reworded as follows according to appendices 1, 2, 3, of 4, of 5, of 6, of 7, of 8, of 9, of 10, of 11, of 12, of 13, of 14, of 15, of 16, of 17, of 18, of 19, of 20, of 21, of 22, of 23, of 24, of 25, of 26, of 27, of 28, of 29, of 30, of 31, of 32, of 33, of 34, of 35, of 36, of 37, of 38, of 39, of 40, 41 to this order;

add with form of the resolution on the announcement of the debtor in search, according to appendix 42 to this order.

2. To provide to department on execution of court resolutions of the Ministry of Justice of the Republic of Kazakhstan:

1) state registration of this order;

2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan after its official publication.

3. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

4. This order becomes effective after day of its first official publication.

It is approved Prosecutor General's Office of the Republic of Kazakhstan

It is approved Ministry of Internal Affairs of the Republic of Kazakhstan

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of October 5, 2020 No. 438

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of March 20, 2019 No. 135

Standard 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 ______________________________ 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 state legal executive is specified)

ESTABLISHED:

The executive document 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, item 4 of Article 37, the subitem 1) Item 1 of article 126 of the Law,

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 of the legal entity who is the debtor)

about administrative and 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 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, protested in court within ten working days according to the civil procedural legislation of the Republic of Kazakhstan.

The claim is submitted in the place of making of executive actions if the territorial site serviced by the legal executive is in the settlement with the place of making of executive actions.

State legal executive ______________________________________

Locus sigilli                            (signature, surname, initials)

Appendix 2

to the Order of the Minister of Justice of the Republic of Kazakhstan of October 5, 2020 No. 438

Appendix 2

to the Order of the Minister of Justice of the Republic of Kazakhstan of March 20, 2019 No. 135

Standard 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 _______________________________ 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 state legal executive is specified)

ESTABLISHED:

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