ORDER I.O OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 16, 2024 No. 697

About approval of Rules of implementation of the simplified production

According to Item 5 of Article 10-1, the paragraph to the eleventh the subitem 11) of article 167 of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives", I ORDER:

1. Approve Rules of implementation of the simplified production, according to appendix to this order.

2. To provide to department of forced execution of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation:

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.

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

4. This order becomes effective since August 20, 2024 and is subject to official publication.

Appendix

to the Order of the acting minister of justice of the Republic of Kazakhstan of August 16, 2024 No. 697

Rules of implementation of the simplified production

Chapter 1. General provisions

1. These rules of implementation of the simplified production (further - Rules) are developed according to Item 5 of Article 10-1, the paragraph the eleventh the subitem 11) of article 167 of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives" (further - the Law) and establish procedure of the simplified production.

2. In these rules the following concepts are used:

1) the state automated information system of enforcement proceeding (further - GAISIP) - the information system intended for implementation electronically of accounting of enforcement proceedings, automation of legal proceedings of the legal executive, and also data acquisition about the enforcement proceeding course by the parties of enforcement proceeding;

2) the unified register of administrative productions (further - ERAP) - the information system which contains the entered data on the administrative offenses, faces which made them made on them decisions and also is performed business management about administrative offenses electronically;

3) the Unified register of debtors - the unified electronic databank containing the information about debtors on enforcement proceedings;

4) the simplified production - the automated execution of executive documents performed by territorial authority of justice (further - territorial authority), by means of GAISIP;

5) the resolution in the simplified production - the procedural document of territorial authority in which the proceeding decision made within the simplified production, certified by means of the digital signature of the head of territorial authority or its deputy is fixed;

6) the digital signature (further - the EDS) - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

Chapter 2. Procedure for adoption of the executive document to the simplified production

3. Executive documents within the simplified production arrive in GAISIP electronically from ERAP, the integrated taxation information system, and also the automated information and analytical system of judicial authorities of the Republic of Kazakhstan.

4. Within the simplified production the following executive documents on collection of the amount from physical person to twenty monthly settlement indicators are accepted:

1) the decrees of courts issued on the case of administrative offense in the cases provided by the Code of the Republic of Kazakhstan about administrative offenses;

2) resolutions of body (official), the representative to consider cases on administrative offenses in the cases provided by the Code of the Republic of Kazakhstan about administrative offenses;

3) instructions about the need of payment of penalty issued by body (official), the representative to impose administrative punishments;

4) tax order on debt collection.

The monthly settlement indicator is established for the corresponding financial year by the law on the republican budget.

5. Based on the executive document which arrived electronically the territorial authority by means of GAISIP without delay initiates the simplified production about what the decree, according to appendix 1 to these rules is issued.

6. The notice of the debtor on initiation of the simplified production is performed by the direction of the text message on the subscriber number of cellular communication registered in Base of mobile citizens or (and) by means of the direction of the push-notification in mobile applications of the electronic government, and also banks of the second level. The notice contains the reference for acquaintance and downloading of the resolution on initiation of the simplified production.

7. The debtor at any stage of the simplified production after acquaintance with the resolution on initiation of the simplified production can refuse execution of the requirement of the executive document in the simplified production, having followed the received link and having pressed in the "Window" displayed in GAISIP the He Does Not Agree button.

The debtor concerning refusal of execution of requirements of the executive document within the simplified production or in connection with execution of requirements of the executive document, can file the corresponding written application in territorial authority.

In case of refusal the debtor from execution of requirements of the executive document within the simplified production by click-through, territorial authority in GAISIP without delay creates the resolution on transfer of the executive document for execution to the private legal executive (further - the resolution on transfer of the executive document for execution to the private legal executive), according to appendix 2 to these rules, according to the procedure, provided by Rules for apportionment of executive documents by means of the state automated information system of enforcement proceeding between the private legal executives approved by the order of the Minister of Justice of the Republic of Kazakhstan of December 29, 2015 No. 652 (it is registered in the Register of state registration of regulatory legal acts No. 12848).

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info