of April 2, 2010 No. 261-IV ZRK
About enforcement proceeding and the status of legal executives
In this Law the following basic concepts are used:
1) enforcement proceeding - the measures directed to forced execution of executive documents with collection from the debtor of the performing sanction, penalty fee, expenses on enforcement proceeding, payments of activities of the private legal executive;
1-1) state automated information system of enforcement proceeding - 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 debtors - the unified electronic databank containing the information about debtors on enforcement proceedings;
3) United electronic market place - information system, set of databases, the technical, program, telecommunication and other means providing the possibility of input, storage and the information processing necessary for running an electronic auction providing single public point of access to participants of electronic auction;
3-1) Republican chamber of private legal executives (further - Republican chamber) - the non-profit, professional organization performing coordination of activities of private legal executives and observance by them of the legislation of the Republic of Kazakhstan on enforcement proceeding and the status of legal executives;
3-2) regional chamber of private legal executives - branch of Republican chamber in the region;
4) the private legal executive - the citizen of the Republic of Kazakhstan who is engaged in private practice on execution of executive documents without formation of legal entity based on the license for the occupation right the activities for execution of executive documents (further - the license of the private legal executive) issued by authorized body;
5) the state legal executive - the official who is in public service and performing the functions assigned to him by the law on taking measures, the executive documents directed to forced execution;
6) the legal executive - the state legal executive and the private legal executive performing assigned to them the law functions on taking measures directed to forced execution of executive documents, and the having equal rights and obligations behind the withdrawals provided by this Law;
7) the resolution of the legal executive - the procedural document in which the proceeding decision made by the legal executive in the course of enforcement proceeding is fixed;
8) complete forced execution - execution of the executive document in full during stay it in production of the legal executive;
9) authorized body - the state body enabling the realization of state policy and state regulation of activities in the field of ensuring execution of executive documents;
9-1) socially important category of cases - executive documents on collection of the alimony, the salary, pensions, benefits, on indemnification, caused to life and health;
10) electronic auction - method of the electronic biddings in the form of auction in case of which the distrained property is implemented with use of United electronic market place on the basis of equal access to them for all potential buyers.
Tasks of enforcement proceeding are obligatory and timely taking measures, the executive documents directed to forced execution issued based on judgments, determinations, instructions and resolutions on civil and administrative cases, sentences and resolutions on criminal cases regarding property penalties, and also resolutions of other bodies according to this Law.
The enforcement proceeding is performed on the principles:
2) timeliness and transparency of making of executive actions and application of measures of forced execution;
3) respect of honor and advantage of the person;
4) immunity of minimum of the property necessary for existence of the debtor and members of his family;
5) attributability of amount of requirements of the claimant and measures of forced execution;
6) proportionality of distribution of the collected amounts between claimants of one queue in case of their insufficiency for complete satisfaction of all requirements of queue;
7) compensations for the account of the debtor of expenses on forced execution of the executive document;
8) freedoms of appeal in court of legal proceedings and resolutions of the legal executive.
1. The legislation of the Republic of Kazakhstan on enforcement proceeding and the status of legal executives is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.
1. The procedure for execution in the Republic of Kazakhstan of solutions of the international and foreign vessels, and also arbitration is determined by the corresponding international treaties ratified by the Republic of Kazakhstan, and this Law.
2. The writ of execution issued based on the foreign judgment by court of the Republic of Kazakhstan can be shown to forced execution within three years from the moment of entry of decision into legal force.
1. The enforcement proceeding is performed according to the regulations operating during making of executive actions.
2. The enforcement proceeding on debt collection of tax and other obligatory payments in the budget, is made by penalty fee for payment delay of penalties and other sanctions for violation of the tax legislation of the Republic of Kazakhstan according to the procedure, established by this Law, and according to the tax and customs legislation of the Republic of Kazakhstan.
3. The enforcement proceeding on collection from the state of the amounts of capitalization of the corresponding time payments on indemnification caused to life and health of workers in case of absence or insufficiency of property at the liquidated legal entity recognized in accordance with the established procedure responsible for this harm is performed according to this Law with observance of the rules established by authorized body.
3-1. Execution of court resolutions at the expense of the government budget on indemnification caused as a result of illegal condemnation, illegal criminal prosecution, illegal application as measure of restraint of detention, house arrest, recognizance not to leave, illegal imposing of administrative punishment in the form of arrest or corrective works, the illegal placement to mental health or other medical institution, carrying out the secret investigative actions afterwards recognized illegal judicially is performed according to the procedure, established by the central authorized body on budget implementation.
4. Execution of acts of courts and other bodies concerning foreigners, stateless persons and the foreign organizations is made according to this Law.
5. The enforcement proceeding according to executive documents of other states in the territory of the Republic of Kazakhstan is performed according to the legislation of the Republic of Kazakhstan if other does not follow from the international treaties ratified by the Republic of Kazakhstan.
1. Application of measures of forced execution for execution of the executive documents listed in article 9 of this Law is assigned to legal executives.
2. In the cases provided by the laws of the Republic of Kazakhstan, application of measures of forced execution for execution of executive documents is performed with assistance of the staff of law-enforcement bodies, assistants to private legal executives and other state bodies.
3. Nobody has the right to interfere with office activities of the legal executive, except persons which are directly authorized on that by the laws. Illegal intervention in activities of the legal executive attracts the responsibility established by the laws of the Republic of Kazakhstan.
Language of the enforcement proceeding and clerical work connected with its maintaining is established taking into account language of the judgment or other document which is subject to execution.
1. Executive documents are:
1) the writs of execution issued based on court resolutions;
2) the writs issued according to the civil procedural legislation of the Republic of Kazakhstan;
3) the writs of execution issued based on court resolutions about forced execution in the territory of the Republic of Kazakhstan of solutions of the international, foreign vessels and arbitration;
4) the writs of execution issued based on determination of court about forced execution of arbitral decisions;
4-1) determinations of courts about providing the claim or discharge of the security of the claim;
5) 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;
7) No. 91-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 11.07.2017;;
12) the court order about property attachment issued on criminal case;
13) tax order on debt collection of physical person.
2. In case of loss of the executive document the basis for collection is its duplicate issued in stipulated by the legislation procedure for the Republic of Kazakhstan by the body which issued the executive document.
3. The executive document according to which the enforcement proceeding is initiated is in enforcement proceeding materials. The legal executive directs for execution the resolution on excitement of enforcement proceeding with application of a copy of the specified executive document.
1. The decisions concerning enforcement proceeding made by the legal executive from the date of presentation of the executive document to execution are drawn up by resolutions, except as specified, stipulated in Item 2 articles 47 of this Law.
The resolutions certified by the digital signature of the legal executive are equivalent to resolutions on paper.
2. In the resolution of the legal executive shall be specified:
1) name and address of territorial department or address of office of the private legal executive;
2) date of pronouncement of the resolution;
3) position, surname and initials of person which issued the decree;
4) the name and number of enforcement proceeding according to which the decree is issued.
In the resolution on refusal in excitement of enforcement proceeding the name and number of the executive document are specified;
5) question on which the decree is issued;
6) the bases of the made decision with reference to the laws and other regulatory legal acts;
7) the substantive provisions of the resolution reflecting the decision made to the point;
8) procedure for appeal of the resolution.
3. The legal executive has the right on the initiative or of the statement of persons participating in enforcement proceeding to correct the slips or appreciable arithmetic errors allowed by it in the resolution. The specified corrections are made by the resolution on introduction of amendments to earlier issued decree.
Cancellation of the resolution of the private legal executive is made by the private legal executive, including based on the act of court or the prosecutor's protest.
5. The resolution of the legal executive 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.
1. Executive documents can be shown to forced execution in the following terms:
1) the writs and writs of execution issued based on court resolutions - within three years;
2) the writs of execution issued based on determination of court about forced execution of arbitral decisions, decisions of the international and foreign arbitrations - within three years;
3) the decrees of courts issued on the case of administrative offense - within one year if other terms are not established by the law;
4) resolutions of body (official), the representative to consider cases on administrative offenses, - within one year;
5) No. 91-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 11.07.2017;
6) executive texts - within three years;
7) resolutions of the state legal executive on collection of the performing sanction - within three years;
8) the resolutions of the legal executive on expense recovery suffered when making executive actions - within three years;
9) resolutions of the private legal executive on approval of payment amounts of its activities - within three years;
10) court orders about property attachment, taken out on criminal case, - within one year;
11) writs of execution about recovery of penalty for criminal offense and (or) crime can be shown to execution after the introduction of sentence in legal force:
within one year in case of condemnation for criminal offense;
within three years in case of conviction of an offense of small weight;
within six years in case of conviction of an offense of average weight;
within ten years in case of condemnation for serious crime;
within fifteen years in case of condemnation for especially serious crime.
1-1. Executive documents can be shown to forced execution not earlier than five working days after the introduction in legal force, except for the documents provided by the subitem 4) of Item 1 of this Article.
2. The specified terms are estimated:
1) in case of execution of the writs of execution issued based on court resolutions regarding property penalties - from the date of, the introduction of court resolution following later in legal force or the terminations of the term established in case of delay or extension of the deadline for executing court resolution, and in cases when the court resolution is subject to immediate execution, - no later than the next working day after decision;
2) in case of execution of the writs of execution issued based on determination of court about forced execution of arbitral decisions, decisions of the international and foreign arbitrations - from the date of, the introduction of the decision following later in force;
3) in case of execution of decrees of the vessels issued on the case of administrative offense - from the date of pronouncement of the resolution;
4) in case of execution of the resolution of body (official), representative to consider cases on administrative offenses, - from the date of, the decision making following later about forced execution;
5) according to all other executive documents - from the date of, following after their issue.
3. The executive documents which are written out based on decisions on collection of periodical payments (on cases on collection of the alimony, on indemnification, caused by mutilation or other damage of health and another), are valid for all the time on which payments are awarded. In these cases terms are estimated for each payment separately.
1. Term for presentation of the executive document to execution is interrupted:
1) presentation of the executive document to execution;
2) partial execution of the executive document by the debtor about what the legal executive the mark in the executive document becomes;
3) for search of the debtor.
2. After break the current of term begins again, at the same time time which expired to break is not set off in new time.
3. New term after break is estimated from the date of when the executive document according to which collection fully or partially was not made was returned to the claimant.
1. The claimant, passed term for presentation to execution of the executive document, the having the right to take a legal action, taken out court resolution, or in court in the place of execution with the statement for recovery of the passed term.
2. In case of recognition of the reasons of the omission of term by court for presentation to execution of writ of execution, writ valid term can be recovered.
Participants of enforcement proceeding are recognized:
1) parties of enforcement proceeding (claimant and debtor);
2) agents of the parties of enforcement proceeding;
3) legal executive;
4) the other persons promoting execution of the requirements containing in the executive document (including the staff of law-enforcement bodies and other state bodies, the bailiff, the assistant to the private legal executive, the translator, witnesses, the specialist, person to whom the legal executive transfers under protection or to storage distrained property).
1. The parties of enforcement proceeding are the claimant and the debtor.
2. Claimant is the physical person or legal entity, in advantage or for the benefit of which the executive document is issued.
3. Debtor is the physical person or legal entity obliged to fulfill the requirements provided by the executive document.
4. Can participate in enforcement proceeding several claimants or debtors (accomplices). Each of them participates in enforcement proceeding independently. The accomplice can charge to represent the interests in enforcement proceeding to other accomplice from its consent, except as specified, when according to the executive document obligations which he can make only itself (personal obligations) are assigned to the debtor.
1. The parties of enforcement proceeding have the right to get acquainted with enforcement proceeding materials, including electronically, to do of them statements, to make copies, to represent additional materials, to declare petitions, to participate in making of executive actions, to offer oral and written explanations in the course of executive actions, to make the arguments and observations on all questions arising during enforcement proceeding, to object to arguments and petitions of other persons participating in enforcement proceeding, to declare branches to appeal actions (failure to act) or decisions of the legal executive concerning enforcement proceeding, to take a legal action with the statement for approval of the voluntary settlement.
2. The parties of enforcement proceeding shall have honesty all rights granted to them, and also fulfill requirements of this Law.
The debtor shall report in writing within three working days to the legal executive about change of place of employment, the residence and stay, and also about emergence of new sources of the income and property from the moment of emergence of the specified circumstances.
The debtor shall before the termination of enforcement proceeding once a month, and also in cases of challenge to be to the legal executive. Absence attracts responsibility according to the laws of the Republic of Kazakhstan.
1. In case of disposal of the debtor (the death of the citizen, reorganization of the legal entity, transfer of debt) the state legal executive according to executive documents on collection in the income of the state, the private legal executive take representation to court, passed the decision, with the offer on removal of determination on replacement of the debtor at his legal successor. Representation goes within three working days since the moment when the legal executive knew of the debtor's legal succession. For the legal successor all actions made to its introduction in enforcement proceeding are obligatory in that measure in what they would be obligatory for the debtor.
2. In all other cases the legal succession is established according to the statement of the claimant according to the civil legislation of the Republic of Kazakhstan.
1. Physical persons can participate in enforcement proceeding independently or through representatives. Personal participation of physical person in enforcement proceeding does not deprive of it the right to have the representative. If according to the executive document obligations which it can perform only personally are assigned to the debtor, then in case of their execution the debtor has no right to act through the representative.
2. Participation of the organizations in enforcement proceeding is performed through their bodies which are effective within the powers conferred to them by the laws, other regulatory legal acts and constituent documents, or through representatives of the specified bodies.
Persons representing the organization shall have the documents confirming their official capacity and powers.
3. Powers of the representative make sure the power of attorney issued and which is drawn up according to the civil legislation of the Republic of Kazakhstan.
1. The representative in enforcement proceeding makes on behalf of represented all actions connected with enforcement proceeding within the powers allocated by the power of attorney.
1) presentation and withdrawal of the executive document;
2) delegation of power to other person (retrust);
3) appeal of actions (failure to act) or decisions of the legal executive;
4) receipt of the awarded property (including money);
5) conclusion of the voluntary settlement.
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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