Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 2, 2010 No. 261-IV ZRK

About enforcement proceeding and the status of legal executives

(The last edition from 21-01-2019)

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. The basic concepts used in this Law

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.

Article 2. Enforcement proceeding tasks

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.

Article 3. Basic principles of enforcement proceeding

The enforcement proceeding is performed on the principles:

1) legality;

2) timeliness and transparency of making of executive actions and application of measures of forced execution;

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