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;
5-1) simplified production - the automated execution of executive documents performed by territorial authority by means of the state automated information system of enforcement proceeding;
5-2) 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 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 on civil and administrative cases, instructions and resolutions on cases on administrative offenses, 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:
1) legality;
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.
3. The provisions of this Law applied in relation to banks of the second level, the insurance (reinsurance) organizations extend to the branches of nonresident banks of the Republic of Kazakhstan, branches of the insurance nonresident organizations of the Republic of Kazakhstan opened in the territory of the Republic of Kazakhstan.
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 the organization providing medical care in the field of mental health or other medical organization, 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;
1-1) writs of execution issued based on the judgments of the International financial center "Astana";
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, and also determination of courts about provisional interim measures or cancellation of provisional interim measures;
4-2) orders of court of the International financial center "Astana" on 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;
6) 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;
6-1) instruction about payment of the salary by the employer;
7) No. 91-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 11.07.2017;
8) resolutions of the legal executive on collection of the performing sanction;
9) the resolution of the legal executive on expense recovery, the executive actions suffered when making;
10) resolution of the private legal executive on approval of payment amounts of its activities;
11) instructions about the need of payment of penalty issued by body (official), the representative to impose administrative punishments;
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.
4. Cancellation of the resolution of the state legal executive is made by the relevant resolution of the head of territorial department - the senior legal executive.
Cancellation of the resolution of the private legal executive is made by the private legal executive who took out it, or other private legal executive to whose production the executive document, including based on court resolution or the prosecutor's protest is transferred.
5. The resolution of the legal executive becomes effective from the date of its removal, is subject to obligatory execution and can be appealed in court within ten working days according to the procedure, the established legislation of the Republic of Kazakhstan on administrative legal proceedings.
6. Standard forms of resolutions of legal executives affirm authorized body.
1. Within the simplified production the executive documents provided by subitems 5), 6), 11), 13) of Item 1 of article 9 of this Law on collection of the amount from physical person to twenty monthly settlement indicators are accepted.
2. In case of non-execution within the simplified production in time, the provided by this Law, executive document is performed according to Item 1 of article 138 of this Law.
3. Within the simplified production the debtor has the right to refuse execution of the requirement of the executive document in the simplified procedure.
In case of refusal the executive document is transferred to execution to the legal executive.
4. The issued decree in the simplified production is equivalent to the resolution of the legal executive.
5. The procedure of the simplified production is determined by authorized body.
1. Based on the executive document which arrived electronically the territorial authority without delay initiates the simplified production by means of the state automated information system of enforcement proceeding with observance of requirements of Item 1-1 of article 11 of this Law about what the decree is issued and the debtor is properly notified.
2. Responsibility for compliance of the executive document to the requirements established by the legislation of the Republic of Kazakhstan bears the body which issued the executive document.
Within the simplified production the measures for ensuring execution of executive documents provided by subitems 1-1) and 3) of Item 2 of Article 32 and article 36 of this Law are taken.
Collection on the sums of money of the debtor which are in the banks or the organizations performing separate types of banking activities is performed based on the collection order of the territorial authority created in the state automated information system of enforcement proceeding.
Execution of the executive document in the simplified production shall be finished no later than thirty calendar days from the date of initiation of the simplified production.
Non-execution by the debtor of requirements of the executive document within the simplified production is the basis for transfer of the executive document to the private legal executive according to the procedure, determined by authorized body.
1. The simplified production stops if:
1) the requirement of the executive document is performed in full;
2) the decision of relevant organ based on which the executive document is issued is cancelled.
2. In cases of the termination of the simplified production by territorial authority in the state automated information system of enforcement proceeding the decree without delay is issued.
3. The stopped simplified production cannot be begun in the simplified procedure again.
4. Along with the termination of the simplified production measures for ensuring execution of the executive document in the simplified production automatically are cancelled.
5. In case of the termination of the simplified production unexecuted collection orders in the automated information system of enforcement proceeding respond automatically.
1. The executive document from the simplified production is transferred to the private legal executive if:
1) the term, the stipulated in Article 10-4 presents of the Law expired;
2) the debtor refused execution of the requirement of the executive document in the simplified production.
2. The transferred simplified production cannot be begun in the simplified procedure again.
3. In case of transfer of the executive document from the simplified production to the private legal executive the taken measures for ensuring execution of the executive document in the simplified production are not subject to cancellation.
4. In case of transfer of the simplified production the exposed collection orders in the state automated information system of enforcement proceeding respond automatically.
The resolution in the simplified production can be appealed by the claimant or the debtor according to the procedure, established by the Administrative procedural Procedure Code 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;
1-1) writs of execution issued based on the judgments of the International financial center "Astana" - 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;
4-1) orders of court of the International financial center "Astana" on providing the claim - within one year from the date of pronouncement of the order by court;
5) No. 91-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 11.07.2017;
6) instructions about the need of payment of penalty issued by body (official), the representative to impose administrative punishments, - within one year;
6-1) 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;
12) instructions about payment of the salary by the employer - within three years;
13) tax orders on debt collection of physical person - within three years.
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 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.
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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