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The document ceased to be valid since  July 1, 2017 according to article 3 of the Law of the Kyrgyz Republic of  January 20, 2017 No. 207

LAW OF THE KYRGYZ REPUBLIC

of March 18, 2002 No. 39

About enforcement proceeding and about the status of legal executives in the Kyrgyz Republic

(as amended on 16-12-2016)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on February 8, 2002

Chapter 1 Basic provisions

Article 1. Coverage of this Law

This Law establishes legal, organizational and economic basis of enforcement proceeding, condition and procedure for voluntary and forced execution of acts of courts of law (further - court resolutions) and acts of other bodies which by the law when implementing powers are granted the right to assign to citizens, the organizations or budgets of all levels of obligation for execution of their acts, and also determines legal status of legal executives and their power.

Article 2. Legislation on enforcement proceeding and on the status of legal executives

The single system of regulatory legal acts about enforcement proceeding and about the status of legal executives is constituted by the Constitution of the Kyrgyz Republic, this Law and other regulatory legal acts of the Kyrgyz Republic, and also the international agreements which came in the procedure established by the law into force which participant is the Kyrgyz Republic.

Article 3. Tasks of legal executives

Tasks on execution of decisions, determinations and resolutions on civil and administrative cases, sentences, determinations and resolutions on criminal cases regarding property penalties, execution in the cases of decisions and resolutions of other bodies provided by this Law are assigned to legal executives.

Chapter 2 Organization and procedure for activities of the legal executive

Article 4. Legal executive

1. The legal executive - the official who is in public service and carrying out the tasks assigned to him by the law on execution of court resolutions and acts of other bodies.

2. Legal executives consist under Judicial department under the Supreme Court of the Kyrgyz Republic (further - Judicial department).

3. Requirements of the legal executive for execution of court resolutions and acts of other bodies are obligatory for all state bodies, business entities, public associations, officials and citizens in all territory of the Kyrgyz Republic.

4. Information, documents and their copies necessary for the legal executive for accomplishment of the tasks assigned to it by the law, are provided according to its requirement gratuitously and at the scheduled time.

Article 5. Requirements imposed to the legal executive

1. The citizen of the Kyrgyz Republic who reached twenty-five year age, having the higher legal education, not having criminal record and capable for health reasons to fulfill the duties assigned to it can be the legal executive.

2. The legal executive shall perform the activities according to the law, take all legal measures to real, complete and timely execution of executive documents and not allow in the activities of infringement of the rights and legitimate interests of citizens and legal entities.

3. Division manager of service of legal executives is the senior legal executive.

The citizen of the Kyrgyz Republic meeting requirements imposed to legal executives and at least one year having years of service of practical work as the legal executive can be the senior legal executive.

Article 6. Organization and control of activities of the legal executive

1. Legal executives are appointed to position and dismissed by the director of Judicial department and chiefs of regional managements.

2. The director of Judicial department of position is the Chief bailiff of the Kyrgyz Republic, chiefs of regional managements of Judicial department - the chief bailiffs of areas.

3. The chief bailiff of the Kyrgyz Republic and the chief bailiffs of areas, and also the senior legal executives perform management of activities of legal executives, will organize and control their work and bear the personal responsibility for real, complete and timely execution of court resolutions and acts of other bodies.

Article 7. Organizational and material logistics of activities of the legal executive

1. Organizational and material logistics of activities of legal executives is performed at the expense of means of the republican budget.

2. Class ranks, procedure for assignment and which deprivations it is determined by the legislation of the Kyrgyz Republic are appropriated to legal executives.

3. The salary of the legal executive consists of official pay rate, the allowance for the class rank, length-of-service allowances, and also awards and other allowances.

4. Provision of leaves, provision of pensions, and also payment of allowances are made according to the legislation of the Kyrgyz Republic.

5. The legal executive on presentation of the official ID has the right:

- free use of all modes of transport of the city, suburban and local message, except taxi and private motor transport, according to the procedure, established by the Government of the Kyrgyz Republic;

- extraordinary acquisition of travel documents and places in hotels in case of the direction in official journey.

6. Manager of the deposit account is the senior legal executive.

Article 8. Social guarantees of activities of legal executives

1. Legal executives are subject to compulsory national insurance at the expense of means of the republican budget which procedure and conditions are established by the legislation of the Kyrgyz Republic.

2. The legal executive has the right to providing with office premises according to the legislation of the Kyrgyz Republic.

3. In case of death of the legal executive in connection with execution of service duties or his death after dismissal owing to wound, injuries, diseases got during implementation of activities of the legal executive to family of the died (dead) are made payments according to the legislation of the Kyrgyz Republic.

Article 9. Responsibility of the legal executive

1. The legal executive bears responsibility for making of offense and offense, failure to carry out or improper execution of the obligations according to the procedure, established by the legislation of the Kyrgyz Republic.

The damage caused by the legal executive is subject to compensation by rules, stipulated by the legislation the Kyrgyz Republic.

2. Actions of the legal executive can be appealed to the higher legal executive or in court according to the procedure, established by the legislation of the Kyrgyz Republic.

The address with the claim to the higher legal executive is not obstacle for the address with the similar claim to court.

Chapter 3 General terms of making of executive actions

Article 10. Principles of enforcement proceeding

The enforcement proceeding is based on real, complete and timely voluntary or forced execution of court resolutions and acts of other bodies.

Article 11. Bodies of enforcement proceeding

1. Execution of court resolutions and acts of other bodies of the Kyrgyz Republic is assigned to legal executives whose number is determined by the chairman of the Supreme Court of the Kyrgyz Republic by representation of the director of Judicial department in coordination with Judicial council within expense budget.

2. Other bodies, the organizations and officials perform executive actions owing to direct specifying of the law on it or upon the demand of the legal executive.

3. In cases, stipulated by the legislation, execution of court resolutions and acts of other bodies is performed with the assistance of the staff of law-enforcement bodies of the Kyrgyz Republic.

4. The executive document which contains requirements of court resolutions and acts of other bodies of money recovery can be sent by the claimant directly to bank or other financial credit institution if the claimant has data on the accounts of the debtor which are available there and on the availability on them of money, or to the legal executive for execution according to the procedure provided by this Law.

The bank or other financial credit institution performing servicing of accounts of the debtor in three-day time from the date of receipt of the executive document from the claimant or the bailiff perform the requirements about money recovery containing in the executive document or do mark about complete or partial non-execution of the specified requirements due to the lack on accounts of the debtor of the money sufficient for satisfaction of requirements of the claimant.

Article 12. Rights and obligations of the legal executive

1. The legal executive has the right:

1) to issue decrees;

2) to constitute protocols on administrative offenses in the cases provided by this Law;

3) to request necessary information, explanations and references on the questions arising when making executive actions.

In case of the reclamation of information and references containing the data which are bank secrecy, the right of reclamation of such data shall be specified in court resolution;

4) in case of ambiguity of the requirements containing in executive documents based on which executive actions are made to take a legal action or other bodies which issued the executive document behind explanation of procedure for their execution;

5) to file the petition or other body for the questions which arose when making executive actions including on the issue of change of method and procedure for execution;

6) to call citizens and officials according to the executive documents which are in production;

To perform 7) in the organizations of any patterns of ownership in accordance with the established procedure control of execution of executive documents and maintaining financial documentation on them;

8) to enter the rooms and storages occupied or belonging to debtors, and also other persons in the presence of the data confirming stay at them the property belonging to the debtor, in case of need - compulsorily to open rooms and storages and to perform inspections in the presence of witnesses;

9) to describe, arrest, withdraw, transfer to storage and to realize in accordance with the established procedure distrained property, except for the property withdrawn from circulation according to the legislation;

10) ceased to be valid according to the Law of the Kyrgyz Republic of 16.12.2016 No. 207

11) to take measures to search of the property belonging to the debtor on which under the law collection can be turned;

12) in production process of executive actions to ask in necessary cases for the help the staff of law-enforcement bodies, homeland security and the military personnel of the Kyrgyz Republic;

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