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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 13, 2014 No. 58

About approval of the Method of calculation of expenses on enforcement proceeding

According to Item 6 of article 114 of the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives" and the subitem 3) Item 2 of article 7 of the Law of the Republic of Kazakhstan of March 18, 2002 "About judicial authorities", PRIKAZYVAYU:

1. Approve the enclosed method of calculation of expenses on enforcement proceeding.

2. To committee on execution of court resolutions of the Ministry of Justice of the Republic of Kazakhstan (to Eshmagambetov Zh. B.) in the procedure established by the legislation to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of this order on official publication and mass media within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan;

3) publication 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 deputy minister of justice of the Republic of Kazakhstan Azimova E. A.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister

B. Imashev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of February 13, 2014 No. 58

Technique of calculations of expenses for enforcement proceeding

1. General provisions

1. This Technique of calculations of expenses for enforcement proceeding (further - the Technique) is developed according to Item 6 of article 114 of the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of the legal executive" (further - the Law) and is applied to expense determination on enforcement proceeding.

2. Expenses on enforcement proceedings are the budgetary funds spent for their organization and carrying out, means of the parties of enforcement proceeding, the other persons and the organizations attracted with the legal executive in the course of execution.

2. Expense types on enforcement proceeding

3. The means spent on belong to expenses on making of executive actions:

1) identification, survey, assessment of property of the debtor;

2) organization and carrying out inventory and seizure of property of the debtor, transportation and storage of such property;

3) organization of realization of distrained property;

4) payment of translators, specialists and other persons involved in accordance with the established procedure in making of executive actions;

5) the transfer (transfer) by mail to the claimant of the collected amounts;

6) the banking expenses connected with issue of the collected amounts from the control account of cash and the current account;

7) search of the debtor;

8) advance installment of the claimant;

9) journey of the legal executive when making executive actions on all types of public transport - city, suburban and local messages (except taxi), including payment of traveling expenses of legal executives;

10) other necessary actions in the course of execution of the executive document;

11) other remunerations to persons involved by the legal executive in the course of execution.

3. Calculation of expenses for enforcement proceeding

4. The legal executive is calculated:

1) the expenses incurred on enforcement proceeding in case of the direction of letters (custom with the notification) and telegrams;

2) the fare of the legal executive to the place of making of performing actions on all types of public transport - city, suburban and local messages (except taxi), including payment of traveling expenses of legal executives:

fare (including fee on execution of travel documents, expenses on use in trains of bedding) to the place of making of executive actions, is performed in the amount of the actual expenses supported by travel documents, but fares are not higher:

by rail - in compartment car of the fast corporate train;

water transport - in cabin of the V group of the ocean ship of regular transportation lines and lines with complex servicing of passengers, in cabin of the II category of the river craft of all lines of the message, in cabin of the I category of the vessel of ferry crossing;

air transport - in salon of economy class;

road transport - in the vehicle public (except taxi).

3) expenses according to property of the debtor;

4) the cost of the rendered services of the involved experts;

5) cost on transportation (transportation) of property of the debtor;

6) expenses on storage of property of the debtor;

7) the cost of the notification about the forthcoming auction in mass media;

8) the amounts spent for the organization of the biddings for realization of property;

9) the amounts spent in case of payment of the translation (transfer) by mail to the claimant of the collected amounts;

10) the amounts spent for payment of the banking expenses connected with issue of the collected amounts from the control account of cash and the current account;

11) expenses the bodies performing search on search of the debtor;

12) other expenses and remunerations of persons spent when making performing actions.

13) the sums granted by the claimant on the current account of the private legal executive necessary for implementation of performing actions by it according to conditions of advancing reached between the claimant and the private bailiff.

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