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ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of July 8, 2014 No. 70

About creation of centralized databank of persons which did not fulfill obligations according to executive documents and also persons which voluntarily did not perform resolutions on imposing of administrative penalty (centralized databank of debtors), and approval of the Instruction for its maintaining

(as amended on 15-02-2021)

For the purpose of implementation of the subitem 14) of Item 3 of article 12 of the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting" I ORDER:

1. Create centralized databank of persons which did not fulfill obligations according to executive documents and also persons which voluntarily did not perform resolutions on imposing of administrative penalty (centralized databank of debtors).

2. Approve the enclosed Instruction for maintaining centralized databank of persons which did not fulfill obligations according to executive documents and also persons which voluntarily did not perform resolutions on imposing of administrative penalty (centralized databank of debtors).

3. To send this order to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):

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

2) to subjects of legal statistics and special accounting, and also territorial authorities of Committee for execution.

4. To impose control of execution of this order on the Chairman of Committee.

5. This order becomes effective from the date of its first official publication.

Attorney-General of the Republic of Kazakhstan

A. Daulbayev

Approved by the Order of the Attorney-General of the Republic of Kazakhstan of July 8, 2014 No. 70

The instruction for maintaining centralized databank of persons which did not fulfill obligations according to executive documents and also persons which voluntarily did not perform resolutions on imposing of administrative penalty (centralized databank of debtors)

1. General provisions

1. This Instruction for maintaining centralized databank of persons which did not fulfill obligations according to executive documents and also persons which voluntarily did not perform resolutions on imposing of administrative penalty (centralized databank of debtors) (further – the Instruction) is developed according to the subitem 14) of Item 3 of article 12 of the Law of the Republic of Kazakhstan of December 22, 2003 of Article 12.

2. Maintaining centralized databank of debtors

2. The centralized databank of debtors (further - TsBDD) contains data:

1) about the debtors who did not fulfill obligations according to executive documents;

2) about the debtors who did not perform the resolution on imposing of administrative punishment in the form of penalties.

3. TsBDD is created based on data of the automated information systems of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - AIS KPSIS) provided by state bodies authorized to reveal administrative offenses and (or) to consider cases on administrative offenses (further - subjects of administrative practice) according to the order of the acting as the Attorney-General of the Republic of Kazakhstan of July 10, 2020 No. 85 "About approval of Rules of maintaining the Unified register of administrative productions" (it is registered in the Register of state registration of regulatory legal acts for No. 20962) (further - the order No. 85) and bodies of enforcement proceeding based on information accounting documents, provided by the order of the acting as the Attorney-General of the Republic of Kazakhstan of January 15, 2020 No. 10 "About approval of report form No. 4 "About work on execution of court resolutions" and Instructions for its forming" (it is registered in the Register of state registration of regulatory legal acts for No. 19882).

4. The information about the debtors who voluntarily did not fulfill obligations on administrative penalties contains in AIS "Special Accounting" КПСиСУ and arrives in TsBDD automatically after 30 calendar days from the date of the introduction in legal force of the resolution on imposing of administrative punishment in the form of penalty, in the absence of mark about payment of penalty.

Completeness and reliability of data of AIS KPSIS are provided by the head of the subject of administrative practice.

5. Data according to the executive documents specified in article 9 of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives" (further - the Law), contain in AIS of Department on execution of court resolutions of the Ministry of Justice of the Republic of Kazakhstan (further - DISA) and arrive in TsBDD automatically through AIS KPSIS.

The result about the termination of enforcement proceeding by the legal executive is without delay entered into AIS DISA.

6. From TsBDD the following information is provided:

Data on administrative offenses in form according to appendix 1 to this Instruction:

1) surname, name, middle name (in case of its availability) physical person, or the name of the legal entity;

2) birth date;

3) residence (republic, area, area, settlement);

4) the name of the body which revealed offense;

5) place of employment, criteria of the relation to public service;

6) the body which considered material (the protocol, case);

7) number of material (protocol, case);

8) qualification of offense;

9) date of making (detection) of offense;

10) date of consideration of the case;

11) the size of the imposed fine of tenge.

Data according to executive documents in form according to appendix 2 to this Instruction:

1) the name of the debtor (for physical person - surname, name, middle name (in case of its availability), IIN; for the legal entity - (the name, the BIN);

2) number of writ of execution (document);

3) date of removal of court resolution (resolution of body);

4) date of excitement of enforcement proceeding, name of territorial authority;

5) number of civil, criminal, administrative case;

6) Categories of requirements:

collection of penalties;

collection of the state fee;

confiscation of property;

collection of property nature;

collection of the alimony;

collection of the salary;

collection of pension and benefit;

collection for benefit of banks of the second level;

collection on sentences;

collection of the performing sanction;

collection of the amounts;

collection of the material damage caused by crime;

collection of material damage;

7) the made decision on restriction of departure of the debtor out of limits of the Republic of Kazakhstan: (day, month, year);

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