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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 20, 2015 No. 100

About approval of Rules of realization of distrained property, including at the biddings in the form of electronic auction

(as amended on 02-03-2022)

According to item 4 of article 74 of the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives", I ORDER:

1. Approve Rules of realization of distrained property, including at the biddings in the form of electronic auction, according to appendix 1 to this order.

2. To provide to department on execution of court resolutions of the Ministry of Justice of the Republic of Kazakhstan:

1) state registration of this order and its official publication in information system of law of Ad_let and in periodic printing editions;

2) placement 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 Abd_rayy B. Zh.

4. Recognize invalid some orders of the Minister of Justice of the Republic of Kazakhstan, according to appendix 2 to this order.

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

Minister

B. Imashev

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of February 20, 2015 No. 100

Rules of realization of distrained property, including at the biddings in the form of electronic auction

Chapter 1. General provisions

1. Rules of realization of distrained property, including at the biddings in the form of electronic auction (further - Rules) establish procedure for realization of distrained property, not settled by the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives".

2. In these rules the following concepts are used:

1) United electronic market place (further - UEMP) - 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;

2) the operator of UEMP - the organization providing services in realization of property;

3) E-legal aid - the information system intended for automation of lawyer activities and activities of legal consultants;

4) lot - the property of the debtor or the third party consisting of one subject, either complex of homogeneous objects, or complex of objects, realized at auction;

5) 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;

6) the announcement - information on the forthcoming realization of property on UEMP;

7) 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;

8) the participant of electronic auction - the physical person or legal entity conforming to the established requirements and properly drawn up the request;

9) the winner of electronic auction - the participant of electronic auction who confirmed the announced price of lot and satisfied conditions of running an electronic auction;

10) technical failure of electronic trading platform - the technical malfunctions of electronic trading platform excluding possibility of participation in the procedure of electronic auction at least of one participant and/or excluding technical capability to carry out servicing of running an electronic auction to workers of the operator of an electronic trading platform;

11) the digital signature (further - the EDS) - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

Chapter 2. Implementation of securities

3. Implementation of securities is made through the professional participants of the security market having the corresponding license for the right of implementation of broker and dealer activities in the security market (further - the professional participant).

4. About implementation of securities through professional participants the legal executive issues the decree.

5. Professional participants realize securities according to requirements of the legislation of the Republic of Kazakhstan about the security market.

Chapter 3. Sale on commission of distrained property

6. Sale of the arrested perishable property (further - property) is performed on the commission beginnings through subjects of trading activity.

7. The decision on exposure of property for sale on the commission beginnings is made by the legal executive about what issues the relevant decree.

8. The cession of property for sale to the subject of trading activity is made by the delivery-acceptance certificate.

Chapter 4. Preparation for running an electronic auction

9. No. 256 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 05.05.2015

10. No. 256 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 05.05.2015

11. No. 256 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 05.05.2015

12. No. 256 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 05.05.2015

13. No. 256 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 05.05.2015

14. The decision on exposure of distrained property to electronic auction is made by the legal executive about what issues the relevant decree.

15. The distrained property is not offered for electronic auction without proper notice or acquaintance of the debtor and the claimant about the made assessment and provisions of ten calendar days by it for appeal of results of assessment. Calculation of the specified term begins from the date of the notification or acquaintance of the debtor and the claimant about the made assessment. The exception is constituted by cases of finding of the debtor in search that is not obstacle for the address of collection on its property.

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