ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of April 20, 2015 No. 221

About approval of the standard of the state service "Excitement of Enforcement Proceeding based on the Executive Document according to the Statement of the Claimant"

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", I ORDER:

1. Approve the enclosed standard of the state service "Excitement of Enforcement Proceeding based on the Executive Document according to the Statement of the Claimant".

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;

2) official publication of this order in periodic printing editions and in information system of law of Ad_let within ten calendar days after its state registration;

3) placement 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 Responsible secretary of the Ministry of Justice Beketayev M. B.

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

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of April 20, 2015, No. 221

Standard of the state service "Excitement of Enforcement Proceeding based on the Executive Document according to the Statement of the Claimant"

Chapter 1. General provisions

1. The state service "Excitement of Enforcement Proceeding based on the Executive Document according to the Statement of the Claimant" (further - the state service).

2. The standard of the state service (further - the Standard) is developed by the Ministry of Justice of the Republic of Kazakhstan (further - the Ministry).

3. The state service appears territorial authorities of justice (further - the service provider) in the place of making of executive actions.

Reception of an application and issue of result of rendering the state service is performed through:

1) service provider;

2) non-commercial joint-stock company "The Government for Citizens state corporation (further - the State corporation);

3) web portal of "the electronic government": www.egov.kz (further - the portal).

Chapter 2. Procedure for rendering the state service

4. Terms of rendering the state service:

1) from the moment of delivery of document package uslugopoluchatel (to the service provider, and (or) in the State corporation, addresses on the portal) - 3 (three) working days;

2) the most allowed time of expectation for delivery of document package uslugopoluchatel (to the service provider, and (or) in the State corporation), - 15 (fifteen) minutes;

3) the most allowed time of servicing of uslugopoluchatel - 15 (fifteen) minutes.

5. Form of rendering the state service - paper/electronic.

6. Result of rendering the state service - the resolution of the state legal executive on excitement of enforcement proceeding or on refusal in excitement of enforcement proceeding on the bases, stipulated in Item 10 these Standards.

7. The state service is rendered free of charge - to physical persons and legal entities (further - uslugopoluchatel).

8. Working schedule:

1) the service provider - Monday through Friday inclusive, from 9:00 to 18:30 o'clock, with lunch break from 13:00 till 14:30 o'clock, except for days off and holidays, according to the labor law of the Republic of Kazakhstan.

Reception of an application and issue of result of rendering the state service - from 9:00 till 17:30 o'clock with lunch break from 13:00 till 14:30 o'clock.

The state service is rendered in turn, without making an appointment and the accelerated servicing;

2) the State corporation - Monday through Saturday inclusive, except for Sunday and holidays, according to the labor law of the Republic of Kazakhstan, according to the established working schedule of the State corporation from 9:00 till 20:00 o'clock without interruption for lunch.

Acceptance is performed according to the procedure of "electronic" queue, in the place of making of executive actions without the accelerated servicing, possibly booking of electronic queue by means of the portal.

3) the portal - round the clock, except for technical breaks in connection with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the Labor Code of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service is performed the next working afternoon).

9. The list of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (to physical person - his representative under the notarial power of attorney, the legal entity - according to the document, confirming powers) to the service provider or in the State corporation (further - the Document package):

1) the statement in form, according to appendix 1 to this Standard;

2) the executive document, depending on the address basis for rendering the state service:

the writ of execution issued based on court resolution with application of a copy of the court resolution with mark about the introduction in legal force certified by the signature of the judge and seal of court;

the writ issued according to the civil procedural legislation of the Republic of Kazakhstan;

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 with application of a copy of the court resolution with mark about the introduction in legal force certified by the signature of the judge and seal of court;

the writs of execution issued based on determination of court about forced execution of arbitral decisions with application of a copy of the court resolution with mark about the introduction in legal force certified by the signature of the judge and seal of court;

determinations of courts about providing the claim or discharge of the security of the claim;

executive text;

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