ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2015 No. 652

About approval of Rules for apportionment of executive documents by means of the state automated information system of enforcement proceeding between private legal executives

According to the subitem 2) of Item 1 of article 162 of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives" I ORDER:

1. Approve the enclosed Rules for apportionment of executive documents by means of the state automated information system of enforcement proceeding between private legal executives.

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 periodic printing editions and in information system of law of Ad_let;

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 Responsible secretary of the Ministry of Justice of the Republic of Kazakhstan 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 December 29, 2015 No. 652

Rules for apportionment of executive documents by means of the state automated information system of enforcement proceeding between private legal executives

Chapter 1. General provisions

1. These rules of distribution of executive documents by means of the state automated information system of enforcement proceeding between private legal executives are developed according to the subitem 2) of Item 1 of article 162 of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives" (further - the Law) and determine procedure for distribution of executive documents by means of the state automated information system of enforcement proceeding between private legal executives.

Chapter 2. Procedure for distribution of executive documents

2. Are subject to distribution between private legal executives by means of the state automated information system of enforcement proceeding:

1) the executive documents which arrived in regional chamber of private legal executives (further – regional chamber) on paper or in electronic form.

2) the enforcement proceedings which are on execution at private legal executives whose licenses it is suspended, stopped or the private legal executives excluded from membership of Republican chamber (further – Republican chamber) who are absent long time (more than one month) which arrived on territoriality;

3) executive documents of the acting private legal executives in case of education, reorganization or closing of offices of private legal executives of the separate executive documents of category specializing in execution.

Executive documents are distributed by regional chamber by means of the state automated information system of enforcement proceeding (further – AISOIP).

3. In case of distribution of executive documents between private legal executives are considered:

1) place of registration of the debtor and office of the private legal executive;

2) the petition of the private legal executive specializing on collection of alimentary payments.

The executive document is subject to distribution among private legal executives of the area, city of the debtor corresponding to place of registration. In case of absence around the private legal executive, the executive document is distributed between the private legal executives assigned to this area.

Distribution of executive documents to the private legal executives who are not registered or not fixed to the area of registration of the debtor is not allowed.

Suspension of distribution of executive documents to the private legal executives who are at the same time holding unpaid position of the head of regional chamber, his deputy, and also other unpaid position in governing bodies of Republican chamber based on their corresponding statement is allowed.

In the presence of the statement of the claimant, the executive document is distributed to that private legal executive who is specified in the statement and is registered or fixed to the area of registration of the debtor. In case of lack of such statement the executive document is subject to distribution between private legal executives.

4. Distribution and transfer of executive documents to private legal executives is performed by regional chamber within one working day from the moment of approach of the circumstances which formed the basis for their receipt in regional chamber, and in cases when the court resolution is subject to immediate execution, – distribution of the executive document is performed without delay from the moment of its receipt.

5. Control of uniform distribution of executive documents between private legal executives is exercised by Republican chamber.

6. Acceptance of the executive documents which arrived from regional chamber on paper are performed purposely by private legal executives within three working days.

In case of finding of office of the private legal executive outside the cities of republican value, the regional centers, the executive document goes the registered mail, with the corresponding mark about obtaining.

Together with the executive document the materials attached to it are subject to transfer.

7. The private legal executive who received the executive document within three working days notifies on it the claimant.

The report on distribution of executive documents between private legal executives is created in AISOIP.

8. The private legal executive, in cases, suspensions or cancellation of the license, or exception of membership of Republican chamber, temporary substitution (labor or educational leave, disease, business trip), within three working days, transfers enforcement proceeding materials to other private legal executive and informs on it the relevant regional chamber.

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