ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of November 27, 2015 No. 595

About approval of Rules of payment of the activities of the private legal executive connected with execution of executive documents on collection of the alimony and the salary

According to item 4 of Article 117-1, the subitem 11) of article 167 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 the enclosed Rules of payment of the activities of the private legal executive connected with execution of executive documents on collection of the alimony and the salary.

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 in the 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 since January 1, 2016 and is subject to official publication.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of November 27, 2015, No. 595

Rules of payment of the activities of the private legal executive connected with execution of executive documents on collection of the alimony and the salary

1. These rules of payment of the activities of the private legal executive connected with execution of executive documents on collection of the alimony and the salary (further - Rules), are developed according to the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives" (further - the Law on enforcement proceeding) and determine payment procedure of the activities of the private legal executive connected with execution of executive documents on collection of the alimony and the salary.

2. Payment of activities of the private legal executive is performed on socially important categories of cases:

1) about collection of the alimony in case of:

debt availability three and more months in connection with search of the debtor;

absence at the debtor of the permanent income, place of employment and property on which it is possible to turn collection;

2) about collection of the salary in the absence of money and property on which it is possible to turn collection.

3. The payment of activities of the private legal executive connected with execution of executive documents on collection of the alimony and the salary in cases and procedure, the stipulated in Clause 117-1 Law on enforcement proceeding is financed by means of the republican budget for the budget program which administrator is the Ministry of Justice of the Republic of Kazakhstan.

4. Payment of activities of the private legal executive for problem executive documents on collection of the alimony and the salary is made by territorial authorities of justice based on the report of the private legal executive on making of executive actions according to appendix to these rules.

5. The report contains data about the following executive actions made by the private legal executive:

1) according to the executive document on collection of the alimony in the presence of debt three and more months in connection with search of the debtor:

resolution on excitement of enforcement proceeding;

the notice of each of the parties on excitement of enforcement proceeding, with application of documents, confirming sending or services of notice;

data on lack of pension assignments, not later than three months to the direction of the report in authorized body;

data on lack of personal and real estate (requests and replies of registering bodies) not later than three months to the direction of the report in authorized body;

exposure of temporary restriction to departure of the physical person which is the debtor, from the Republic of Kazakhstan after the appeal expiration, according to Item 5 of article 10 of the Law on enforcement proceeding (with application of documents, confirming sending or delivery);

the resolution of the private legal executive on the announcement authorized by the prosecutor in search of the debtor, with application of documents, confirming departure in police agencies with mark about obtaining;

the resolution on determination of debt in three and more months concerning the debtor;

the act of departure at the place of residence of the debtor in form, according to appendix 2 to these rules;

2) according to the executive document on collection of the alimony in case of absence at the debtor of the permanent income, place of employment and property on which it is possible to turn collection:

resolution on excitement of enforcement proceeding;

the notice of each of the parties on excitement of enforcement proceeding, with application of documents, confirming sending or service of notice;

data on lack of pension assignments, not later than three months to the direction of the report in authorized body;

data on lack of personal and real estate (requests and replies of registering bodies) not later than three months to the direction of the report in authorized body;

the resolution on determination of debt confirming non-execution of maintenance obligations by the debtor more than three months;

exposure of temporary restriction to departure of the physical person which is the debtor, from the Republic of Kazakhstan after the appeal expiration, according to Item 5 of article 10 of the Law on enforcement proceeding (with application of documents, confirming sending or delivery);

notification on need of employment of the debtor;

the materials directed to territorial authority of justice for creation of the protocol on administrative offense;

statement of the claimant for involvement of the debtor to criminal liability;

the idea of criminal prosecution of the debtor evading from execution of the court ruling brought in criminal prosecution authority.

In case of the direction of materials and representations, the specified in paragraphs eight and the ninth the subitem 2) of Item 5 of these rules for involvement of the debtor to administrative or criminal liability, to materials and representations the following documents shall be enclosed:

resolution on excitement of enforcement proceeding;

the documents confirming the warning of the debtor of the administrative responsibility for non-executions of the executive document;

notifications or requirements about need of execution of the court ruling, with application of documents, confirming their sending or delivery;

statement of the claimant for involvement of the debtor to criminal liability;

resolutions on determination of debt of the debtor in three and more months;

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