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LAW OF THE KYRGYZ REPUBLIC

of January 28, 2017 No. 15

About the status of legal executives and about enforcement proceeding

(as amended on 28-10-2021)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on December 15, 2016

Section I. Basic provisions of enforcement proceeding

Chapter 1. Basic provisions

Article 1. Purposes, subject of regulation and coverage of this Law

1. The purpose of this Law is ensuring real, complete and timely execution of executive documents.

2. This Law governs the public relations arising in connection with execution of executive documents.

3. This Law determines legal, organizational and economic basis of enforcement proceeding, condition and procedure for voluntary and forced execution of executive documents, and also establishes legal status of legal executives and their power.

Article 2. Tasks and principles of enforcement proceeding

1. Task of enforcement proceeding is recovery of the violated rights, freedoms and legitimate interests of physical persons and legal entities.

2. The enforcement proceeding is performed on the principles:

1) legality and obligation of execution of executive documents;

2) timeliness of making of executive actions;

3) dispositivities;

4) procedural equality of the parties of enforcement proceeding;

5) independence of the legal executive;

6) immunity of minimum of the property necessary for existence of the debtor - physical person and members of his family.

Article 3. Legislation on the status of legal executives and on enforcement proceeding

The legislation on the status of legal executives and on enforcement proceeding and the legal basis of their activities is based on the Constitution of the Kyrgyz Republic, this Law and other regulatory legal acts of the Kyrgyz Republic, and also international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic.

Section II. Basic provisions of activities of legal executives

Chapter 2. Organization, procedure for activities and legal status of the legal executive

Article 4. Legal executive

1. Legal executive is the official who is in public service and carrying out the tasks assigned to him on forced execution of executive documents.

The legal executive performs execution of executive documents independently, irrespective of will of the third parties, submitting only to the Constitution of the Kyrgyz Republic and the law.

Legal executives have the single status. Features of legal status of some categories of legal executives can be established by this Law.

2. The legal requirements imposed by the legal executive on execution are obligatory for all bodies, the organizations, officials and citizens.

3. The legal executive shall perform the activities according to the legislation of the Kyrgyz Republic, take all measures to real, complete, timely and effective fulfillment of executive documents and not allow in the activities of infringement of the rights and legitimate interests of citizens and legal entities.

4. Legal executives on duty wear uniform, have distinction signs, emblem which samples affirm authorized body.

5. Special class ranks, procedure for assignment and which deprivations it is determined by the legislation of the Kyrgyz Republic are appropriated to legal executives.

6. The restrictions, prohibitions and obligations established by the legislation on public service extend to legal executives.

7. The official IDs of single sample approved by the head of the state authorized body are issued to legal executives (further - the Chief bailiff).

8. Materials of the legal executive on specific enforcement proceeding are inviolable and nobody has access rights to it without the consent of the legal executive, except cases, stipulated by the legislation the Kyrgyz Republic.

9. Person who got access to enforcement proceeding materials shall observe official secret.

Article 5. Organization of activities of legal executives

1. Legal executives consist under authorized state body, its territorial subdivisions.

2. Regulations on authorized state body, its structure and the number of staff affirm the chairman of the Supreme Court of the Kyrgyz Republic in coordination with Judicial council of the Kyrgyz Republic.

Article 6. Requirements imposed to the applicant for position of the legal executive

1. The citizen of the Kyrgyz Republic who reached twenty-one-year age, having the higher legal education, not having criminal record capable on the business and personal qualities can be the legal executive, and also for health reasons to fulfill the duties assigned to it.

2. Division manager of service of legal executives is the senior legal executive. The citizen of the Kyrgyz Republic meeting requirements imposed to legal executives and the having years of service of practical work as the legal executive at least three years can be the senior legal executive.

3. In case of assumption of office the legal executive in a festive atmosphere takes the oath of the following content:

"I.........., entering position of the legal executive, I swear: when implementing the powers to observe the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic and professional secrecy, to perform fairly, honesty and without prejudice the professional obligations, to be to worthy trust and respect, to promote raising of prestige of profession".

4. The legal executive enters position from the moment of signing of the oath.

Article 7. Procedure for position assignment and dismissal of legal executives

1. The chief bailiff is appointed to position and dismissed by the chairman of the Supreme Court of the Kyrgyz Republic with the consent of Judicial council of the Kyrgyz Republic.

2. The chief bailiff has the deputies appointed to position by the chairman of the Supreme Court of the Kyrgyz Republic on representation of the Chief bailiff following the results of competitive selection.

3. Heads of territorial administrations of the state authorized body (further - the chief bailiffs of areas) are appointed to position and dismissed by results of tender by the Chief bailiff.

4. Legal executives are appointed to position and dismissed by the Chief bailiff and the chief bailiffs of areas according to the legislation on public service and the labor law of the Kyrgyz Republic.

Article 8. Powers of authorized state body on the organization of activities of legal executives

1. Authorized state body:

1) exercises coordination and control of activities of the territorial subdivisions which are under its authority, divisions of services of legal executives;

2) forms specialized divisions of service of legal executives.

2. The authorized state body performs control and coordination of activities of legal executives according to regulations on authorized state body.

Article 9. Powers of the Chief bailiff

1. Chief bailiff:

1) performs management of activities of authorized state body, its territorial subdivisions, the chief bailiffs of area, the senior legal executives and legal executives, will organize and controls their work, hears their reports, applies measures of encouragement and authority punishment;

2) in cases and procedure, stipulated by the legislation the Kyrgyz Republic, participates in meetings of Jogorku Kenesh of the Kyrgyz Republic, the Government of the Kyrgyz Republic, in work of other state and other bodies, organizations, organizations for the questions which are within the competence of authorized state body;

3) within the established competence issues orders, instructions and orders concerning the organization of activities of authorized state body, its territorial subdivisions, legal executives;

4) will request legal executives for check from enforcement proceeding materials, documents and other data on course of execution of the executive document;

5) gives written instructions for enforcement proceeding, about production of these or those executive actions;

6) cancels illegal and unreasoned decisions, actions (failure to act) of the chief bailiff of area, the senior legal executive or legal executive and takes out new;

7) discharges the chief bailiff of area, the senior legal executive or the legal executive of further production of executive actions in case of assumption it violations of the law during enforcement proceeding;

8) participates in enforcement proceeding and in necessary cases personally makes separate executive actions or execution of the executive document in full for what the Chief bailiff has the right to accept execution of any executive documents which are subject to execution in the territory of the Kyrgyz Republic to the production;

Withdraws 9) from one legal executive or territorial subdivision and transfers to other legal executive or territorial subdivision enforcement proceeding materials for providing tasks of enforcement proceeding;

Appropriates 10) in accordance with the established procedure special class ranks;

11) is performed by consideration of claims of the parties of enforcement proceeding to decisions, actions (failure to act) of legal executives, performs personal reception of citizens;

12) performs other powers according to the legislation of the Kyrgyz Republic.

2. The chief bailiff bears stipulated by the legislation responsibility of the Kyrgyz Republic for accomplishment of the tasks assigned to legal executives.

Article 10. Powers of the chief bailiff of area

The chief bailiff of area within the territory of the respective area:

Will organize 1) and controls work of the territorial administration of authorized state body headed by it and bears the personal responsibility for accomplishment of the tasks assigned to legal executives;

2) within the established competence issues orders, will organize execution of orders, methodical recommendations, instructions and orders of the Chief bailiff;

3) in the procedure established by the legislation has the order right the current account of territorial administration of authorized state body and bears responsibility for its maintaining;

4) is performed by consideration of claims of citizens and legal entities to the decision, actions (failure to act) of legal executives according to the procedure of subordination, conducts reception of citizens;

5) constitutes the statistical activity reporting of territorial administration of authorized state body and will organize work on clerical work and maintaining archive;

6) will request legal executives for check from enforcement proceeding materials, documents and other data on course of execution of the executive document;

7) gives written instructions for enforcement proceeding, about production of these or those executive actions;

8) cancels illegal and unreasoned decisions, actions (failure to act) of the senior legal executive or legal executive and takes out new;

9) is brought by representation to the Chief bailiff about encouragement or involvement of the senior legal executive or legal executive to disciplinary responsibility, including about discharge of the senior legal executive or legal executive from further production of executive actions in case of assumption it violations of the law during enforcement proceeding;

10) participates in enforcement proceeding and in necessary cases personally makes separate executive actions or execution of the executive document in full for what the chief bailiff of area has the right to accept execution of any executive documents which are subject to execution in the corresponding territory to the production;

Withdraws 11) from one legal executive or territorial subdivision and transfers to other legal executive or territorial subdivision enforcement proceeding materials for providing tasks of enforcement proceeding;

12) performs other powers according to the legislation of the Kyrgyz Republic.

Article 11. Powers of the senior legal executive

To the senior legal executives except the rights and obligations specified in article 12 of this Law it is also assigned:

1) the organization and control of work of the territorial subdivision headed by it;

2) distribution of executive documents between legal executives;

3) consideration of the applications about branch and rejection of legal executives;

4) the order the deposit account of territorial subdivision, in the procedure established by the legislation, responsibility for its maintaining;

5) acceptance to the production execution of any executive documents which are subject to execution in the corresponding territory in case of impossibility of their execution by the corresponding legal executive;

6) introduction of representations to the chief bailiff of area about encouragement or about involvement of the legal executive to disciplinary responsibility, including about discharge of the legal executive from further production of executive actions in case of assumption it violations of the law during enforcement proceeding;

7) consideration of addresses of citizens and legal entities on actions of legal executives according to the procedure of subordination, implementation of their acceptance;

8) implementation of other powers according to the legislation of the Kyrgyz Republic.

Article 12. Rights and obligations of the legal executive

1. The legal executive has the right:

1) to issue decrees on the questions concerning execution;

2) to issue decrees on attraction to the Kyrgyz Republic of responsibility for violations established by the legislation;

3) to request necessary information, explanations and references on the questions arising when making executive actions with observance by the established legislation of requirements to disclosure of data, components the commercial, bank and protected by the law other secret. At the same time bodies, the organizations, officials and citizens shall present them to the legal executive without delay, and in the cases requiring processing, preparation of special documents - no later than three days;

4) in case of ambiguity of executive documents based on which executive actions are made to take a legal action, other body or the official who adopted the act behind explanation;

5) to bring submissions to court on the questions which arose when making executive actions including regarding delay, extension of the deadline for executing, about change of method and procedure for execution;

6) to call citizens and officials according to the executive documents which are in production;

To perform 7) in the organizations of any patterns of ownership of check of execution of executive documents and maintaining financial documentation on them;

8) to give instructions concerning making of specific executive actions;

9) with the consent of the debtor or other persons to enter the rooms and storages occupied or belonging to debtors, and also other persons in the presence of the data confirming finding at them of the property belonging to the debtor. In case of lack of consent of the debtor or other persons the legal executive has the right to enter the room and storage occupied or belonging to the debtor or other persons based on court resolution;

10) to describe, arrest, withdraw, transfer to storage and to realize in accordance with the established procedure distrained property, except for the property withdrawn from circulation according to the legislation of the Kyrgyz Republic;

11) to impose arrest accounts of debtors in banks and treasuries, and also on securities in the amount of, specified in the executive document;

12) to take measures to search of the property belonging to the debtor on which under the law collection can be turned;

13) in production process of executive actions to ask in necessary cases for the help bailiffs, the staff of law-enforcement bodies, homeland security and the military personnel of the Kyrgyz Republic;

14) to bring representations, to transfer to relevant organs materials on the facts of violations of requirements of this Law for which the legislation provides responsibility;

15) to set temporary restrictions on departure of the debtor from the Kyrgyz Republic;

15-1) to post on the official site of authorized state body of the photo and data of the debtor who is wanted;

16) to have other powers, stipulated by the legislation about enforcement proceeding.

2. The legal executive shall:

1) to take the measures provided by the law to real, complete and timely execution of the executive document;

To explain 2) to the parties of their right and obligation, provision of the law on responsibility and to actively help them with protection of their rights and interests protected by the law;

To provide 3) to the parties of enforcement proceeding or their representatives opportunity to have the rights and to fulfill duties, stipulated by the legislation;

4) to consider applications and petitions of the parties concerning enforcement proceeding and to accept on them resolutions in the cases established by this Law;

5) to declare rejection if it personally, is directly or indirectly interested in enforcement proceeding outcome, or there are other circumstances raising doubts in his impartiality;

6) to observe the office, commercial, bank and protected by the law other secret;

7) to observe professional ethics;

8) to fulfill other duties, stipulated by the legislation about enforcement proceeding.

Article 13. Responsibility of the legal executive

1. Non-execution or improper execution by the legal executive of the job responsibilities and powers assigned to it, making by the legal executive of offenses and offenses attracts the responsibility established by the legislation of the Kyrgyz Republic.

2. Decisions, actions (failure to act) of the legal executive can be appealed to the chief bailiff of area, the Chief bailiff or in court.

3. The damage caused by the legal executive is subject to compensation according to the procedure, provided by the civil legislation of the Kyrgyz Republic.

Article 14. Organizational and material logistics of activities of the legal executive

1. Organizational and material logistics of activities of authorized state body and legal executives is performed at the expense of means of the republican budget.

2. The salary of legal executives consists of official pay rate, the allowance for the class rank, length-of-service allowances, and also awards and other allowances.

3. Provision of leaves, provision of pensions, and also payment of allowances are made according to the legislation of the Kyrgyz Republic.

4. Legal executives in the office purposes are provided with the travel documents on all types of public transport of the city, suburban and local message (except for taxi and private motor transport) acquired by authorized state body at the relevant transport organizations according to the procedure, determined by the Government of the Kyrgyz Republic.

5. The monetary compensation in the sizes established by the Government of the Kyrgyz Republic is paid to the legal executives using the individual transport in the office purposes.

Article 15. Social guarantees of activities of the legal executive

1. Are subject to compulsory national insurance at the expense of means of the republican budget:

1) life and health of the legal executive;

2) responsibility of the legal executive for property tort of other persons.

The procedure and conditions of compulsory national insurance are established by the legislation of the Kyrgyz Republic.

2. Office housing or compensation of costs in connection with lease of housing is provided to the legal executive needing housing or its improvement or financial resources for improvement of housing conditions from means of the government budget are allocated.

Office housing is allocated in the place of implementation by the legal executive of the powers. The size of the area of office housing cannot be less than 20 square meters of the living space falling on each member of the family of the legal executive.

3. In case of death of the legal executive in connection with execution of service duties or his death after dismissal owing to wound, injuries, diseases got during implementation of activities of the legal executive to family of the died (dead) are made payments according to the legislation of the Kyrgyz Republic.

Section III. General provisions of enforcement proceeding

Chapter 3. Bodies of forced execution, types of executive documents

Article 16. Bodies of forced execution

1. Forced execution of executive documents is assigned to legal executives of authorized state body.

2. The status, the rights and obligations of legal executives are determined by this Law.

Article 17. Types of executive documents

1. Executive documents is:

1) the writs of execution issued based on court resolutions including on sentences of courts regarding property penalties (further - writs of execution);

2) writs;

3) determinations of court and the judge's rulings issued according to the procedure of providing the claim, compensation of damage and possible confiscation of property and also on cases on violations;

4) notarially certified agreements on payment of the alimony;

5) executive texts of notaries;

6) the decrees issued by state bodies, local government bodies or officials, representatives to consider the cases on violations regarding property penalties including which are drawn up in electronic form which legal force is confirmed by the digital signature of the official, the representative to consider cases on violations;

7) the certificates issued based on decisions of the commissions on employment disputes and trade-union bodies;

8) resolutions of the legal executive on collection of cash coercion, imposing of cash collection in the form of performing collection, about collection of expenses on execution;

9) acts of other state bodies, local government bodies and officials in the cases provided by the law.

2. In case of loss of the original of the executive document the court or other body, official or other authorized person which issued the executive document or took out the act based on which the lost executive document was issued can issue the duplicate which is valid the original.

Copies executive documents are not, except as specified, 6 parts of 1 this Article provided in Item.

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