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Home / RLA / Article 1. The basic concepts used in this Law are the Law on Enforcement Proceedings and the Status of Bailiffs

Article 1. The basic concepts used in this Law are the Law on Enforcement Proceedings and the Status of Bailiffs

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 1. The basic concepts used in this Law are the Law on Enforcement Proceedings and the Status of Bailiffs

     The following basic concepts are used in this Law:

     1) enforcement proceedings – measures aimed at the compulsory execution of enforcement documents with the recovery from the debtor of enforcement sanctions, penalties, costs of enforcement proceedings, payment for the activities of a private bailiff;

     1-1) The State automated information system of enforcement proceedings is an information system designed to electronically record enforcement proceedings, automate the procedural actions of a bailiff, and obtain data on the progress of enforcement proceedings by the parties to the enforcement proceedings.;

     2) The Unified Register of Debtors is a unified electronic database containing information about debtors in enforcement proceedings;

     3) unified electronic trading platform – an information system, a set of databases, technical, software, telecommunications and other means that enable the input, storage and processing of information necessary for conducting an electronic auction, providing a single publicly accessible access point to participants of an electronic auction;

     3-1) The Republican Chamber of Private Bailiffs (hereinafter referred to as the Republican Chamber) is a non–profit, professional organization that coordinates the activities of private bailiffs and their compliance with the legislation of the Republic of Kazakhstan on enforcement proceedings and the status of bailiffs;

     3-2) the regional Chamber of Private Bailiffs is a branch of the Republican Chamber in the region;

     4) private bailiff is a citizen of the Republic of Kazakhstan engaged in private practice in the execution of enforcement documents without forming a legal entity on the basis of a license for the right to engage in the execution of enforcement documents (hereinafter referred to as the license of a private bailiff) issued by an authorized body;

     5) state bailiff – an official who is in public service and performs the functions assigned to him by law to take measures aimed at the enforcement of enforcement documents.;

     5-1) simplified production – automated execution of enforcement documents carried out by a territorial body through the state automated information system of enforcement proceedings;

     5-2) a resolution in simplified proceedings is a procedural document of a territorial body, which records the procedural decision taken in the framework of simplified proceedings, certified by an electronic digital signature of the head of the territorial body or his deputy.;

     6) bailiff – a state bailiff and a private bailiff who perform the functions assigned to them by law to take measures aimed at the enforcement of enforcement documents, and who have equal rights and obligations for exceptions provided for by this Law.;

     7) the decision of the bailiff is a procedural document in which the procedural decision taken by the bailiff in the course of enforcement proceedings is recorded.;

     8) full compulsory execution – execution of a writ of execution in full during the period when it is in the custody of the bailiff.;

     9) authorized body – a state body responsible for the implementation of state policy and state regulation of activities in the field of enforcement of executive documents;

     9-1) socially significant category of cases – executive documents on the recovery of alimony, wages, pensions, benefits, compensation for damage caused to life and health;

     10) electronic auction is a method of electronic bidding in the form of an auction, in which seized property is sold using a single electronic trading platform on the basis of equal access to them by all potential buyers.

 

 

The Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV.

 

  

President    

Republic of Kazakhstan     

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The report does not provide for consideration of the issue of paying the employee the average salary or the difference in wages during the delay in the execution of the decision of the conciliation commission or the court (as part of enforcement proceedings on the recommendation of the bailiff or filing a separate statement of claim).

The report does not provide for consideration of the issue of paying the employee the average salary or the difference in wages during the delay in the execution of the decisi...

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