Article 10. Resolution of the Bailiff of the Law on Enforcement Proceedings and the Status of Bailiffs

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1. Decisions on enforcement proceedings taken by a bailiff from the date of presentation of the enforcement document for execution shall be formalized by resolutions, with the exception of the cases provided for in paragraph 2 of Article 47 of this Law.

Rulings certified by the bailiff's electronic digital signature are equivalent to rulings on paper.

2. The decision of the bailiff must specify:

1) the name and address of the territorial department or the address of the office of a private bailiff;

2) the date of the ruling;

3) the position, surname and initials of the person who issued the resolution;

4) the name and number of the enforcement proceedings on which the resolution is being issued.

The decision on refusal to initiate enforcement proceedings shall specify the name and number of the enforcement document.;

5) the issue on which the resolution is being made;

6) the grounds for the decision being taken with reference to laws and other regulatory legal acts;

7) the operative part of the resolution reflecting the decision taken on the merits of the issue;

8) the procedure for appealing the decision.

3. The bailiff has the right, on his own initiative or at the request of the persons participating in the enforcement proceedings, to correct the typos or obvious arithmetic errors made by him in the resolution. These corrections are made by a resolution on amendments to an earlier resolution.

4. The cancellation of the decision of the state bailiff is carried out by the corresponding decision of the head of the territorial department – the senior bailiff.

The cancellation of the decision of a private bailiff is carried out by the private bailiff who issued it, or by another private bailiff to whom the enforcement document has been transferred, including on the basis of a judicial act or a protest by the prosecutor.

5. The decision of the bailiff comes into force from the date of its issuance, is subject to mandatory execution and may be appealed to the court within ten working days in accordance with the procedure established by the legislation of the Republic of Kazakhstan on administrative proceedings.

6. Standard forms of bailiffs' decisions are approved by the authorized body.

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

President

Republic of Kazakhstan

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