Article 118. Rules for determining the amount of payment for the activities of a private bailiff of the Law on Enforcement Proceedings and the Status of Bailiffs
1. Payment for the activities of a private bailiff shall be made within the framework of enforcement proceedings at the expense of the debtor, except in cases provided for by this Law, and shall be set at an amount from three to twenty-five percent, depending on the category of cases and the amount of the penalty, with limits of no more than ten thousand monthly calculation indices.
According to the executive documents on the procedure for communicating with a child, payment for the activities of a private bailiff is assigned in equal shares to the recoverer and the debtor.
According to the enforcement document on securing the claim, payment for the activities of a private bailiff is collected from the party that filed the petition for interim measures.
According to the enforcement document on the cancellation of the claim, payment for the activities of a private bailiff is collected from the person who filed a petition for interim measures and to whom the claim was denied. In case of satisfaction of the claim, payment for the activities of a private bailiff under an enforcement document on the cancellation of the claim is collected from the person against whom the interim measures have been taken.
According to non-property enforcement documents, the payment for the activities of a private bailiff is set in monthly calculation indices.
2. Payment for the activities of a private bailiff is made only in the case of full or partial execution of the enforcement document. If the enforcement document of a property nature is partially executed, then only a part of the payment for its activities is paid to the private bailiff, in proportion to the amount recovered or the value of the property.
Payment for the activities of a private bailiff is not collected if the debtor executes the enforcement document before submitting it for enforcement.
3. A private bailiff may charge amounts for the payment of his services only in the amounts provided for in this article and established by the authorized body. A private bailiff is prohibited from changing the established amounts of payment for his activities.
4. The amount of payment for the activities of a private bailiff is approved by the authorized body.
5. The benefits for recoverers – individuals and legal entities, provided for by the legislation of the Republic of Kazakhstan, apply to these persons when performing enforcement actions.
6. No payment shall be charged for the activities of a private bailiff in enforcement proceedings initiated on the basis of enforcement documents provided for in subparagraphs 9) and 10) of paragraph 1 of Article 9 of this Law.
The Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV.
President
Republic of Kazakhstan
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