Article 126. The rights and obligations of the bailiff when performing enforcement actions The Law on Enforcement Proceedings and the Status of Bailiffs

Home / RLA / Article 126. The rights and obligations of the bailiff when performing enforcement actions The Law on Enforcement Proceedings and the Status of Bailiffs

1. The bailiff, in accordance with the procedure established by law, has the right:

1) to make decisions on issues related to the execution of;

2) draw up protocols on administrative offenses (with the exception of a private bailiff);

3) to receive, free of charge, the necessary information, explanations and certificates on issues arising during the performance of executive actions, in compliance with the requirements established by legislative acts of the Republic of Kazakhstan for the disclosure of information constituting commercial, banking and other legally protected secrets. At the same time, individuals and legal entities are obliged to provide them to the bailiff immediately, and in cases requiring processing and preparation of special documents, no later than three working days.;

3-1) reveals the existence of enforcement proceedings against other bailiffs;

4) apply to the court or other bodies that issued the executive document for clarification in case of ambiguity of the executive documents on the basis of which the executive actions are performed;

5) submit submissions to the court on issues that have arisen during the performance of enforcement actions, including changes in the method and procedure of execution;

6) summon citizens and officials according to the executive documents that are in production;

7) to carry out inspections of the execution of executive documents in organizations and maintain documentation on them;

8) give instructions to participants in enforcement proceedings and other persons on the issues of specific enforcement actions;

9) enter premises and storages occupied or owned by debtors, as well as other persons, if there is evidence confirming that they have property belonging to the debtor. If necessary, without the participation of the debtor, forcibly open the premises and storages, carry out inspections in the presence of witnesses.;

10) be promptly accepted by the heads and other officials of state bodies and organizations on issues related to the execution of executive documents;

11) to seize debtors' money in banks and securities in accordance with the procedure provided for by this Law;

12) temporarily seize property until its ownership is clarified, in compliance with the rules provided for in paragraph 1 of Article 63 of this Law.;

13) to seize, transfer for storage and sell the seized property;

14) in accordance with the procedure established by the legislation of the Republic of Kazakhstan, use the premises of organizations for storage of seized property, transport of the recoverer and the debtor for transportation of this property;

15) if necessary, involve employees or divisions of the internal affairs bodies to ensure the execution of enforcement documents;

16) submit to the body of criminal prosecution an idea on bringing to criminal responsibility persons who maliciously evade the execution of judicial acts;

16-1) submit to the internal affairs bodies of the Republic of Kazakhstan a submission on the suspension of a permit for the acquisition, storage, storage and carrying of civilian weapons and ammunition by an individual who is a debtor in the event of an organization of forced eviction, demolition;

17) instruct bailiffs of another territorial body and (or) department or executive district to perform separate enforcement actions if such a need arose during the execution of the enforcement document.;

18) perform other actions stipulated by the legislation of the Republic of Kazakhstan on enforcement proceedings and the status of bailiffs.

2. The bailiff is obliged to:

1) take measures aimed at the enforcement of court acts, including court rulings on securing a claim and approving a settlement agreement, as well as acts of other bodies in cases provided for by legislative acts of the Republic of Kazakhstan;

2) provide, no later than three working days following the day of the appeal, the parties or their representatives with the opportunity to get acquainted with the materials of the enforcement proceedings, make extracts from them, and make copies;

3) to consider, within five working days, applications regarding enforcement proceedings and petitions of the parties and to make decisions on them, to clarify the terms and procedure for their appeal and protest, to recuse himself if he is personally, directly or indirectly interested in the outcome of enforcement proceedings or there are other circumstances that cast doubt on his impartiality.;

3-1) make audio, photo, and video recordings during the execution of enforcement documents related to eviction, relocation, demolition, as well as during the inventory and seizure of property;

3-2) in case of forced eviction or demolition, apply to the internal affairs bodies of the Republic of Kazakhstan for information on the availability of a permit for the acquisition, storage, storage and carrying of civilian weapons and ammunition by an individual who is a debtor.;

3-3) no later than one working day following the day of fulfillment of the requirements of the enforcement document or the emergence of grounds for revoking the temporary suspension of the permit for the acquisition, storage, storage and carrying of civilian weapons and ammunition by an individual, issues a resolution on the lifting of this restriction. Copies of the said resolution are immediately sent to the debtor and to the internal affairs bodies of the Republic of Kazakhstan.;

4) perform other actions stipulated by the legislation of the Republic of Kazakhstan on enforcement proceedings and the status of bailiffs.

3. The bailiff is obliged to prevent infringement of the rights and legitimate interests of individuals and legal entities in his activities.

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

President

Republic of Kazakhstan

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