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Home / RLA / Article 138. Fundamentals of the activity of a private bailiff of the Law on Enforcement Proceedings and the Status of Bailiffs

Article 138. Fundamentals of the activity of a private bailiff of 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 138. Fundamentals of the activity of a private bailiff of the Law on Enforcement Proceedings and the Status of Bailiffs

     1. All enforcement documents provided for by this Law, with the exception of enforcement documents on:

     1) collection from the state;

     2) recovery from a legal entity, fifty percent or more of the voting shares (participation shares in the authorized capital) of which belong to the state and affiliated legal entities;

     3) collection from subjects of natural monopolies;

     4) recovery in favor of the state, for which the amount of recovery exceeds thousands of monthly calculation indices;

     5) confiscation of property or transfer of property to the state;

     6) eviction, relocation, demolitions, seizures of land plots and other categories of cases carried out in the interests of the state.

      2. Excluded by the Law of the Republic of Kazakhstan dated 29.10.2015 No. 376-V (effective from 01.01.2016).

     3. The exclusive competence of private bailiffs includes the execution of enforcement documents on recovery in favor of individuals and legal entities, with the exception of enforcement documents provided for in paragraph 1 of this Article.

     4. Enforcement actions are performed by a private bailiff on a reimbursable basis. Payment for enforcement actions performed by a private bailiff is carried out in accordance with the amounts established by this Law.

     5. Private bailiffs are not subject to the provisions of the legislation of the Republic of Kazakhstan on enforcement proceedings and the status of bailiffs regarding the recovery of enforcement sanctions from the debtor.

 

 

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

  

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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