Article 143. Suspension of the license of a private bailiff of the Law on Enforcement Proceedings and the Status of Bailiffs
1. The suspension of the license of a private bailiff is carried out by a decision of the authorized body on the basis of a submission from its territorial bodies, the Republican Chamber or regional chambers of private bailiffs.
2. In addition to the general grounds provided for by the laws of the Republic of Kazakhstan, the license of a private bailiff is suspended for up to six months in the following cases::
1) the issuance of a ruling against a private bailiff on the qualification of the suspect's act in a criminal case;
2) violations by a private bailiff of the legislation of the Republic of Kazakhstan when performing enforcement actions, if failure to take measures to suspend may result in further violation of rights or cause damage to the parties to enforcement proceedings or other persons;
3) unjustified refusal to accept the executive document;
4) the commission by a private bailiff of enforcement actions outside the territory of his executive district, with the exception of the cases provided for in subparagraph 2) paragraph 4 of Article 52 of this Law;
5) failure to complete training (advanced training) within the time limits established by subparagraph 9-1) of paragraph 1 of Article 148 of this Law, or refusal to complete it;
6) repeated violations by a private bailiff of the requirements of sub-paragraphs 4), 5-1) and 5-2) of paragraph 1 and paragraph 2 of Article 148 of this Law.
7) excluded by the Law of the Republic of Kazakhstan dated 26.06.2020 No. 349-VI (effective ten calendar days after the date of its first official publication).
3. The decision of the authorized body on the suspension of the license of a private bailiff must specify the reasons and the period of suspension of the license of a private bailiff. The license of a private bailiff is suspended from the date of the decision to suspend the license of a private bailiff. If the circumstances that caused the suspension are eliminated, the authorized body makes a decision to renew the license of a private bailiff.
4. The suspension of the license of a private bailiff entails a ban on acting as a private bailiff and performing executive actions from the moment the authorized body makes a decision to suspend the license of a private bailiff.
5. The powers of a private bailiff shall be suspended upon his application in the event of his election as a deputy of the Kurultai of the Republic of Kazakhstan or a deputy of the Maslikhat carrying out his activities on a permanent or exempt basis, paid for from the state budget. After the termination of the deputy's powers, this person may resume the execution of the powers of a private bailiff.
6. In case of suspension of the license of a private bailiff, the enforcement proceedings that are in his execution are sent to the regional chamber of private bailiffs for transfer to another private bailiff, which is notified to the parties to the enforcement proceedings.
7. The decision to suspend or renew the license of a private bailiff is posted on the authorized body's Internet resource. The private bailiff and the Republican Chamber are notified of the decision.
8. The decision to suspend or refuse to renew the license of a private bailiff may be appealed to the court.
The footnote. Article 143 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (effective after ten calendar days after the date of its first official publication); as amended by the Laws of the Republic of Kazakhstan dated 04.07.2014 No. 233-V (effective from 01.01.2015); dated 29.12.2014 No. 269-V (effective from 01.01.2015); dated 29.10.2015 No. 376-V (effective from 01.01.2016); dated 26.06.2020 No. 349-VI (effective after ten calendar days after the date of its first official publication).
The Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV.
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