Article 144. Termination and revocation of the license of a private bailiff of the Law on Enforcement Proceedings and the Status of Bailiffs
1. In addition to the general grounds provided for by the laws of the Republic of Kazakhstan, the termination of the license of a private bailiff is carried out by a decision of the authorized body in the following cases::
1) termination of citizenship of the Republic of Kazakhstan;
2) the entry into force of a court verdict of conviction;
3) recognition by a court decision that has entered into legal force as legally incompetent or with limited legal capacity, deceased or missing;
4) death;
5) exemption from criminal liability for the commission of a crime on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan;
6) the entry into force of a court decision on the application of compulsory medical measures.
2. In addition to the general grounds provided for by the laws of the Republic of Kazakhstan, the revocation of the license of a private bailiff is carried out in court at the request of an authorized body in the following cases::
1) repeated (two or more times within six consecutive calendar months) violations of the legislation of the Republic of Kazakhstan when performing executive actions, including those that caused damage to the interests of the state, individuals and legal entities;
2) collection by a private bailiff of payment for his activities overstating the amounts (rates) established by the Government of the Republic of Kazakhstan;
3) providing false or intentionally distorted information in documents that were the basis for issuing a license to a private bailiff;
4) failure to take enforcement measures for a socially significant category of cases within one month in accordance with the procedure established by this Law.;
5) establishing the fact of carrying out activities during the period of suspension of the license of a private bailiff;
6) engaging in other types of paid activities, with the exception of scientific, teaching or creative activities;
7) exclusion of members of the Republican Chamber on the grounds provided for in subparagraph 4) paragraph 1 of Article 170 of this Law.
3. The idea of termination or revocation of the license of a private bailiff is submitted to the authorized body by the prosecutor's office, the Republican Chamber or regional chambers of private bailiffs or a territorial body.
4. The Regional Chamber of Private Bailiffs is obliged to take measures to transfer enforcement proceedings, records management, and archives of a private bailiff whose license has been terminated or who has been stripped of his license to another private bailiff, as well as to withdraw the license of a private bailiff for transfer to an authorized body and destroy the personal seal and official identification of a private bailiff.
5. If disciplinary proceedings have been initiated against a private bailiff, the authority to execute enforcement documents may be terminated at their own request not earlier than the termination of disciplinary proceedings.
6. The decision of the authorized body to terminate or revoke the license of a private bailiff may be appealed in accordance with the procedure established by the laws of the Republic of Kazakhstan.
The Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV.
President
Republic of Kazakhstan
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