Article 146. Special conditions for the activity of a private bailiff of the Law on Enforcement Proceedings and the Status of Bailiffs
1. A private bailiff may not carry out his activities in the absence of a contract of professional liability insurance for a private bailiff.
2. The object of professional liability insurance of a private bailiff is the property interest of the policyholder (insured person) related to his obligation, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to compensate for damage caused to third parties in connection with the execution of enforcement documents.
2-1. The amount of the insured sum under the professional liability insurance contract of a private bailiff is determined by its terms and conditions and must be at least a thousandfold for private bailiffs operating in the territory of a city of republican significance, the capital, and at least five hundred times the monthly calculation index established by the law on the republican budget for the relevant financial year, for other private bailiffs. the date of the conclusion of the agreement.
2-2. An insured event under a private bailiff's professional liability insurance contract is the occurrence of the policyholder's civil liability for compensation for damage caused to the property interests of third parties as a result of professional errors made by the insured person in the execution of enforcement documents.
Professional errors of a private bailiff for the purposes of this article are understood as:
1) incorrect registration of procedural documents;
2) the untimely cancellation of enforcement measures after the execution of the enforcement document, payment for the activities of a private bailiff and the costs of execution, resulting in harm to the debtor;
3) failure to inform the person against whom enforcement actions are being carried out about the consequences of the actions that have caused harm to him;
4) loss or damage of documents received by the policyholder (insured person) from the parties to the enforcement proceedings;
5) unlawful disclosure of information constituting a commercial or other legally protected secret that has become known to him as a result of his activities.
The professional liability insurance contract of a private bailiff may specify other actions (inaction) that have caused damage to the property interests of third parties during the execution of enforcement documents by the insured person.
3. 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).
4. If the amount of damage caused exceeds the amount of the insurance payment under the professional liability insurance contract, the private bailiff is responsible for the damage caused by his personal property, including money.
5. The fact of injury to be compensated is established by agreement of the parties concerned, and in case of dispute - by the court.
6. Excluded 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).
The Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV.
President
Republic of Kazakhstan
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