Article 148. Duties of a private bailiff of the Law on Enforcement Proceedings and the Status of Bailiffs

Home / RLA / Article 148. Duties of a private bailiff of the Law on Enforcement Proceedings and the Status of Bailiffs

 1. A private bailiff must:

1) apply for registration with the state revenue authority within three working days after registration with the authorized body;

2) perform executive actions in accordance with the requirements of this Law and other regulatory legal acts of the Republic of Kazakhstan regulating the activities of the bailiff;

3) conscientiously perform their professional duties, maintain confidentiality with respect to the circumstances of the private life of individuals, and prevent the disclosure of information constituting a commercial or other legally protected secret that has become known to them as a result of their activities.

This obligation remains in force even after the resignation of the powers of a private bailiff. Employees of the office of a private bailiff and other persons with access to the said information are also required to comply with the secrecy requirement.;

4) to carry out timely registration of enforcement proceedings, enforcement actions and accounting of property in the state automated information system for enforcement proceedings, to invest in electronic enforcement proceedings resolutions, acts, protocols and other documents;

5) comply with the Code of Professional Honor of Private Bailiffs;

5-1) provide the requested information, including enforcement proceedings, to the territorial bodies of the authorized body, the Republican Chamber, and the regional chambers of private bailiffs in the framework of the complaint under consideration.;

5-2) pay mandatory membership fees on a quarterly basis;

6) excluded by the Law of the Republic of Kazakhstan dated 29.10.2015 No. 376-V (effective from 01.01.2016);

7) in cases stipulated by law, provide information about the executed enforcement action, other copies of documents, and, if necessary, personal explanations, including on issues of non-compliance with the requirements of the Code of Professional Honor of Private Bailiffs.;

7-1) at the request of a lawyer, provide the necessary information related to the provision of legal assistance to them as a defender or representative in criminal, civil, administrative proceedings and proceedings on administrative offenses;

8) if there are grounds to send materials to the territorial body (department) for drawing up a protocol on an administrative offense.;

9) constantly improve their professional qualifications;

9-1) undergo professional training, including distance learning, on enforcement proceedings within six months from the beginning of their activities in accordance with programs approved by the Republican Chamber, and thereafter – once every three years.;

9-2) in cases of suspension or termination or revocation of a license, as well as exclusion from membership in the Republican Chamber or prolonged absence (more than one month), transfer enforcement proceedings and archives to the regional Chamber of private bailiffs within three working days.;

10) perform other duties stipulated by the legislative acts of the Republic of Kazakhstan.

2. A private bailiff provides information about his activities:

1) the regional chamber of private bailiffs and the authorized body and (or) its territorial body, the form and terms of which are approved by the authorized body;

2) the authorized body for legal statistics and special accounting, the form and terms of which are approved by the Prosecutor General's Office 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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