Article 156. Measures to secure a claim of the Civil Procedure Code of the Republic of Kazakhstan

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1. Measures to secure a claim may include:

1) seizure of property belonging to the defendant and held by him or other persons (with the exception of seizure of money held in the correspondent account of a bank, a branch of a non-resident bank of the Republic of Kazakhstan, and property subject to repo transactions concluded in the trading systems of the organizers of trades by open bidding or contributions to the guarantee or reserve funds of the clearing organization (central counterparty), margin contributions that are collateral for transactions, concluded in the trading systems of the organizers of the trades using the open bidding method and (or) with the participation of a central counterparty, as well as for money held in bank accounts that receive salary amounts).

IZPI's note! The second paragraph of subparagraph 1) is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

Seizure of mandatory pension contributions, mandatory occupational pension contributions (penalties on them), pension assets and pension savings, one-time pension payments from the unified accumulative pension fund for the purpose of improving housing conditions and (or) paying for medical treatment, target assets, payments of target savings from the unified accumulative pension fund for the purpose of improving housing conditions and (or) pay for education, payments of savings from an educational accumulative contribution or insurance payments under an educational accumulative insurance contract for the improvement of housing conditions, benefits and social benefits paid from the state budget and (or) the State Social Insurance Fund, financial assistance provided in accordance with subparagraph 1) paragraph 4 of Article 112 of the Social Code of the Republic of Kazakhstan, held in bank accounts and (or) electronic wallets of electronic money, housing payments, money held in bank accounts, intended for crediting compensation for material damage and providing necessary assistance from the state budget and (or) from charitable organizations to individuals affected by a natural or man-made emergency to money held in a bank account with a housing construction savings bank with the status of a national development institute, intended for crediting payments and subsidies in order to pay for rented housing in a private housing fund, for money, held in bank accounts in housing construction savings banks in the form of housing construction savings accumulated through the use of housing payments, lump-sum pension payments from the unified accumulative pension fund for the purpose of improving housing conditions and (or) paying for medical treatment, in the form of payments of targeted savings from the unified accumulative pension fund for the purpose of improving housing conditions and (or) payment for education, with money held in bank accounts in housing construction savings banks in the form of housing construction savings, which are the subject of collateral for bank loans issued, in the form of payments of savings from an educational savings deposit or insurance payments under an educational savings insurance contract for improving housing conditions, for money held in bank accounts with second-tier banks in the form of savings for major repairs of the common property of a condominium facility, with the exception of penalties based on court decisions in cases of on non-fulfillment of obligations under contracts concluded for the purpose of capital repairs of the common property of the condominium facility, for money, assets of the Social Health Insurance Fund deposited on the terms of a notary's deposit, held in bank accounts under an educational savings deposit agreement concluded in accordance with the Law of the Republic of Kazakhstan "On the State Educational Savings System", for money held in the current account of a private bailiff, intended for storing recovered amounts in favor of recoverers, for money held in bank accounts designed to account for the money of clients of the investment portfolio manager, for unfulfilled obligations of this investment portfolio manager, for money held in bank accounts intended for accounting for the money of clients of the person performing the functions of a nominee holder, for unfulfilled obligations of this person performing the functions of a nominee holder, for money held in bank accounts for clearing transactions in financial instruments, as well as for money held in the bank account of a single operator in the field of public procurement, intended for depositing money by potential suppliers or suppliers as interim measures within the framework of participation in public procurement in accordance with the Law of the Republic of Kazakhstan "On Public Procurement, to the money held in the current account of the financial manager for crediting money in the bankruptcy proceedings, and to the money held in the bank accounts of a citizen, in respect of which a case has been initiated on the application of the procedure or the procedure has been applied in accordance with the Law of the Republic of Kazakhstan "On Restoration of solvency and Bankruptcy of citizens of the Republic of Kazakhstan" is not allowed.

The seizure of money held on the territory of the Republic of Kazakhstan in a correspondent account of a foreign state is allowed for claims for damages caused by a violation by a foreign state of the jurisdictional immunity of the Republic of Kazakhstan and its property.

The decision on securing a claim in the form of seizure of money belonging to the defendant and located in a bank or branch of a non-resident bank of the Republic of Kazakhstan must specify the amount of money to be seized. The amount of money to be seized is determined by the court based on the price of the claim.;

2) prohibiting the defendant from performing certain actions;

3) prohibiting other persons from transferring property to the defendant for obligations that have expired, or from fulfilling other obligations provided for by law or contract with respect to the defendant.;

4) suspension of the sale of property in the event of a claim for the release of property from seizure;

5) suspension of the disputed legal act of a state body, local government body (with the exception of a legal act adopted by the authorized body for regulation, control and supervision of the financial market and financial organizations or the National Bank of the Republic of Kazakhstan within its competence, to suspend actions and (or) revoke licenses and (or) appendices to them for carrying out activities in the financial market, carrying out the conservation of financial organizations, its written regulations, as well as a legal act, adopted by the authorized body for regulation, control and supervision of the financial market and financial organizations or the National Bank of the Republic of Kazakhstan, within its competence, on the application of supervisory response measures (except for advisory supervisory response measures), on classifying a bank, a branch of a non-resident bank of the Republic of Kazakhstan as banks, branches of non-resident banks of the Republic of Kazakhstan with unstable financial a provision that threatens the interests of its depositors and creditors and (or) threatens the stability of the financial system, on the assignment of the bank, branches of non-resident banks of the Republic of Kazakhstan classified as insolvent banks, branches of non-resident banks of the Republic of Kazakhstan and the application of settlement measures to them in accordance with the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan");

6) suspension of the recovery of an enforcement document disputed by the defendant in court;

7) suspension of bidding for the out-of-court sale of collateral;

8) suspension of disputed acts and actions of the bailiff related to foreclosure on property committed in enforcement proceedings.

2. If necessary, the court may take other measures to secure the claim, which meet the objectives specified in the first part of Article 155 of this Code. The court may take several measures to secure the claim. In case of violation of the prohibitions specified in this article, the perpetrators shall bear the responsibility established by law. In addition, the plaintiff has the right to demand in court from these persons compensation for damages caused by failure to comply with the ruling on securing the claim.

3. Measures to secure a claim must be proportionate to the claim made by the plaintiff and not violate the public interests and interests of third parties.

The Civil Procedure Code of the Republic of Kazakhstan dated October 31, 2015

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