Article 19-8. Measures of influence applied to a self-regulating organization in the field of collection activities, and the grounds for their application of the Law on Collection Activities

Home / Laws / Article 19-8. Measures of influence applied to a self-regulating organization in the field of collection activities, and the grounds for their application of the Law on Collection Activities

1. The authorized body shall apply the measures of influence established by this article in case of non-compliance with the requirements of this Law and other laws of the Republic of Kazakhstan, regulatory legal acts of the authorized body by a self-regulating organization in the field of collection activities, requirements for the activities of a self-regulating organization in the field of collection activities, rules and standards, as well as in case of detection of illegal actions or omissions of senior employees of a self-regulating organization in the field of in the field of collection activities.

Measures of influence are understood as mandatory written instructions and sanctions.

2. A written instruction is an indication of a self-regulatory organization in the field of collection activities to take mandatory measures aimed at eliminating identified violations and (or) the causes, as well as the conditions that contributed to their commission.

A written instruction may contain a requirement to submit, within the time period established by the authorized body, an action plan for the fulfillment of the requirements of the authorized body established by part one of this paragraph (hereinafter referred to as the action plan).

The action plan, submitted within the time limit set by the written order, contains descriptions of violations, the reasons that led to their occurrence, a list of planned activities, the duration of their implementation, as well as responsible senior officials of the self-regulatory organization in the field of collection activities.

An appeal against a written order of the authorized body is carried out in accordance with the procedure established by the laws of the Republic of Kazakhstan. Appealing against the written order of the authorized body does not suspend its execution.

A self-regulating organization in the field of collection activities is obliged to notify the authorized body of the implementation of the measures specified in the written instruction and (or) the measures specified in the action plan within the time limits provided for in these documents.

3. In case of non-fulfillment of a written instruction within the time period established by the authorized body, the authorized body has the right to send to a self-regulating organization in the field of collection activities a request for the dismissal of a senior employee of a self-regulating organization in the field of collection activities and (or) suspension of the performance of all or part of the functions of a self-regulating organization in the field of collection activities provided for in Article 19-3 of this Law.

The procedure for replacement and terms of performance of duties in case of dismissal of a senior employee of a self-regulating organization in the field of collection activities are determined in the rules of a self-regulating organization in the field of collection activities.

4. The authorized body has the right to apply a sanction to a self-regulating organization in the field of collection activities in the form of exclusion from the register of self-regulating organizations in the field of collection activities on the grounds provided for in subparagraphs 2), 4), 5) and 6) of paragraph 3 of Article 19-7 of this Law.

The Law of the Republic of Kazakhstan dated May 6, 2017 No. 62-VI.

This Law regulates public relations related to the implementation of collection activities, establishes the specifics of the creation and operation of collection agencies, and also defines the specifics of state regulation of collection agencies and control over their activities.

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Republic of Kazakhstan

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