Article 238. Postponement and installment of execution of a decision, change of the method and procedure of its execution before the decision is applied for execution
1. The court that has reviewed the case and rendered a decision has the right, at the request of the persons participating in the case, based on the property status of the parties or other valid reasons, to postpone or delay the execution of the decision, as well as to change the method and procedure for its execution.
The court shall consider and resolve the application, petition for postponement, installment plan or change of the method and procedure of execution of the court decision within ten working days from the date of receipt of the application to the court.
2. The applications referred to in the first part of this article shall be considered at a court hearing. The persons participating in the case are notified of the time and place of the meeting. The failure of these persons to appear is not an obstacle to resolving the issue brought before the court.
3. A private complaint may be filed against a court ruling on the issue of postponement or installment of execution of a decision, on changing the method and procedure for its execution, or a petition may be filed by the prosecutor.
4. The rule of the first part of this article regarding the postponement of execution of a court decision does not apply to a decision to foreclose on the pledge of immovable property on a mortgage loan of an individual not related to entrepreneurial activity.
President
Republic of Kazakhstan
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