Article 32. Measures to ensure the execution of enforcement documents The Law on Enforcement Proceedings and the Status of Bailiffs

     1. The bailiff is obliged to take measures to ensure the execution of enforcement documents.

     2. Measures to ensure the execution of enforcement documents are:

     1) seizure of the debtor's property, including money and securities held by him or other individuals or legal entities (with the exception of banks and organizations engaged in certain types of banking operations, as well as insurance organizations);

     1-1) seizure of the debtor's money and property held in banks, organizations engaged in certain types of banking operations, as well as in insurance organizations;

     2) seizure of the debtor's movable property held by him or other natural or legal persons;

     2-1) seizure of the debtor's immovable property held by him or other natural or legal persons;

     3) prohibiting the debtor from performing certain actions, including prohibiting the bodies of the legal entity from making decisions, as well as suspending the decisions taken on the alienation of movable and immovable property, property and non-property rights, securities and shares in the authorized capital and property of the legal entity;

     4) prohibiting the debtor from using the property belonging to him by right of ownership, including money, or instructing him to use it within the limits established by the bailiff;

     5) sealing of the debtor's property;

     6) withdrawal of title documents;

     7) prohibiting other persons from transferring property, including money, to the debtor or performing other actions in relation to him.

     3. If necessary, several types of enforcement can be applied.

     4. The issue of replacing one type of security with another is considered by the bailiff at the request of the parties to the enforcement proceedings or on his own initiative. Consideration of the issue of replacing one type of security with another does not suspend the application of previously established security measures.

     5. Suspension, postponement or installment of enforcement proceedings shall not entail the cancellation of previously established measures to ensure the execution of enforcement documents.

     6. The bailiff shall take measures to ensure the execution of enforcement documents under subitems 1-1), 2-1) and 6) of paragraph 2 of this Article with the sanction obtained in accordance with the procedure established by the civil procedure legislation of the Republic of Kazakhstan.

     The authorizing of the measures specified in the first part of this paragraph shall be carried out by the prosecutor.

     The adoption of measures to ensure the execution of enforcement documents under subitem 1-1) of paragraph 2 of this article in the framework of simplified proceedings is carried out without authorization.

The Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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