Article 33. Temporary restriction and suspension of temporary restrictions on the departure of an individual, the head (acting) of a legal entity that is a debtor, from the Republic of Kazakhstan The Law on Enforcement Proceedings and the Status of Bailiffs

     1. The bailiff is obliged to issue a resolution on a temporary restriction on the departure of an individual, the head (acting) of a legal entity that is a debtor, from the Republic of Kazakhstan in cases of non-fulfillment:

     1) for more than three months, the requirements of the enforcement document for the collection of periodic payments;

     2) the requirements of the executive document for an amount equal to or exceeding forty times the monthly calculation index established for the relevant financial year by the law on the republican budget.

     A temporary restriction on departure from the Republic of Kazakhstan is imposed after the expiration of five working days from the date of proper notification of an individual, the head (acting) of a legal entity that is a debtor, on the application of a temporary restriction.

     The decision of the bailiff on the temporary restriction on the departure of an individual, the head (acting) of a legal entity that is a debtor, from the Republic of Kazakhstan is subject to court approval in accordance with the procedure established by the civil procedure legislation of the Republic of Kazakhstan.

     2. The decisions of the bailiff on temporary restriction on departure from the Republic of Kazakhstan are sent for execution to the Border Guard Service of the National Security Committee of the Republic of Kazakhstan through the state automated information system of enforcement proceedings.

     3. A temporary restriction on the departure of an individual, the head (acting) of a legal entity that is a debtor, from the Republic of Kazakhstan may be suspended if it is necessary to carry out medical treatment outside the Republic of Kazakhstan.

     The decision of the bailiff to suspend the temporary restriction on the departure of an individual, the head (acting) of a legal entity that is a debtor, from the Republic of Kazakhstan, indicating the period of suspension, is subject to court approval in accordance with the procedure established by the civil procedure legislation of the Republic of Kazakhstan.

     4. The temporary restriction on the departure of an individual, the head (acting) of a legal entity that is a debtor, from the Republic of Kazakhstan is lifted within one working day in the following cases::

     1) termination of enforcement proceedings on the grounds provided for in Article 47 of this Law;

     2) the absence of arrears in enforcement proceedings on periodic penalties;

     3) the return of the enforcement document without execution at the request of the court or other authority that issued the document;

     4) applications of the recoverer, with the exception of penalties in favor of the state;

     5) the change of the head of the legal entity that is the debtor, except in cases where the head is the sole founder (participant) of the legal entity;

     6) cancellation of the bailiff's decision to initiate enforcement proceedings.

     5. Excluded by the Law of the Republic of Kazakhstan dated 26.06.2020 No. 349-VI (effective ten calendar days after the date of its first official publication).        

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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