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Home / Laws / Article 37. Acceptance of the enforcement document for production SECTION 2. THE PROCEDURE FOR PERFORMING ENFORCEMENT ACTIONS Chapter 6. GENERAL CONDITIONS OF ENFORCEMENT PROCEEDINGS OF the Law ON Enforcement Proceedings and the Status of Bailiffs

Article 37. Acceptance of the enforcement document for production SECTION 2. THE PROCEDURE FOR PERFORMING ENFORCEMENT ACTIONS Chapter 6. GENERAL CONDITIONS OF ENFORCEMENT PROCEEDINGS OF the Law ON Enforcement Proceedings and the Status of Bailiffs

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 37. Acceptance of the enforcement document for production SECTION 2. THE PROCEDURE FOR PERFORMING ENFORCEMENT ACTIONS Chapter 6. GENERAL CONDITIONS OF ENFORCEMENT PROCEEDINGS OF the Law ON Enforcement Proceedings and the Status of Bailiffs

  1. A bailiff shall initiate enforcement proceedings on the basis of an enforcement document at the request of the recoverer, unless otherwise established by this Law and other legislative acts of the Republic of Kazakhstan. -Excluded by the Law of the Republic of Kazakhstan dated December 30, 2025 No. 246-VIII SAM 

     2. The application shall be signed by the claimant or his representative. The representative shall attach to the application a power of attorney or other document certifying his authority. The application may contain a motion to seize the debtor's property in order to ensure the fulfillment of the requirements contained in the enforcement document, as well as to establish restrictions for the debtor provided for by this Law. -Excluded by the Law of the Republic of Kazakhstan dated December 30, 2025 No. 246-VIII SAM 

     3. The state bailiff shall initiate enforcement proceedings without the application of the recoverer in cases when the enforcement document is sent to him by a court or other body (official).

A private bailiff initiates enforcement proceedings on the basis of an enforcement document sent to him through the state automated digital enforcement system in accordance with the procedure provided for in subparagraph 2) paragraph 1 of Article 162 of this Law.

     4. Upon receipt of an enforcement document conforming to the requirements established by the legislation of the Republic of Kazakhstan, the bailiff initiates enforcement proceedings no later than three working days, and issues a resolution on this.

     When initiating enforcement proceedings, the private bailiff concludes an agreement (contract) with the recoverer on the terms of execution of the enforcement document, clarifies the rights and obligations of the recoverer provided for by this Law.

     According to enforcement documents on recovery of state revenue and socially significant categories of cases, enforcement proceedings are initiated by a private bailiff without concluding an agreement (contract).

     The bailiff, simultaneously with the initiation of enforcement proceedings, takes measures to ensure the execution of enforcement documents provided for by this Law, and also, by checking through the state automated information system of enforcement proceedings, identifies the existence of other enforcement proceedings against the debtor, if they are identified, notifies the recoverer and clarifies the order of priority for satisfying his claims in accordance with this Law.

     5. After the initiation of enforcement proceedings, any performance of the debtor's duties to the recoverer must be accompanied by mandatory notification of the bailiff.

 

 

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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