Article 38. Grounds, consequences and elimination of the reasons for refusal to initiate enforcement proceedings The Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV.

Home / Laws / Article 38. Grounds, consequences and elimination of the reasons for refusal to initiate enforcement proceedings The Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV.

1. The bailiff, within three working days from the date of receipt of the enforcement document, issues a decision to refuse to initiate enforcement proceedings if:

1) the enforcement document has been submitted without an application from the recoverer, or the application has not been signed by the recoverer or his representative, except in cases where enforcement proceedings are subject to initiation without an application from the recoverer;

2) the executive document is not presented at the place where the executive actions were performed;

3) the deadline for submitting the enforcement document for execution has expired and has not been restored by the court.;

4) the document is not executive or does not meet the requirements for executive documents

5) the enforcement document was previously submitted for execution and enforcement proceedings on it were terminated on the grounds provided for in paragraph 1 of Article 47 of this Law.;

6) a judicial act or an act of an authority (official) that is an executive document or on the basis of which an executive document was issued has not entered into legal force, with the exception of executive documents subject to immediate execution;

7) the recoverer has not deposited into the current account of a private bailiff, intended for storing the recovered amounts in favor of the recoverers, the amount necessary for the implementation of enforcement actions;

8) a copy of the judicial act with a mark of entry into force, certified by the judge's signature and the seal of the court, is not attached to the enforcement document.;

9) the authorized bodies have not provided the information and documents provided for in Article 896 of the Code of Administrative Offences of the Republic of Kazakhstan;

10) the period established by paragraph 1-1 of Article 11 of this Law has not expired.;

11) the execution of an enforcement document does not fall within the competence of a public or private bailiff.;

12) before the presentation of the enforcement document, the liquidation or reorganization of the legal entity that is the recoverer or debtor has been completed, or it has been declared bankrupt;

13) the deadline for the voluntary execution of the decision on the imposition of an administrative penalty or the requirement to pay a fine has not expired.

2. A copy of the bailiff's decision to refuse to initiate enforcement proceedings, accompanied by all received documents, shall be sent to the recoverer, as well as to the court or body (official) that issued the enforcement document, no later than the day following the day of the issuance of the said decision.

The return order must specify the grounds on which the executive document is being returned.

3. Elimination of the circumstances provided for in the sub-paragraphs 1), 2), 3), 4), 6), 7), 8), 9), 10), 11) and 13) of paragraph 1 of this Article, does not prevent the re-sending (presentation) of the enforcement document to the bailiff in accordance with the procedure established by this Law.

In order to eliminate the circumstances provided for in subparagraph 7) of paragraph 1 of this article, a private bailiff shall set a ten-day period for the recoverer. If the recoverer does not deposit the required amount to the current account within the specified period, the enforcement document is considered not submitted for execution and is returned to the recoverer.

4. The date of filing of the enforcement document, received by the bailiff after the elimination of its shortcomings or later than the deadline, is considered to be the day of its secondary receipt.

5. A writ of execution received with unresolved deficiencies specified in the resolution on its return is not subject to execution and is returned to the body or person who sent it.

The Law on Enforcement Proceedings and the Status of Bailiffs

President

Republic of Kazakhstan

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