Article 42. The duty of the bailiff to suspend enforcement proceedings The Law on Enforcement Proceedings and the Status of Bailiffs

Home / RLA / Article 42. The duty of the bailiff to suspend enforcement proceedings The Law on Enforcement Proceedings and the Status of Bailiffs

Enforcement proceedings are subject to suspension within one working day in the following cases::

1) the death of the claimant, the entry into force of a court decision declaring the claimant missing or declaring him dead, if the legal relationship allows for succession;

2) initiation by a court of rehabilitation or bankruptcy proceedings, with the exception of payments to citizens to whom the debtor is responsible for causing harm to life or health, without taking into account claims for compensation for moral damage, as well as compulsory reorganization of a legal entity that is a debtor, or a court decision on compulsory liquidation;

2-1) initiation by the court of proceedings on the application of the procedure of restoration of solvency or judicial bankruptcy, as well as the commencement of the procedure of extrajudicial bankruptcy in accordance with the Law of the Republic of Kazakhstan "On restoration of solvency and Bankruptcy of citizens of the Republic of Kazakhstan";

3) the entry into force of a court decision declaring the recoverer or debtor legally incompetent, with limited legal capacity;

4) excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (effective ten calendar days after the date of its first official publication);

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);

6) the issuance of a decision by a court or an official who has been granted the right by the legislation of the Republic of Kazakhstan to suspend the execution of a judicial act on the basis of which an enforcement document was issued, as well as the granting by the court of a deferral or an installment plan for a certain period of time;

6-1) forced eviction of citizens belonging to socially vulnerable segments of the population, as well as families with and raising minor children and (or) housing persons with disabilities of the first or second group with permanent or temporary registration at their place of residence, from their only home in the territory of the Republic of Kazakhstan during the heating season in accordance with paragraph 3-1 of Article 29 of the Law of the Republic of Kazakhstan "On Housing Relations";

7) filing a claim with the court for exclusion from the inventory of the property to which foreclosure has been levied under the enforcement document;

8) adoption by the authorized body for regulation, control and supervision of the financial market and financial organizations of a decision to revoke or suspend licenses to operate in the financial market or a decision to preserve a financial organization;

9) initiation by the court of a case on the compulsory liquidation of a bank, insurance (reinsurance) organization, voluntary accumulative pension fund;

9-1) adoption by the authorized body for regulation, control and supervision of the financial market and financial organizations of a decision to revoke the license of a branch of a non-resident bank of the Republic of Kazakhstan, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan;

10) the court's decision on the restructuring of a financial institution;

10-1) a court decision on the restructuring of an organization that is part of a banking conglomerate as a parent organization and is not a financial organization;

11) excluded by the Law of the Republic of Kazakhstan dated 04/22/2015 No. 308-V (effective ten calendar days after the date of its first official publication);

11-1) temporary absence of the debtor for a period of more than one month (the debtor's stay in a medical institution, business trip, outside the locality, including in connection with military service in the Armed Forces, other troops and military formations of the Republic of Kazakhstan), provided that enforcement proceedings cannot be carried out without his participation;

11-2) failure by the recoverer to deposit into the current account, intended for storing the recovered amounts in favor of the recoverers, the amount necessary for the implementation of enforcement actions by the deadline set by the private bailiff;

12) written request of the recoverer;

13) requesting enforcement proceedings by a court, prosecutor's office or other law enforcement agencies authorized to do so;

14) if the prosecutor has authorized the decision of the bailiff to declare a search for the debtor.

In the case provided for in subparagraph 7) of the first part of this Article, enforcement actions are suspended only in respect of the property in respect of which a claim for exclusion from the inventory (exemption from arrest) is filed.

In the case provided for in subparagraph 12) of the first part of this article, enforcement actions regarding the conduct of already announced auctions, as well as the execution of collection orders, shall not be suspended.

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

President

Republic of Kazakhstan

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