Article 54. Challenges in enforcement proceedings The Law on Enforcement Proceedings and the Status of Bailiffs
1. A bailiff, an assistant to a private bailiff, an interpreter, or a specialist cannot participate in enforcement proceedings and are subject to recusal if they are personally, directly or indirectly interested in the outcome of the enforcement proceedings or there are other circumstances, in particular, family relations with the parties or their representatives, that raise doubts about their impartiality.
2. If there are circumstances for recusal, the persons specified in paragraph 1 of this article are obliged to recuse themselves. The challenge must be motivated and stated in writing before the beginning of the enforcement actions. A challenge in the course of execution is allowed if there is a reason for it and it became known after the beginning of the enforcement actions.
3. The issue of recusal of the state bailiff is decided by the head of the territorial department, the senior bailiff, and a reasoned decision is issued.
The issue of disqualification of an interpreter or specialist is resolved by the bailiff, and an appropriate reasoned decision is issued, approved by the head of the territorial department, the senior bailiff.
If there are grounds specified in paragraph 1 of this article, the private bailiff returns the enforcement document to the recoverer, which he issues a resolution on.
4. A decision to refuse to challenge a bailiff may be appealed and protested in court in accordance with the established procedure. Filing a complaint or protest does not suspend the enforcement actions.
The Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV.
President
Republic of Kazakhstan
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