Article 54. Execution of the judicial act and the decision of the bailiff of the Law on Payments and Payment Systems

Home / RLA / Article 54. Execution of the judicial act and the decision of the bailiff of the Law on Payments and Payment Systems

1. A judicial act of the court of the Republic of Kazakhstan on the recovery of money, as well as a decision of the bailiff or a copy thereof, certified by the seal of the territorial department of the enforcement agency or the seal of a private bailiff, on requesting information on bank account numbers and the availability of money on them, information on the nature and value of property held in banks, organizations engaged in certain types of banking transactions, as well as in insurance organizations, and the seizure of them, authorized by the prosecutor, are presented to all banks, with the exception of the case, provided for in paragraph 4 of this Article.

2. A bank or an organization engaged in certain types of banking operations, on the basis of the documents specified in paragraph 1 of this Article, shall, within three business days from the date of receipt of these documents, send to the court (bailiff) the necessary information in accordance with the requirements of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan".

3. The court (bailiff), having received the specified information from the banks, determines the bank(s) to which the obligation to execute the judicial act on the recovery of money will be assigned, and sends an instruction to such bank(s) with the attachment of the relevant enforcement document or its copy, certified by the seal of the court.

4. If the court (bailiff) has information about the availability of money in the bank account of the person from whom the money is to be collected, the instruction of the bailiff with the attachment of the relevant enforcement document is submitted for execution directly to the relevant bank.

5. Requesting information by the court (bailiff) about the availability and numbers of bank accounts of an individual or legal entity and (or) its structural subdivision, as well as current accounts of an individual engaged in business activities without forming a legal entity, a private notary, a private bailiff, a lawyer, a professional mediator about the balances and movement of money in these accounts, as well as the seizure of the debtor's money held in the bank, are carried out on paper or in electronic form.

The Law of the Republic of Kazakhstan dated July 26, 2016 No. 11-VI SAM.

This Law regulates public relations arising in the field of organization and functioning of payment systems, regulation of payment systems and supervision (oversight) of them, regulation of the payment services market and control over it, as well as the implementation of payments and (or) money transfers in the Republic of Kazakhstan.

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Republic of Kazakhstan

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