Article 62. Seizure of the debtor's property Paragraph 2. Seizure of the debtor's property of the Law on Enforcement Proceedings and the Status of Bailiffs

Home / RLA / Article 62. Seizure of the debtor's property Paragraph 2. Seizure of the debtor's property of the Law on Enforcement Proceedings and the Status of Bailiffs

 1. In order to ensure the execution of the enforcement document, the bailiff is obliged to seize the debtor's property, including in cases provided for by law, with the approval of the prosecutor. In this case, the bailiff, in order to ensure the execution of the enforcement document, has the right to simultaneously seize all property belonging to the debtor, commensurate with the amount to be recovered.

2. The seizure of the debtor's property consists in prohibiting the disposal of this property, as well as declaring a ban on the use and disposal of the debtor's funds held in banks and other organizations engaged in certain types of banking operations, on which a resolution is issued to seize the debtor's property.

3. The debtor's property may be seized, which belongs to him by right of ownership, economic management and operational management (subject to the restrictions established by the Civil Code of the Republic of Kazakhstan), regardless of where and in whose actual use it is located.

It is not allowed to seize:

1) money held in bank accounts and (or) electronic money held in electronic wallets of electronic money intended for crediting benefits and social benefits paid from the state budget and (or) the State Social Insurance Fund;

IZPI's note! The second part of paragraph 3 is provided to be supplemented with subparagraph 1-1) in accordance with the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

1-1) money held in bank accounts intended for crediting compensation for material damage and providing necessary assistance from the state budget and (or) from charitable organizations to individuals affected by a natural or man-made emergency.;

2) money held in bank accounts intended for crediting housing payments, lump-sum pension payments from the unified accumulative pension fund for the purpose of improving housing conditions and (or) paying for medical treatment, target assets, payments of target savings from the unified accumulative pension fund for the purpose of improving housing conditions and (or) paying for education, payments of savings from an educational funded contribution or insurance payments under an educational funded insurance contract for the improvement of housing conditions;

2-1) money held in a bank account in a housing construction savings bank with the status of a national development institute, intended for crediting payments and subsidies in order to pay for rented housing in a private housing fund;

3) money held in bank accounts in housing construction savings banks in the form of housing construction savings accumulated through the use of housing payments, lump-sum pension payments from the unified accumulative pension fund for the purpose of improving housing conditions and (or) paying for medical treatment, in the form of targeted savings payments from the unified accumulative pension fund for the purpose of improving housing conditions; conditions and (or) payment for education, in the form of payments of savings from an educational funded contribution or insurance payments under an educational funded insurance contract for the improvement of housing conditions;

3-1) money held in bank accounts in housing construction savings banks in the form of housing construction savings, which are the subject of collateral for issued bank loans;

4) money deposited on the terms of the notary's deposit;

5) money held in bank accounts under an agreement on an educational accumulative contribution concluded in accordance with the Law of the Republic of Kazakhstan "On the State Educational Accumulative System";

6) assets of the social health insurance fund held in bank accounts;

7) money from banks, insurance (reinsurance) organizations, voluntary accumulative pension funds, branches of non-resident banks of the Republic of Kazakhstan, branches of insurance (reinsurance) organizations of non-residents of the Republic of Kazakhstan who have been deprived of a license by an authorized state body and (or) are in the process of compulsory liquidation (forced termination of activities);

8) money held in bank accounts intended for crediting compensation for investment costs in accordance with the legislation of the Republic of Kazakhstan in the field of public-private partnership.

The provision of this subparagraph does not apply to the withdrawal of money for claims related to the first, second and third queues in accordance with the priority provided for in paragraph 2 of Article 742 of the Civil Code of the Republic of Kazakhstan.;

8-1) money held in bank accounts intended to account for the money of clients of the investment portfolio manager for the outstanding obligations of this investment portfolio manager;

8-2) money held in bank accounts intended for accounting for the money of clients of a person performing the functions of a nominee holder for the unfulfilled obligations of this person performing the functions of a nominee holder;

9) financial instruments that are contributions to the guarantee or reserve funds of a clearing organization (central counterparty), margin contributions, full and (or) partial security for the fulfillment of obligations under transactions concluded in the trading system of the stock exchange by open trading and (or) with the participation of the central counterparty.

10) money held in bank accounts with second-tier banks in the form of savings for major repairs of the common property of the condominium facility, with the exception of penalties based on court decisions in cases of non-fulfillment of obligations under contracts concluded for the purpose of major repairs of the common property of the condominium facility;

11) money held in the current account of a private bailiff, intended for storing the collected amounts in favor of the recoverers;

12) money held in the bank account of a single operator in the field of public procurement, intended for potential suppliers or suppliers to deposit money as security measures in the framework of participation in public procurement in accordance with the Law of the Republic of Kazakhstan "On Public Procurement".

13) money held in the bank accounts of a citizen against whom a case has been initiated on the application of the procedure or the procedure has been applied in accordance with the Law of the Republic of Kazakhstan "On the restoration of Solvency and Bankruptcy of citizens of the Republic of Kazakhstan";

14) money held in the current account of the financial manager for crediting money in the judicial bankruptcy procedure in accordance with the Law of the Republic of Kazakhstan "On restoration of solvency and Bankruptcy of citizens of the Republic of Kazakhstan".

15) money held in bank accounts intended for crediting financial assistance provided in accordance with subparagraph 1) paragraph 4 of Article 112 of the Social Code of the Republic of Kazakhstan.

The seizure of property that is the subject of repo transactions concluded in the trading systems of the organizers of the auction using the open bidding method and (or) with the participation of a central counterparty in the course of civil proceedings may be imposed only after the closure of these repo transactions.

The bailiff's decision to request information about the numbers of bank accounts and the availability of money in them, information about the nature and value of property held in banks, organizations engaged in certain types of banking operations, as well as in insurance organizations, and the seizure of them, authorized by the prosecutor, indicates the amount of money within which the arrest is imposed..

The decision of the bailiff authorized by the prosecutor may be sent to banks or organizations engaged in certain types of banking operations on paper or in electronic form through the state automated information system of enforcement proceedings.

4. If the debtor's property is held by other persons due to an agreement concluded between them, the issue of the possibility of other persons retaining the rights arising from the agreement and seizing the property is decided by the court in the order of the claim proceedings.

5. Obstruction of the execution of actions by the bailiff to foreclose on property, violation of the bailiff's prohibition to dispose of or use the seized property, as well as other illegal actions in relation to the seized property, entail liability provided for by the laws of the Republic of Kazakhstan.

6. The seizure of money held in the debtor's bank account is imposed in the amount necessary for the execution of the enforcement document, taking into account the enforcement sanction, the costs of execution and payment for the activities of a private bailiff.

If the collection of money on the basis of a collection order is carried out in full, the arrest previously imposed as part of the enforcement proceedings under which the collection order was executed is considered to have been lifted, and the arrest order is subject to return to its initiator.

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

President

Republic of Kazakhstan

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