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Home / Laws / Article 63. The procedure for the seizure of property The Law on Enforcement Proceedings and the Status of Bailiffs

Article 63. The procedure for the seizure of property The Law on Enforcement Proceedings and the Status of Bailiffs

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 63. The procedure for the seizure of property The Law on Enforcement Proceedings and the Status of Bailiffs

     1. When seizing property, the bailiff finds out whether it belongs to the debtor and the encumbrance on it. In cases where it is difficult to establish the ownership of property that is not subject to state registration and there are grounds to assume that this property belongs to the debtor, the bailiff has the right to seize the property until its ownership is clarified.

     If the property does not belong to the debtor, he is obliged to provide the bailiff with the necessary evidence establishing the ownership of the seized property.

     2. Having verified that the property belongs to the debtor, the bailiff includes the property in the inventory, depending on the amount of the penalty, imposes an arrest on all or part of the property and sends the seizure order to the relevant authorities that carry out state registration, on paper or in electronic form through the state automated information system of enforcement proceedings.

     At the same time, an inventory of immovable property is not carried out.

     3. The bailiff shall notify the mortgagee of the seizure of the pledged property.

     4. When executing a ruling on securing a claim, the bailiff, depending on the claims, shall seize all or part of the property commensurate with the stated claim.

 

 

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

 

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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