Article 92-1. Collection of money or claim of other movable property from the debtor of the Notary Law

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1. In order to recover money or claim other movable property from the debtor, a notary shall execute an executive inscription in electronic form through a unified notarial information system upon presentation of an authentic document establishing the debt, on which a corresponding mark is made.

2. On the basis of the executive inscription, debt collection is carried out according to the following indisputable requirements:

1) on the fulfillment of an obligation based on a notarized transaction, including the fulfillment of dispute settlement agreements certified by a notary in the order of pre-trial settlement in cases established by this Law or provided for by the contract;

2) on the fulfillment of an obligation based on a written transaction, the due date of which has come and the non-fulfillment of the obligation is recognized by the debtor, including in response to a claim sent to the recoverer in the pre-trial settlement of the dispute.;

3) on the fulfillment of an obligation based on the protest of a bill of exchange in non-payment, non-acceptance and undated acceptance, made by a notary;

4) on the claim of the leased object in accordance with the lease agreement or the laws of the Republic of Kazakhstan;

5) on the foreclosure of the collateral upon the expiration of the repayment period of the loan submitted by the pawnshop to the debtor-mortgagor;

6) on debt collection from owners of apartments, non-residential premises, parking spaces, storerooms, evading contributions defined in sub-paragraphs 7), 8), 9), 10) and 11) paragraph 5 of Article 42 of the Law of the Republic of Kazakhstan "On Housing Relations";

7) debt collection on the basis of public contracts for services actually consumed (electricity, gas, heat, water, etc.), as well as other contracts for services according to established tariffs, the due date for which has arrived;

8) collection of lease payments due to their non-payment within the time limits established by the lease agreement;

9) on the recovery of wages and other payments accrued but not paid to the employee, including the recovery of mandatory pension contributions to the Unified Accumulative Pension Fund;

10) on the execution of dispute settlement agreements concluded in a participatory procedure.

3. Penalties (penalties) and interest, if any, are collected on the basis of an executive inscription, with the exception of bank loans, upon written recognition by the debtor of an unfulfilled obligation.

The execution of an executive inscription is carried out upon the debtor's admission of guilt in an unfulfilled obligation, confirmation by a notary of the fact of guilt in an unfulfilled obligation, unless the contract provides for another mechanism for collecting penalties (penalties), interest.

The Law of the Republic of Kazakhstan dated July 14, 1997 No. 155-I.

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Republic of Kazakhstan

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