Article 98. Monetary amounts that cannot be levied The Law on Enforcement Proceedings and the Status of Bailiffs

Home / RLA / Article 98. Monetary amounts that cannot be levied The Law on Enforcement Proceedings and the Status of Bailiffs

 Foreclosure may not be levied on:

1) amounts received by the debtor in compensation for damage caused by injury or other damage to health, as well as the death of the breadwinner;

2) the amounts received by the debtor in the form of child support for the loss of the breadwinner;

3) the amounts received by the debtor in the form of allowances for children with disabilities;

4) insurance amounts and lump-sum benefits paid to persons in case of injury (injury, injury, contusion) during the performance of their official duties and paid to family members in connection with their death (death);

4-1) the money of the state-owned Islamic special financial company received by it from leasing and selling allocated assets under Islamic lease certificates issued by it (except for the requirements arising from these Islamic lease certificates);

5) allowances for the birth of a child, allowances for the maintenance of minor children, as well as allowances paid to pensioners and persons with disabilities of the first group;

6) the amounts paid to victims for additional meals, spa treatment and prosthetics and for the costs of caring for them in cases of injury or other damage to health;

7) compensation payments for work in harmful or extreme conditions, as well as monetary amounts paid to citizens affected by environmental disasters or radiation exposure during the elimination of consequences of natural and man-made emergencies;

8) financial assistance, which is of a one-time nature, regardless of the source of payment;

9) burial allowance;

10) special state allowances;

11) social benefits in case of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children), in connection with caring for a child after reaching the age of one and a half years;

12) alimony for the maintenance of minor children;

13) pension assets;

14) pension savings on the debts of the depositor (recipient);

14-1) lump-sum pension payments from a single accumulative pension fund for the purpose of improving housing conditions and (or) paying for medical treatment, target assets, payments of target savings from a single accumulative pension fund for the purpose of improving housing conditions and (or) paying for education, payments of savings from an educational accumulative contribution or insurance payments under an educational accumulative insurance contract for improvement of housing conditions;

15) monthly state allowances for mothers with many children who were awarded the "Altyn alka", "Kumis alka" pendants or who previously received the title of "Mother Heroine", awarded the Orders of Maternal Glory of the First and second degrees;

15-1) monthly state allowances for large families with four or more minor children living together, including children enrolled in full-time education in general education or vocational programs in organizations of general secondary, technical and vocational, post-secondary, higher and (or) postgraduate education, after they reach adulthood until the time of graduation from educational organizations (but not more than before the age of twenty-three);

16) targeted social assistance;

17) assets of the social health insurance fund and transfers allocated for a guaranteed amount of free medical care;

17-1) assets of the guarantee fund formed by the special fund for the development of private entrepreneurship, except in cases of foreclosure on the obligations of the special fund for the development of private entrepreneurship to second-tier banks that arose under the system of guaranteeing the obligations of private entrepreneurs;

18) housing payments;

18-1) 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;

18-2) 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;

18-3) 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;

18-4) 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;

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

19-1) 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;

20) money held in bank accounts opened under an educational savings deposit agreement concluded in accordance with the Law of the Republic of Kazakhstan "On the State Educational Savings System";

21) money that is 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;

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

23) 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".

24) 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;

25) money held in bank accounts intended to account 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.

26) 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";

27) 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".

28) 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 provision of subparagraph 19-1) of the first part of this Article 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.

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

President

Republic of Kazakhstan

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