Commentary to article 172. Execution of the verdict and court order in respect of a civil claim The Criminal Procedure Code of the Republic of Kazakhstan

When making a decision to satisfy a civil claim in full or in part, the court has the right to set a time limit for the voluntary execution of a sentence or court order regarding a civil claim, while the rules for postponement and installment of execution provided for by civil procedural legislation may be applied. The compulsory execution of a judicial act in respect of a civil claim is carried out in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan on enforcement proceedings and the status of bailiffs.

The execution of a sentence (resolution) in respect of a civil claim may be carried out voluntarily by the civil defendant or forcibly by the relevant authorities. When deciding on the satisfaction of a civil claim in full or in part, the court has the right to set a time limit for the voluntary execution of a sentence or court order regarding a civil claim.

In this case, the court may apply the rules of postponement and installment of execution provided for by the civil procedural legislation. In the operative part of the verdict (resolution) the court must indicate that after the expiration of the period specified by it for voluntary execution, the judicial act regarding the civil claim is subject to compulsory execution.

In case of compulsory execution of a judicial act, the enforcement document upon the entry into force of the sentence is promptly sent by the court to the relevant authorities, which carry out the execution in strict accordance with the procedure established by law.

The compulsory execution of a sentence in respect of a civil claim is carried out in accordance with the legislation on enforcement proceedings and the status of bailiffs.

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan

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