Comments on article 143. Issuing a court order to the recoverer and sending it for execution of the Civil Procedure Code of the Republic of Kazakhstan
1. If an objection is not received from the debtor to the court within the prescribed period, the judge shall issue to the recoverer a court order, stamped with the seal of the court, for submission to the appropriate judicial authority at the debtor's place of residence.2. At the request of the recoverer, as well as for requirements subject to immediate execution in accordance with Article 243 of this Code, a court order may be sent directly by the court.3. In order to collect the state fee from the debtor to the income of the relevant budget, a separate copy of the court order, certified by the seal of the court, is sent directly by the court to the relevant territorial judicial authority.4. A copy of the court order remains in court proceedings.1. According to this provision, the judge issues a court order to the recoverer if no objections are received from the debtor to the court within the time period established by the second part of Article 141 of the CPC (ten working days from the date of receipt of a copy of the court order). At the same time, this judicial act must be certified with the seal of the court. The order is submitted for execution to the appropriate judicial authority at the debtor's place of residence. In this case, the enforcement proceedings will be carried out by the State bailiff. At the same time, the recoverer has the right to apply directly to a private bailiff. The limits of the competence of a private bailiff are defined by article 138 of the Law "On Enforcement Proceedings and the Status of Bailiffs".2. A court order may be sent for execution directly by the court if requested by the recoverer, as well as if it is issued in accordance with the requirements for which decisions are subject to immediate execution in accordance with Article 243 of the CPC. This provision applies only if a court order is submitted for execution to a State bailiff.3. In order to execute a court order regarding the collection of a state fee from the debtor to the income of the relevant budget, the court itself sends a separate copy of it to the territorial body of justice. This copy is also subject to the seal of the court. The court order in the specified part is executed by the state bailiff.4. A copy of the court order, certified by a judge, must remain in court proceedings.
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
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