On signing an Agreement on cooperation in the exchange of information in the enforcement of judicial acts, acts of other Authorized bodies and Officials

Home / Decree / On signing an Agreement on cooperation in the exchange of information in the enforcement of judicial acts, acts of other Authorized bodies and Officials

Decree of the President of the Republic of Kazakhstan dated June 16, 2025 No. 911

In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan "on International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:

1. To approve the attached draft agreement on cooperation in the exchange of information in the enforcement of judicial acts, acts of other authorized bodies and officials.

2. To sign, on behalf of the Republic of Kazakhstan, an Agreement on cooperation in the exchange of information in the enforcement of judicial acts, acts of other authorized bodies and officials with the following reservation:

"The Republic of Kazakhstan declares that it reserves the right to apply the provisions of subparagraph (a) of Article 6 of this Agreement to the extent that it does not contradict its legislation.".

3. This Decree shall enter into force from the date of its signing.

President of the Republic of Kazakhstan

K. Tokaev

Approved by Decree of the President of the Republic of Kazakhstan on June 16, 2025 No. 911

Project plan

Agreements on cooperation in the exchange of information in the enforcement of judicial acts, acts of other authorized bodies and officials

The States Parties to this Agreement, hereinafter referred to as the Parties,

Attaching great importance to the deepening of cooperation in order to ensure the protection of human and civil rights and freedoms, the legitimate interests of State and other bodies and organizations in the execution of judicial acts, acts of authorized bodies and officials,

Taking into account the need to improve the activities of the bodies entrusted by the legislation of the Parties with the functions of enforcing judicial acts, acts of authorized bodies and officials of the member States of the Commonwealth of Independent States (hereinafter - CIS),

based on the Parties' desire to develop cooperation in areas of mutual interest,

Welcoming the exchange of information in the field of enforcement,

about the following:

Article 1. Terms and their definitions

For the purposes of this Agreement, the following terms and definitions are used:

requesting Party - The Party requesting the exchange of information (hereinafter referred to as the request) during the enforcement procedure of enforcement documents;

The requested Party is the Party to which the requesting Party addresses with a request during the implementation of the procedure for the enforcement of enforcement documents.;

An enforcement document is a document issued by a court, an authorized body or an official, as well as a notarized document that, in accordance with the legislation of the Party, is subject to enforcement by the enforcement authority.;

enforcement proceedings are a set of actions and measures carried out by the enforcement authority on the grounds and in accordance with the procedure established by the legislation of the Parties for the purpose of executing enforcement documents.;

the enforcement body of a Party is a body or person entrusted by the legislation of the Party with the exercise of functions for the enforcement of judicial acts, acts of authorized bodies and officials.;

the parties to the enforcement proceedings:

the recoverer is the person in whose favor and (or) in whose interests the enforcement document is issued.;

A debtor is a person who is obligated by an enforcement document to perform certain actions in favor of the recoverer or to refrain from performing them.

Article 2. Subject of the Agreement

This Agreement defines the main areas of cooperation between the enforcement authorities of the Parties on the exchange of information in the implementation of the procedure for the enforcement of enforcement documents.

The objectives of the information exchange under the Agreement are to ensure the enforcement of enforcement documents, as well as to increase the effectiveness of the use of legal assistance mechanisms in their execution.

Article 3. Scope of information provided

The enforcement authorities of the Parties, when carrying out the enforcement procedure, exchange:

a) the following information:

about enforcement proceedings;

about the debtor's property status;

about the debtor's place of work, as well as about the official sources and the amount of his income;

about the location of the debtor or his property;

b) information, certificates and documents received from the parties to the enforcement proceedings, other persons and government agencies.

The enforcement authorities of the Parties may also exchange other information necessary to ensure the enforcement of enforcement documents.

Article 4. Exchange of information on enforcement proceedings

Information about enforcement proceedings includes the following information:

a) an enforcement document issued in respect of a person who is an official in enforcement proceedings in the territory of the prohibiting Party, which is (has been) executed by the enforcement authority of the prohibiting Party.;

b) the date of initiation of enforcement proceedings and (or) the date of acceptance of the enforcement document for execution, the name and number of the enforcement document, the content of the requirement of the enforcement document, the stage of its execution;

c) the amount of debt collected, seized property, property submitted for sale, and other results of execution of enforcement documents specified in the request, necessary to avoid double execution of enforcement documents.

Article 5. Obtaining information and supporting documents from the parties to enforcement proceedings, other persons and government agencies

At the request of the requesting Party, the enforcement authority of the requested Party shall ensure that the parties to the enforcement proceedings, other individuals and legal entities located in the territory of the requested Party, as well as from government agencies and officials of the requested Party, information, certificates, documents or duly certified copies thereof.

The execution of a request for clarification from the parties to the enforcement proceedings is carried out based on the issues raised in the request.

Extracts from state registers, other registers and databases, and other documents confirming the property and non-property rights of the parties to enforcement proceedings are sent to each other without translation and free of charge.

Article 6. Obtaining information about the debtor's property status

Upon request of the requesting Party, the Parties shall provide the following information on the funds and property of the person who is the debtor of the enforcement proceedings in the territory of the requesting Party located in the territory of the requested Party.:

a) the availability of the debtor's funds in accounts, deposits or custody in banks and other credit institutions in the territory of the prohibited Party;

b) about immovable property, including land plots belonging to the debtor by right of ownership or other property rights;

c) about vehicles;

d) shares (units, deposits) in the authorized (pooled) capital of commercial organizations registered in the territory of the prohibited Party;

e) about other types of property, information about which is available to the enforcement authority in accordance with the legislation of the prohibiting party.

When executing a request, the Parties may provide information on other property not provided for in this article.

The enforcement authority of the requested party provides information about the debtor's property, Valuable information provided for in this agreement, to the extent that it is available to him for disclosure.

Article 7. Establishing the debtor's place of work, as well as obtaining information about the sources and amount of his income

The Parties, upon request of the requesting Party, establish and provide the following information:

a) about the debtor's place of work (activity), including as an individual entrepreneur;

b) on official sources and the amount of income received from official sources in the territories of the Parties

Information on the official sources and the amount of the debtor's income is established and submitted for the period specified in the request, but not more than 3 years.

Article 8. Establishing the location of the debtor or his property

The Parties, at the request of the requesting Party, establish:

a) the residential address of the debtor, an individual, in the territory of the requested Party in accordance with the place of his registration, as well as if there is information about his actual residence, if he does not reside at the place of registration;

b) the location of the debtor-a legal entity on the territory of the prohibited Zone in accordance with the data of the state register;

c) the location of the debtor's property on the territory of the prohibited Party.

At the same time, in the request for the location of the property, the requesting party indicates the specific property whose location needs to be established, including the necessary data to identify the property.

Article 9. Protection and use of information

1. The enforcement authorities of the Parties shall request, process and use the information provided on the basis of this agreement solely for the purposes provided for in the agreement and the request, and to the extent necessary to achieve these goals.

2. Subject to the provisions of paragraph 3 of this Article, the enforcement authority of a Party that has received information based on this Agreement may disclose it to the parties to the enforcement proceedings, and to third parties only with the consent of the party that provided this information.

3. Information obtained on the basis of this Agreement shall be disclosed to the recoverer in accordance with the enforcement document that served as the basis for the request, to the extent necessary to exercise the recoverer's right to appeal to the court of the Party that provided the information, for recognition and enforcement in its territory of a court decision or act of another official, based on who has been issued such an executive document.

If the legislation of the requested Party provides for a special procedure for disclosing such information to third parties, the enforcement authority of that Party, in response to the request, explains the procedure in which the recoverer can obtain such information, indicating the specific authority to which the recoverer must contact to obtain It.

4. Each Party shall take all measures provided for by its legislation to protect personal data obtained on the basis of this Agreement from accidental loss, illegal use, recording, destruction, transformation, blocking, copying and other illegal interference.

5. Upon request, the Parties shall provide each other with additional information on measures taken to protect information transmitted in accordance with this agreement, as well as on the duration of its storage.

6. The information received is stored for a period of time determined by the legislation of the requesting party.

The information received is stored in enforcement proceedings until it is destroyed in accordance with the legislation of the requesting party.

Article 10. Transmission of request and information

The exchange of information, subject to the provisions of Article 18 of this Agreement, is carried out by accessible means of communication, including facsimile and electronic, followed by sending the original by mail within a reasonable time. When exchanging information, the Parties comply with information security requirements.

The request may be initiated only by the enforcement authority in charge of the enforcement proceedings against the debtor.

The organization of cooperation between enforcement authorities in the exchange of information can be carried out in electronic form by machine-readable documents using secure communication channels.

Article 11. Request content

1. The request of the enforcement authority of the requesting Party must specify:

a) the names of the enforcement authorities of the requesting and requested Parties;

b) the number and date of the executive document, the name of the body or official who issued the executive document for which information is requested;

c) information about the debtor and the recoverer, including:

for individuals - last name, first name, patronymic, place of residence or place of stay, and for an official - also date and place of birth, place of work or place of study (if known) and other identifying data;

for legal entities, the name and location (registration address), and for the debtor, the payer's account number, taxpayer identification number, or other identifying number.;

d) the operative part of a judicial act, an act of an authorized body or official contained in an executive document;

e) the content of the request, as well as a description of the factual circumstances that served as the basis for making the request;

f) other information necessary for the proper execution of the request.

2. A request for clarification from a party to the enforcement proceedings must also contain a list of questions to be asked to the party to the enforcement proceedings.

3. The request, as well as the document prepared by the enforcement authority in connection with the execution of the request, shall be drawn up in writing, signed by an authorized person within his competence and sealed with an official seal.

Article 12. The deadline for completing the request

The deadline for executing the request is 30 working days from the date of receipt of the relevant request by the enforcement authority of the requested party.

The enforcement authority of the requesting party may request the execution of the request in a shorter time.

If it is not possible for the enforcement authority of the requested party to execute the request within the time limit set by this article, it shall notify the enforcement authority of the requesting party as soon as possible.

Article 13. Refusal to fulfill the request

Execution of the request may be refused if execution may prejudice sovereignty, security, or contradict the legislation or international obligations of the requested Party, or if the request is sent on the basis of an enforcement document in respect of which the requesting Party or the requested Party has declared non-application of this agreement in accordance with Article 25 of this agreement.

If the request cannot be satisfied, simultaneously with the return of the documents, the enforcement authority of the requested party notifies of the circumstances that prevent the execution of the request.

Before deciding whether to refuse a request, the enforcement authority of the requested party shall, if necessary, consult with the enforcement authority of the requesting party.

Article 14. Additional information

The enforcement authority of the requested party may henceforth request additional information necessary for the proper execution of the request.

Article 15. Request execution under certain conditions

If the enforcement authority of the requested Party considers that the execution of the request interferes with enforcement proceedings carried out in its State, it may postpone the execution of the request until the circumstances preventing its execution are established, or determine for the enforcement authority that the requesting parties must fulfill the conditions necessary for its Further execution, after consulting with the enforcement authority. the requesting party.

If the enforcement authority of the requesting party agrees to provide assistance on the proposed terms, the Parties shall ensure compliance with these conditions.

Article 16. Confidentiality of the request

The enforcement authority of the requested party, at the request of the enforcement authority of the requesting party, ensures the confidentiality of the request.

If it is impossible to fulfill the request without confidentiality, the enforcement authority of the requested party informs the enforcement authority of the requesting party, which decides whether to fulfill the request under such conditions.

Article 17. Costs

The costs that may arise during the execution of this agreement shall be borne by the enforcement authorities of the party in whose territory the costs arose.

Article 18. The order of interaction

The Parties shall appoint central authorities responsible for the implementation of this Agreement and authorized to interact directly on its implementation.

The Parties may additionally appoint territorial and other bodies authorized to cooperate directly on the implementation of this agreement.

The Parties shall provide the depositary with information about their central authorities and, if any, a list of territorial and other authorities when depositing a notification on the implementation of internal procedures necessary for the entry into force of this agreement.

The Party shall notify the depositary through diplomatic channels as soon as possible of changes in its central, territorial and other bodies authorized to interact directly on the implementation of this agreement.

Article 19. Language

The Parties shall use the Russian language when carrying out cooperation under this Agreement.

Article 20. Making changes

By mutual agreement of the Parties, amendments may be made to this Agreement, which are an integral part of it, which are formalized by the relevant protocol, which enters into force in accordance with the procedure established for the entry into force of this agreement.

Article 21. Resolution of disputes

Disputes between the parties arising from the application and interpretation of this agreement shall be resolved through consultations and negotiations between the parties concerned.

Article 22. Entry into force

This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third written notification that the Signatories have completed the internal procedures necessary for its entry into force.

For the Parties that have completed the internal procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant notifications.

Article 23. The procedure of joining

After its entry into force, this Agreement is open for accession by any State by submitting an instrument of accession to the depositary.

For a CIS member State, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.

For a non-CIS State, this Agreement shall enter into force three months after the date of receipt by the depositary of the last notification of the consent of the signatory and acceding States to such accession.

Article 24. Term of validity

This Agreement is concluded for an indefinite period. Each of the parties has the right to withdraw from this agreement by sending a written notification to the depositary of its intention no later than 3 months before the withdrawal and settling financial and other obligations that have arisen during the validity of this agreement.

Article 25. Reservation

Each of the Parties, when signing or agreeing to be bound by this Agreement, has the right to declare that this Agreement will not apply in whole or in part to executive documents issued by an authorized body or an official outside the judicial system, as well as notarized documents.

The party declaring partial non-application of the agreement defines in the statement the specific provisions of the agreement that it will not apply.

The declaration made at the signing of this Agreement must be confirmed in a notification of the completion of the relevant domestic procedures necessary for its entry into force.

Done in the city of the year in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which sends a certified copy to each signatory State of this Agreement.

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Reservation of the Republic of Kazakhstan to the Agreement on Cooperation in the Exchange of Information in the Enforcement of Judicial Acts, Acts of Other Authorized Bodies and Officials

"The Republic of Kazakhstan declares that it reserves the right to apply the provisions of subparagraph (a) of Article 6 of this Agreement to the extent that it does not contradict its legislation.".

President

Republic of Kazakhstan

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