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On amendments and additions to certain legislative acts of the Republic of Kazakhstan on enforcement proceedings and the status of bailiffs and the prevention of offenses

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On amendments and additions to certain legislative acts of the Republic of Kazakhstan on enforcement proceedings and the status of bailiffs and the prevention of offenses

The Law of the Republic of Kazakhstan dated July 1, 2026 No. 330-VIII SAM

 

Article 1. To make amendments and additions to the following legislative acts of the Republic of Kazakhstan:

     1. To the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement proceedings and the Status of Bailiffs":

     1) paragraph 1 of Article 10-5 should be supplemented with subparagraph 3) as follows:

     "3) the debtor is released from administrative responsibility or imposed administrative penalty on the basis of a decision of the authorized body (official) in accordance with the procedure established by the legislation of the Republic of Kazakhstan.";

     2) add the words ", the head (acting as such) of the legal entity that is the debtor" to subparagraph 3) of paragraph 1 of Article 12;

     "3)"in paragraph 1 of Article 16, the words "in electronic form" should be replaced by the words "in the state automated digital system of enforcement proceedings".;

     4) in subparagraph 3) of paragraph 1 of Article 34, the words "bailiff upon expiration of the term of execution provided for in Article 39 of this Law, and according to enforcement documents on the recovery of alimony in case of arrears" should be replaced by the words "upon expiration of the term of execution provided by the bailiff, but not more than one month, and according to enforcement documents on recovery of alimony in case of debt formation by the bailiff";

     5) paragraph 1 of Article 35-1 should be worded as follows:

     "1. If he fails to appear on a call without valid reasons to familiarize himself with the protocol of the inventory and seizure of property, in the absence of an inventory of property, the debtor may, by a reasoned order of the bailiff, authorized by the court, be brought.

     The drive to bring the debtor to administrative responsibility for non-execution of the enforcement document is carried out in accordance with the procedure established by the Code of the Republic of Kazakhstan on Administrative Offenses.";

     6) in paragraph 1 of article 47:

     in subparagraph 5-2), the words "information about which is reflected in the database of credit bureaus" should be deleted;

     add subparagraph 5-3) to read as follows:

     "5-3) the debtor is released from administrative responsibility or imposed administrative penalty on the basis of a decision of the authorized body (official) in accordance with the procedure established by the legislation of the Republic of Kazakhstan;";

     7) in subparagraph 13) of the second part of paragraph 3 of Article 62, the words "a case has been initiated on the application of the procedure or" should be deleted;

     8) add the words ", within ten working days from the date of familiarization with the assessment" to the first sentence of paragraph 3 of Article 68;

     "9") paragraph 6 of Article 118 after the words "Article 9" should be supplemented with the words ", as well as in the case provided for in subparagraph 5-3) of paragraph 1 of Article 47".;

     10) add subparagraph 4) to the third part of paragraph 1 of Article 124 as follows:

     "4) the debtor is released from administrative responsibility or imposed administrative penalty on the basis of a decision of the authorized body (official) in accordance with the procedure established by the legislation of the Republic of Kazakhstan.";

     "11") subparagraph 6) of paragraph 1 of Article 138, after the words "seizures of land plots", add the words "on the obligation of the debtor to commit certain actions or refrain from committing them".;

     "12)"in subparagraph 8) of paragraph 2 of article 140, the word "three" should be replaced by the word "five".;

     13) in paragraph 2-2 of article 146:

     Add sub-paragraphs 6) and 7) to the second part as follows:

     "6) unjustified seizure of property and its damage;

     7) non-compliance with the requirements for the sale and transfer of property, resulting in harm.";

     Replace "Contract" in Part Three with "Model contract".;

     14) subparagraph 11) of Article 167 should be supplemented with the thirteenth paragraph as follows:

     "a standard contract for professional liability insurance of private bailiffs in coordination with the authorized body for regulation, control and supervision of the financial market and financial organizations;".

     2. To the Law of the Republic of Kazakhstan dated December 27, 2021 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the implementation of a three-tier model with the division of powers and areas of responsibility between law enforcement agencies, the Prosecutor's Office and the Court":

     The fourth paragraph of subparagraph 4) of Article 2 should be deleted.

     3. To the Law of the Republic of Kazakhstan dated December 30, 2025 "On the Prevention of Offenses":

     "1)"In subparagraph 4) of Article 7, the words "prevention of offenses" should be replaced by the words "implementation of the constitutional principle of Law and Order".;

     2) in subparagraph 3) of Article 8, the words "for the prevention of offenses," should be deleted;

     3) in article 9:

     in paragraph 1:

     The first paragraph should be worded as follows:

     "1. Local executive bodies of the capital, regions, cities of republican significance:";

     in subparagraph 9), the words "for the prevention of offenses," should be deleted;

     add subparagraph 9-1) to read as follows:

     "9-1) form interdepartmental commissions for the implementation of the constitutional principle of Law and Order, approve their composition and position, and ensure their functioning;";

     in paragraph 2:

     In subparagraph 3), the words "for the prevention of offenses," should be deleted.;

     add subparagraph 3-1) as follows:

     "3-1) form interdepartmental commissions on the implementation of the constitutional principle of Law and Order in the administrative-territorial units defined by paragraph 2 of Article 38 of this Law, approve their composition and position, and ensure their functioning;";

     4) Article 38 should be worded as follows:

     "Article 38. Interdepartmental Commission for the Implementation of the Constitutional principle of Law and Order

     1. The Interdepartmental Commission for the Implementation of the Constitutional Principle of Law and Order is a permanent consultative and advisory body that coordinates the activities of government agencies on crime prevention and the implementation of the Concept of Promoting the Ideology of Law and Order in society for 2025-2030.

     2. The Interdepartmental Commission for the implementation of the constitutional principle of Law and Order is formed under the Government of the Republic of Kazakhstan, as well as under the local executive bodies of the capital, regions, cities of republican significance, districts, cities of regional and district significance, districts in the capital, cities of republican and regional significance.

     3. To analyze the activities of government agencies and develop recommendations, an interdepartmental group is being created, whose activities are determined by the rules for project management approved by the authorized project management body.

     The recommendations of the interdepartmental group are considered at meetings of interdepartmental commissions on the implementation of the constitutional principle of Law and Order.

     4. The composition and position of the interdepartmental commission for the implementation of the constitutional principle of Law and Order under the Government of the Republic of Kazakhstan are approved by the President of the Republic of Kazakhstan, under local executive bodies – by decisions of the akims of the relevant administrative-territorial unit.";

     5) add the words "and the implementation of the constitutional principle of Law and Order" to subparagraph 1) of paragraph 2 of Article 39;

     6) in article 72:

     in paragraph 4:

     ""in part two, replace the words "at meetings of regional interdepartmental commissions for the prevention of offenses" with the words "at meetings of interdepartmental commissions for the implementation of the constitutional principle of Law and Order, formed under local executive bodies,";

     ""In part four, the words "prevention of offenses" should be replaced by the words "implementation of the constitutional principle of Law and Order".;

     ""In paragraph 7, the words "At meetings of regional interdepartmental commissions for the prevention of offenses" should be replaced by the words "At meetings of interdepartmental commissions for the implementation of the constitutional principle of Law and Order, formed under local executive bodies,";

     "7)"In paragraph 2 of Article 74 and paragraph 5 of Article 75, the words "At meetings of regional interdepartmental commissions for the prevention of offenses" should be replaced by the words "At meetings of interdepartmental commissions for the implementation of the constitutional principle of Law and Order, formed under local executive bodies."

Article 2. This Law shall enter into force sixty calendar days after the date of its first official publication, with the exception of:

     1) subitems 1), paragraphs 3 and 4 of subitems 6), subitems 8), 9) and 10) of paragraph 1 of Article 1, which shall enter into force from the date of its first official publication;

     2) paragraph 2 of Article 1, which will enter into force on January 1, 2027.

 

 

 

President    

Republic of Kazakhstan     

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