.png)
On Approval of the Amounts of Remuneration for the Activities of a Private Bailiff
Order of the Minister of Justice of the Republic of Kazakhstan dated June 27, 2023 No. 416.Registered with the Ministry of Justice of the Republic of Kazakhstan on June 27, 2023 No. 32907
Pursuant to paragraph 4 of Article 118 of the Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs,” I HEREBY ORDER:
To approve the attached amounts of remuneration for the activities of a private bailiff.
The Department for Compulsory Enforcement of the Ministry of Justice of the Republic of Kazakhstan shall, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, ensure:
the state registration of this order;
the publication of this order on the official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.
Control over the execution of this order shall be assigned to the supervising Vice Minister of Justice of the Republic of Kazakhstan.
This order shall enter into force ten calendar days after the date of its first official publication.
Minister of Justice of the Republic of KazakhstanA. Eskaraev
Approved by Order of the Minister of Justice of the Republic of Kazakhstandated June 27, 2023 No. 416
Amounts of Remuneration for the Activities of a Private Bailiff
The amount of remuneration for the activities of a private bailiff, payable within the framework of enforcement proceedings depending on the category of cases, shall be established as follows:
For enforcement documents of a proprietary (monetary) nature, depending on the amount recovered:
up to 60 MCI – 25% of the amount recovered;
from 60 to 300 MCI – 20% of the amount recovered;
from 300 to 1,000 MCI – 15% of the amount recovered;
from 1,000 to 5,000 MCI – 10% of the amount recovered;
from 5,000 to 10,000 MCI – 8% of the amount recovered;
from 10,000 to 20,000 MCI – 5% of the amount recovered;
over 20,000 MCI – 3% of the amount recovered.
For enforcement documents of a non-proprietary (non-monetary) nature:
on eviction and/or settlement, obliging the debtor to perform certain actions and/or refrain from performing them – from individuals: 50 MCI, from legal entities: 100 MCI;
on securing a claim, releasing property from seizure, and other enforcement documents – from individuals: 10 MCI, from legal entities: 20 MCI;
on arrangements for contact with a child – from individuals: 20 MCI per month.
For enforcement documents on recovery of periodic payments:
on recovery of alimony and compensation for harm caused by injury or other damage to health – 1 MCI of the amount recovered quarterly.
In the recovery of outstanding debt, the remuneration of the private bailiff shall be carried out in accordance with subparagraph 1) of these amounts of remuneration.
Note:
“Amount recovered” means the amount of monetary claim specified in the enforcement document or part of the monetary claim submitted by the claimant for compulsory enforcement.
If the enforcement document of a proprietary nature is executed partially, the private bailiff shall be paid only a proportionate part of the remuneration corresponding to the recovered amount or the value of the property.
For enforcement documents regarding contact with a child, the remuneration of the private bailiff shall be shared equally between the claimant and the debtor.
The remuneration of the private bailiff shall be recovered from the party that filed the petition for interim measures. For enforcement documents on the cancellation of interim measures, the remuneration shall be recovered from the party that filed the petition for such measures and whose claim was denied. In case the claim is satisfied, the remuneration for the cancellation of interim measures shall be recovered from the party against whom such measures were taken.
MCI – monthly calculation index, established annually by the Law of the Republic of Kazakhstan “On the Republican Budget.”
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
