Regulatory legal acts regulating enforcement proceedings
In accordance with paragraph 3 of Article 76 of the Constitution of the Republic of Kazakhstan, judicial acts that have entered into legal force are binding on all State bodies, local governments, legal entities, officials, citizens and are subject to execution throughout the territory of the Republic of Kazakhstan.
The purpose of enforcement proceedings is to ensure the effective restoration of violated or disputed rights or legally protected interests.
Appealing against the actions (inaction) of a bailiff is a form of judicial control in enforcement proceedings, the purpose of which is to protect the rights and interests of the parties to the enforcement proceedings.
The main regulatory legal acts regulating the issues of enforcement proceedings are:
The Constitution of the Republic of Kazakhstan;
APPC;
GK;
GPC;
The Law on Enforcement Proceedings;
The Law of the Republic of Kazakhstan "On Valuation activities in the Republic of Kazakhstan";
NP of the Supreme Court of March 31, 2017 No. 1 "On the application by courts of certain norms of legislation on enforcement proceedings";
NP of the Supreme Court of December 19, 2003 No. 12 "On liability for non-enforcement of judicial acts";
Rules approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated February 20, 2015 No. 100;
Resolution of the Government of the Republic of Kazakhstan dated May 4, 2014 No. 437 "On approval of the amount of payment for the activities of a private bailiff".
ANALYSIS from the Supreme Court of the Republic of Kazakhstan on judicial practice of considering administrative cases challenging decisions, actions (inaction) of bailiffs
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