Separate execution or postponement of a judicial act
In the event of circumstances that, for good reasons of the debtor, complicate the execution of enforcement actions by the bailiff or make it impossible to recover the amount of arrears, the debtor has the right to apply to the court that considered the case or to the court with a request to change the method and procedure for executing the court decision at the place of execution. Article 238 of the" code of Civil Procedure of the Republic of Kazakhstan", as well as Article 40 of the law" on enforcement proceedings and the status of bailiffs " provides for the rights of debtors to postpone the execution of a court decision and pay in installments. Postponement of the execution of a court decision means the postponement of obligations under a judicial act or enforcement proceedings by a private bailiff (hereinafter referred to as the ITU) for a one - time execution by agreement of the parties with a postponement for a certain period/time. Before the agreed date for debt collection, the recoverer and ICO may not take any actions to forcibly collect debts. Installment payment for the execution of a court decision is the fulfillment of obligations by paying monthly installments until the full execution of a writ of execution, arbitration decision or court decision. The term and plan of the installment plan are agreed between the parties to the enforcement proceedings by applying to the debtor, the recoverer and the IEC with a reasoned application letter. If it is not possible to decide with the recoverer on the plan of deferral or installment execution of the execution of a judicial act, within the framework of enforcement proceedings, the debtor has the right to apply to the court, judge, who issued the same decision, with a request for deferral/installment payment. The court is obliged to consider and resolve the application, postponement, installment payment or application for changing the method and procedure for the execution of a court decision within ten working days from the date of receipt of the application to the court. The court, considering the case and making a decision, has the right, at the request of the persons participating in the case, to postpone or extend the execution of the decision based on the property status of the parties or other valid reasons. It is necessary to pay attention to the fact that the debtor's application is considered at a court session with the participation of the parties. Persons participating in the case are notified of the time and place of the meeting by the court Secretary. The absence of these persons is not an obstacle to resolving the issue posed to the court. In case of disagreement with the court ruling on the issue of postponing or dividing the execution of the mother, changing the method and procedure for its execution, a separate appeal may be filed with the court of Appeal.
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