The jurisdiction of the bailiff does not apply to persons who do not participate in enforcement proceedings.

The legislation on enforcement proceedings is based on the Constitution of the Republic of Kazakhstan (hereinafter referred to as the Constitution), consists of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), and the Law of the Republic of Kazakhstan dated April 2, 2010 No. 261–IV "On Enforcement Proceedings and the Status of Bailiffs" (hereinafter referred to as the Law), the norms of international treaties ratified by the Republic of Kazakhstan, and other regulatory legal acts of the Republic of Kazakhstan. 2. According to the Law, the jurisdiction of the bailiff does not apply to persons who do not participate in enforcement proceedings. However, in accordance with paragraph 2 of Article 13 of the Constitution, Articles 250, 251 of the CPC and 127 of the Law, the actions (inaction) of the bailiff to execute enforcement documents or the refusal to commit such actions may be appealed in court, taking into account the specifics provided for in Articles 250, 251 of the CPC, both by the parties to the enforcement proceedings and persons who believe that their rights and legitimate interests have been violated, obstacles have been created to the exercise of their rights and legitimate interests, or they have been charged with any duty.

The jurisdiction of the bailiff does not apply to persons who do not participate in enforcement proceedings.

A complaint against the actions (inaction) of the bailiff (hereinafter referred to as the complaint) of the recoverer and the debtor is considered in accordance with the procedure provided for in the first part of Article 250 of the CPC. If the execution of the decision affects the property interests of third parties, these persons have the right to apply to the court with a claim to the debtor and the recoverer for restoration of the violated right in accordance with Article 251 of the CPC. At the same time, if the plaintiff has not involved a bailiff in the case, then the court must do this on its own initiative. In this case, the bailiff acts as a third party who does not make independent claims on the subject of the dispute. Within the meaning of the first part of Article 250 of the CPC, it follows that a complaint against the actions (inaction) of the state bailiff is filed with the district (city) court of the territorial area served by the bailiff. A complaint against the actions (inaction) of a private bailiff is filed with the district (city) court at the place of registration of the private bailiff. If several courts of general jurisdiction are located on the territory of a locality, the complaint is filed at the place where the enforcement actions were performed. 3. When deciding whether to accept a complaint signed by a representative, the court must verify his authority.  The powers of the representative to perform each of the procedural actions specified in paragraph 2 of Article 19 of the Law must be specifically provided for in the power of attorney issued by the representative. 4. When deciding whether to take a complaint into proceedings, the court must check whether the party has complied with the deadline provided for in the first part of Article 250 of the CPC. The party who applied to the court is obliged to provide evidence of when it became aware of the action (inaction) or refusal to perform the action committed by the bailiff. From the meaning of the first and second parts of Article 124 of the CPC, it follows that the right to perform a procedural action is extinguished upon the expiration of the procedural period established by law. Therefore, if the recoverer or debtor has filed a complaint after the expiration of the period established by the first part of Article 250 of the CPC, and there is no request to restore the missed deadline, the complaint is not accepted into court proceedings and returned to the applicant by court ruling in accordance with Article 124 of the CPC. The return of the complaint does not prevent a second appeal to the court with an application for reinstatement of the missed deadline attached to the complaint. The restoration of the missed deadline is decided by the court at the stage of accepting the complaint in accordance with the second part of Article 126 of the CPC. 5. When considering a complaint, in order to comply with the time limit set by the second part of Article 250 of the CPC, the court should take measures to properly and promptly notify the participants in the enforcement proceedings of the place and time of the court session.

The jurisdiction of the bailiff does not apply to persons who do not participate in enforcement proceedings.

In the absence of a state bailiff (dismissal, vacation, prolonged, over 10 days, disability or business trip, etc.), another bailiff of the same territorial department may be sent to the court session. Territorial divisions of the authorized body in the regions, cities of Astana and Almaty (hereinafter referred to as territorial bodies) may be defendants in claims for damages and losses caused as a result of illegal actions (inaction) of state bailiffs, or when claims for recovery of court costs are filed. When appealing against his actions (inaction), a private bailiff is a party to civil proceedings, therefore, he is subject to the rights and obligations of persons involved in the case, including the right to conduct a case in court through a representative. When considering a complaint, the court has the right to demand the materials of the enforcement proceedings, which, after their examination, are returned to the bailiff, and their copies are attached to the case file. 6. When considering a complaint in accordance with Article 250 of the CPC or a claim for the protection of property interests of third parties in the process of executing enforcement documents in accordance with Article 251 of the CPC, it should be borne in mind that: recovery of enforcement documents is primarily directed to the debtor's money, including those held in banks and organizations engaged in certain types of banking operations, from third parties, unless otherwise specified in the enforcement document, with the exception of monetary amounts that cannot be levied.; if the debtor does not have enough money to repay the debt, foreclosure is levied on other property of the debtor. 7. When appealing against the actions (inaction) of the bailiff on the illegality of foreclosure on other (except money) property belonging to the debtor, the court verifies which actions in the framework of enforcement proceedings were performed by the bailiff, whether they comply with the requirements of the Law. For the purposes of judicial control aimed at protecting the right of private property, foreclosure on immovable property is carried out in accordance with Article 246 of the CPC. In such cases, the requirements of paragraph 8 of Article 55 of the Law do not apply. When deciding whether to foreclose on property, the court must proceed from the rules of the order of sale of property provided for in Article 72 of the Law, find out the ownership of the property to the debtor, its actual value and the encumbrances on it, as well as assess the proportionality of the value of the property to the amount of the remaining debt, the duration of the enforcement document for execution and other circumstances worthy of attention. In the court's ruling, which changed the method and procedure for executing the decision by foreclosing on the debtor's property, it is necessary to indicate the identification characteristics of the property. At the same time, the court does not determine the initial selling value of the property, since such a right belongs to the bailiff at the stage of execution (article 68 of the Law). 8. In accordance with the requirements of article 60 of the Law, foreclosure on the debtor's share in the common property is provided for by dividing the common property, determining the share or allocating the share in court at the request of the bailiff or at the claim of the recoverer. When foreclosing on the debtor's debts on property that is common joint property, the bailiff or a party to the enforcement proceedings must apply to the court with a request to determine the debtor's share, if the shares are not determined in accordance with the procedure established by law. Based on the results of the review, the court issues a ruling on the establishment of the debtor's share in the specific property that is being foreclosed on. The issue of allocating a share or dividing shared property is resolved in accordance with Articles 216, 218 and 222 of the Civil Code. 9. If the debtor's other property is insufficient to fully satisfy all claims made against it, the bailiff has the right to: foreclose on the debtor's property pledged by third parties (when the pledgor and the debtor coincide in one person), while respecting the rights of the pledgee to pre-emptively satisfy his claim from the value of the pledged property; to foreclose on the debtor's property, which is limited in its disposal, by decision of the authorized body in accordance with Article 613 of the Code of the Republic of Kazakhstan "On Taxes and other mandatory payments to the Budget (Tax Code)" with a written notification to the authorized body. 10. The issue of foreclosure on property that is collateral for the obligation of a mortgage housing loan, as well as on the subject of collateral belonging to a third party (the real surety), is subject to consideration by the court in a separate lawsuit on the claim of the mortgagee for foreclosure on the mortgaged property in accordance with the requirements of Article 21 of the Law of the Republic of Kazakhstan dated December 23, 1995. No. 2723 "On mortgage of real estate". 11. The decision on the appointment of an appraiser and the transfer of the debtor's property to auction are the prerogative of the bailiff, which is provided for in articles 68, 74 of the Law.

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