On the Approval of the Amounts of Remuneration for Private Bailiffs
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
In accordance with 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 private bailiffs.
The Department for Enforcement under 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:
state registration of this order;
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 entrusted to the supervising Vice Minister of Justice of the Republic of Kazakhstan.
This order shall enter into force upon the expiration of ten calendar days after the date of its first official publication.
Minister of Justice of the Republic of KazakhstanA. Eskarayev
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 Private Bailiffs
The amount of remuneration for private bailiffs payable in the course of enforcement proceedings, depending on the category of cases, shall be established as follows:
For enforcement documents of a pecuniary (monetary) nature, depending on the amount of recovery:
Up to 60 MCI – 25% of the recovered amount;
From 60 to 300 MCI – 20% of the recovered amount;
From 300 to 1,000 MCI – 15% of the recovered amount;
From 1,000 to 5,000 MCI – 10% of the recovered amount;
From 5,000 to 10,000 MCI – 8% of the recovered amount;
From 10,000 to 20,000 MCI – 5% of the recovered amount;
Over 20,000 MCI – 3% of the recovered amount.
For enforcement documents of a non-pecuniary (non-monetary) nature:
On eviction and/or move-in orders, orders to oblige the debtor to perform or refrain from certain actions – 50 MCI for individuals, 100 MCI for legal entities;
On securing claims, release of property from seizure, and other enforcement documents – 10 MCI for individuals, 20 MCI for legal entities;
On the arrangement of access to a child – 20 MCI per month for individuals.
For enforcement documents on the recovery of periodic payments:
On the recovery of alimony and compensation for damage caused by injury or other health impairment – 1 MCI from the recovered amount quarterly.
In case of recovery of arrears, the remuneration for the private bailiff shall be determined in accordance with subparagraph 1) of these remuneration amounts.
Note:
Recovered amount refers to the amount of the monetary claim contained in the enforcement document, or the portion of the claim submitted by the creditor for enforcement.
If the pecuniary enforcement document is only partially executed, the private bailiff shall be paid only a portion of the remuneration, proportional to the amount recovered or the value of the property.
In enforcement documents concerning the arrangement of access to a child, the remuneration of the private bailiff shall be borne equally by both the claimant and the debtor.
The remuneration for the private bailiff shall be recovered from the party who filed the petition for interim measures. For enforcement documents concerning the cancellation of such measures, the remuneration shall be recovered from the person who filed the petition and whose claim was denied. In case the claim is granted, the remuneration shall be recovered from the person against whom the interim measures were taken.
MCI (Monthly Calculation Index) – is an index determined annually by the Law of the Republic of Kazakhstan “On the Republican Budget”.
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