NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of March 31, 2017 No. 1

About application by courts of some regulations of the legislation on enforcement proceeding

For the purpose of ensuring the correct application of the legislation on enforcement proceeding and forming of uniform court practice the plenary session of the Supreme Court of the Republic of Kazakhstan

decides:

1. The legislation on enforcement proceeding is based on the Constitution of the Republic of Kazakhstan (further - the Constitution), consists of the Civil code of the Republic of Kazakhstan (further - group of companies), the Code of civil procedure of the Republic of Kazakhstan (further - GPK), the Law of the Republic of Kazakhstan of April 2, 2010 No. 261-IV "About enforcement proceeding and the status of legal executives" (further - the Law), regulations of the international treaties ratified by the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan.

2. According to the Law jurisdiction of the legal executive does not extend to persons who do not participate in enforcement proceeding. However according to Item 2 of article 13 of the Constitution, articles 250, 251 GPK and 127 Laws of action (failure to act) of the legal executive for execution of executive documents or refusal in making of such actions can be appealed in court in claim procedure, considering the features provided by Articles 250, 251 GPK both the parties of enforcement proceeding, and persons which consider that their rights and legitimate interests are violated, obstacles to implementation by them of the rights and legitimate interests are created, or any obligation is assigned to them.

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