LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 26, 2020 No. 349-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of enforcement proceeding and the penal legislation

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 2, Art. 13, 14, 15; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 85; No. 13, Art. 91; No. 14, Art. 92; No. 20, Art. 121; No. 21-22, of Art. 124; 2013, No. 4, Art. 21; No. 10-11, of Art. 56; No. 15, Art. 82; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 11, Art. 61, 69; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 19-I, Art. 100; No. 19-II, Art. 102; No. 20-VII, Art. 117, 119; No. 22-I, Art. 143; No. 22-II, Art. 145; No. 22-III, Art. 149; No. 22-VI, Art. 159; No. 22-VII, Art. 161; 2016, No. 7-I, Art. 49; No. 7-II, Art. 53; No. 8-I, Art. 62; No. 12, Art. 87; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 13, Art. 45; No. 21, Art. 98; 2018, No. 11, Art. 37; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 47, 50; No. 19, Art. 62; 2019, No. 2, Art. 6; No. 7, Art. 37; No. 15-16, of Art. 67; No. 19-20, of Art. 86; No. 23, Art. 103; No. 24-I, Art. 118):

1) in Item 1 of Article 740:

third to add part with the subitem 8) of the following content:

"8) on the money which is on the current account of the private legal executive intended for storage of the collected amounts of advantage of claimants.";

add with part five of the following content:

"The subitem provision 8) of part three of this Item does not extend to the restrictions imposed by authorized body in the field of ensuring execution of executive documents, its territorial authorities on suspension of account transactions according to the current account intended for storage of the collected amounts of advantage of claimants, the private legal executive whose licenses it is suspended or stopped or of which licenses deprived.";

Part the second Article 741 to add 2) with the subitem 7) of the following content:

"7) on the money which is on the current account of the private legal executive intended for storage of the collected amounts of advantage of claimants.".

2. In the Budget code of the Republic of Kazakhstan of December 4, 2008 (The sheet of Parliament of the Republic of Kazakhstan, 2008, No. 21, Art. 93; 2009, No. 23, Art. 112; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 7, Art. 29, 32; No. 15, Art. 71; No. 24, Art. 146, 149, 150; 2011, No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 7, Art. 54; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 125; No. 16, Art. 129; No. 20, Art. 151; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 16; No. 3, Art. 21; No. 4, Art. 30, 32; No. 5, Art. 36, 41; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 94; No. 18-19, of Art. 119; No. 23-24, of Art. 125; 2013, No. 2, Art. 13; No. 5-6, of Art. 30; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 13, Art. 63; No. 14, Art. 72; No. 15, Art. 81, 82; No. 16, Art. 83; No. 20, Art. 113; No. 21-22, of Art. 114; 2014, No. 1, Art. 6; No. 2, Art. 10, 12; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44; No. 11, Art. 63, 69; No. 12, Art. 82; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; 2015, No. 2, Art. 3; No. 11, Art. 57; No. 14, Art. 72; No. 15, Art. 78; No. 19-I, Art. 100; No. 19-II, Art. 106; No. 20-IV, Art. 113; No. 20-VII, Art. 117; No. 21-I, Art. 121, 124; No. 21-II, Art. 130, 132; No. 22-I, Art. 140, 143; No. 22-ІІ, Art. 144; No. 22-V, Art. 156; No. 22-VI, Art. 159; No. 23-II, Art. 172; 2016, No. 7-II, Art. 53; No. 8-I, Art. 62; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 119; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 6, Art. 11; No. 9, Art. 18; No. 10, Art. 23; No. 13, Art. 45; No. 14, Art. 51; No. 15, Art. 55; No. 20, Art. 96; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 115; 2018, No. 1, Art. 2; No. 7-8, of Art. 22; No. 9, Art. 31; No. 10, Art. 32; No. 12, Art. 39; No. 14, Art. 42; No. 15, Art. 47, 50; No. 16, Art. 55; No. 19, Art. 62; No. 22, Art. 82, 83; No. 24, Art. 93; 2019, No. 1, Art. 4; No. 5-6, of Art. 27; No. 7, Art. 37, 39; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; No. 23, Art. 99, 106; No. 24-I, Art. 118, 119; The Law of the Republic of Kazakhstan of May 6, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning social security", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 7, 2020; The Law of the Republic of Kazakhstan of May 13, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of migratory processes", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 14, 2020; The Law of the Republic of Kazakhstan of May 25, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning mobilization preparation and mobilization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 26, 2020; The law of the Republic of Kazakhstan of June 9, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning reducing number of operators of housing programmes", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 10, 2020):

in Article 98:

in Item 1:

in the offer the first word part one "the sheet or the order issued according to the decisions which took legal effect, determinations, resolutions, orders of courts, and also connected" shall be replaced with words "the document, and also the document, connected";

in word part two "the sheet or the order issued according to the decision (sentence, determination, the resolution) of court, or the writ on money recovery" to replace with the word of "document";

in Item 2:

in word part two "the original of the writ of execution or the order which is the basis for its creation, or the copy of this document confirmed page by page by print of official stamp of court" shall be replaced with words "copies of the executive document, the confirmed seal of the private legal executive or territorial authority of authorized body in the field of ensuring execution of executive documents";

in word part three "the writ of execution or the order" shall be replaced with words "the executive document, except as specified, stipulated in Item the 5th article 35 of the Law of the Republic of Kazakhstan "About payments and payment systems".

3. In the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" (Sheets of Parliament of the Republic of Kazakhstan, 2011, No. 22, Art. 174; 2012, No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 2, Art. 13; No. 9, Art. 51; No. 10-11, of Art. 56; No. 14, Art. 72; 2014, No. 1, Art. 9; No. 6, Art. 28; No. 14, Art. 84; No. 19-I, 19-II, Art. 94, 96; No. 21, Art. 122; No. 22, Art. 128; 2015, No. 10, Art. 50; No. 20-VII, Art. 115; No. 22-II, Art. 145; No. 23-II, Art. 170; 2016, No. 8-II, Art. 67; 2017, No. 8, Art. 16; No. 16, Art. 56; 2018, No. 14, Art. 42; 2019, No. 2, Art. 6; No. 7, Art. 36; No. 21-22, of Art. 90; No. 24-II, Art. 120; The law of the Republic of Kazakhstan of May 13, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of migratory processes", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 14, 2020):

Article 165 part one after the words "from its salary and other income" to add 1) with words ", subject to obtaining from the date of their payments,";

2) in Item 3 of Article 169:

in the offer the second part one the word "earnings and other income, debt on the alimony are determined" shall be replaced with words "the salary and other income, monthly payments and (or) debt on the alimony are determined";

add with part three of the following content:

"For the debtors who are disabled people, monthly payment or debt on the alimony is determined from their monthly salary and other income and if they do not work, - is determined from the monthly allowances and (or) social payments paid from budgetary funds and (or) the State Social Insurance Fund.".

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