LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 1998 No. 253-I

About enforcement proceeding and the status of legal executives

This Law establishes legal, organizational and economic basis of enforcement proceeding, and also determines legal status of legal executives.

Chapter 1. Basic provisions

Article 1. Enforcement proceeding tasks

Tasks of enforcement proceeding are obligatory and timely execution of judgments, determinations and resolutions on civil and administrative cases, sentences and resolutions on criminal cases regarding property penalties, and also execution in the cases of decisions and resolutions of other bodies provided by this Law.

Article 2. Legislation on enforcement proceeding

The legislation on enforcement proceeding is based on the Constitution of the Republic of Kazakhstan, regulations of the international treaties ratified by the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

Article 3. Procedure for application of the legislation on enforcement proceeding

1. The enforcement proceeding is performed according to the regulations operating during making of executive actions.

2. The enforcement proceeding on debt collection of tax and other obligatory payments in the budget, is made by penalty fee for payment delay of penalties and other sanctions for violation of the law about taxes and other obligatory payments in the budget according to the procedure, established by this Law, and according to the tax and customs legislation.

2-1. The enforcement proceeding on collection from the state of the amounts of capitalization, the corresponding time payments on indemnification caused to life and health of workers in case of absence or insufficiency of property at the liquidated legal entity recognized in accordance with the established procedure responsible for this harm is performed according to the procedure, determined by the Government of the Republic of Kazakhstan.

3. The enforcement proceeding concerning executive documents of other states in the territory of the Republic of Kazakhstan is performed according to the current legislation if other does not follow from the international treaties ratified by the Republic of Kazakhstan.

Article 4. Bodies of enforcement proceeding

1. Execution of the executive documents listed in article 5 of this Law is assigned to legal executives of territorial authorities and departments of authorized body of ensuring execution of executive documents.

2. In the cases provided by the law, execution of executive documents is performed with assistance of bailiffs.

3. Other bodies, the organizations and officials perform executive actions for forced execution of executive documents only owing to direct specifying on it in the law.

Article 4-1. System and competence of bodies of enforcement proceeding

1. The system of bodies of enforcement proceeding is formed:

1) authorized state body on ensuring execution of executive documents (further - authorized body);

2) territorial authorities of authorized body in areas, the cities of Astana and Almaty (territorial authorities);

3) departments of territorial authorities in areas, the cities and areas in the cities (territorial departments). Territorial departments can have current accounts in banks, and also seal and stamps.

2. Powers and procedure for activities of authorized body are determined by the provision approved by the President of the Republic of Kazakhstan.

Powers and procedure for activities of territorial authorities and territorial departments of authorized body are determined by the provisions approved by authorized body.

3. Nobody has the right to interfere with office activities of the employee of bodies of enforcement proceeding, except persons which are directly authorized on that by legal acts. Illegal intervention in activities of the employee of bodies of enforcement proceeding attracts the responsibility established by the laws of the Republic of Kazakhstan.

Article 5. List of executive documents

1. Executive documents are:

1) the writs of execution issued based on court resolutions;

2) the writs issued according to the civil procedural legislation of the Republic of Kazakhstan;

3) the writs of execution issued based on court resolutions about forced execution in the territory of the Republic of Kazakhstan of solutions of the international, foreign vessels and arbitration;

3-1) writs of execution issued based on determination of court about forced execution of decisions of reference tribunals;

4) the decrees of courts issued on the case of administrative offense in the cases provided by the Code of the Republic of Kazakhstan about administrative offenses;

5) resolutions of courts on forced execution of the resolution of body (official), the representative to consider cases on administrative offenses in the cases provided by the Code of the Republic of Kazakhstan about administrative offenses;

6) resolution of the prosecutor on forced execution of its requirements;

7) resolutions of other bodies in the cases provided by the laws of the Republic of Kazakhstan.

2. In case of loss of the executive document the basis for collection is its duplicate issued in stipulated by the legislation procedure for the Republic of Kazakhstan by the body which issued the executive document.

Chapter 2. General terms of making of executive actions

Article 6. Bases of application of measures of forced execution

The basis for application of measures of forced execution is the executive document accepted by the legal executive to the production in the procedure established by this Law, and the expiration, established by the legal executive for voluntary execution according to article 10 of this Law.

Article 7. Terms of presentation of executive documents to execution

1. Executive documents can be shown to forced execution in the following terms:

1) the writs and writs of execution issued based on court resolutions - within three years;

1-1) writs of execution issued based on determination of court about forced execution of decisions of reference tribunals or arbitration - within three years;

2) the decrees of courts issued on the case of administrative offense - within one year if other terms are not established by the law;

3) resolutions of courts on forced execution of the resolution of body (official), the representative to consider cases on administrative offenses, - within one year;

4) resolutions of the prosecutor - within three months.

2. The specified terms are estimated:

1) in case of execution of the writs of execution issued based on court resolutions regarding property penalties - from the date of, the introduction of court resolution following later in legal force or the terminations of the term established in case of delay or extension of the deadline for executing court resolution, and in cases when the court resolution is subject to immediate execution, - from the date of, its removal following later;

1-1) in case of execution of the writs of execution issued based on determination of court about forced execution of decisions of reference tribunals or arbitration - from the date of, the introduction of the decision following later in force;

2) in case of execution of decrees of the vessels issued on the case of administrative offense - from the date of pronouncement of the resolution;

3) in case of execution of resolutions of courts on forced execution of the resolution of body (official), representative to consider cases on administrative offenses, - from the date of, the decision making following later about forced execution;

4) according to all other executive documents - from the date of, following after their issue.

3. Decisions on collection of periodical payments (on cases on collection of the alimony, on indemnification, caused by mutilation or other damage of health and another) executive documents are valid for all the time on which payments are awarded. In these cases terms are estimated for each payment separately.

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