NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of May 26, 2022 No. 6

About application of the legislation by courts by hearing of cases about contest of executive text

For the purpose of ensuring unity of court practice of application by courts of the legislation regulating questions of making by notaries of executive text, the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations.

1. The legislation on the specified legal relationship is based on the Constitution of the Republic of Kazakhstan (further – the Constitution) and 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 July 14, 1997 No. 155-I "About notariate" (further – the Law on notariate), 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 on enforcement proceeding), Rules of making of the notarial actions by notaries approved by the order of the Minister of Justice of the Republic of Kazakhstan of January 31, 2012 No. 31 (further – Rules) and other regulatory legal acts.

2. The executive text represents the order of the notary about collection from the debtor of the certain sum of money which is due to the claimant or reclamation of other personal estate. The executive text owing to subitem 15-1) of Item 1 of article 34 of the Law on notariate is one of types of the notarial actions made by notaries.

3. The cognizance item of claims according to the procedure of special proceeding provided by Chapter 45 GPK is check of correctness of making of executive text or legitimacy of refusal in its making.

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