of June 20, 2005 No. 2
About some questions of application by courts of the legislation on enforcement proceeding
Due to the need of uniform application of legislation questions by courts by consideration of civil cases according to statements of physical persons and legal entities for contest of actions of the legal executive, the plenary session of the Supreme Court of the Republic of Kazakhstan DECIDES:
1. By hearing of cases, following from enforcement proceeding, it must be kept in mind that the legislation on this matter is based on the Constitution of the Republic of Kazakhstan, regulations of the international treaties ratified by the Republic of Kazakhstan and consists of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives" (further - the Law), and other regulatory legal acts of the Republic of Kazakhstan.
2. According to article 31 of the Law the basis for application of measures of forced execution is the executive document accepted by the legal executive to production according to the procedure, established by the Law.
The list of executive documents is provided in article 9 of the Law. By consideration of the claim to actions (failure to act) of the legal executive the court shall check justification of excitement of enforcement proceeding.
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The document ceased to be valid since April 18, 2017 according to Item 30 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan of March 31, 2017 No. 1