LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 15, 2014 No. 164-V ZRK

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

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

1. In the Criminal Code of Kazakhstan of July 16, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 15-16, of Art. 211; 1998, No. 16, Art. 219; No. 17-18, of Art. 225; 1999, No. 20, Art. 721; No. 21, Art. 774; 2000, No. 6, Art. 141; 2001, No. 8, Art. 53, 54; 2002, No. 4, Art. 32, 33; No. 10, Art. 106; No. 17, Art. 155; No. 23-24, of Art. 192; 2003, No. 15, Art. 137; No. 18, Art. 142; 2004, No. 5, Art. 22; No. 17, Art. 97; No. 23, Art. 139; 2005, No. 13, Art. 53; No. 14, Art. 58; No. 21-22, of Art. 87; 2006, No. 2, Art. 19; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 12, Art. 72; No. 15, Art. 92; 2007, No. 1, Art. 2; No. 4, Art. 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 17, Art. 140; 2008, No. 12, Art. 48; No. 13-14, of Art. 58; No. 17-18, of Art. 72; No. 23, Art. 114; No. 24, Art. 126; 2009, No. 6-7, of Art. 32; No. 13-14, of Art. 63; Art. No. 15-16, 71, 73, 75; No. 17, Art. 82, 83; No. 24, Art. 121, 122, 125, 127, 128, 130; 2010, No. 1-2, of Art. 5; No. 7, Art. 28, 32; No. 11, Art. 59; No. 15, Art. 71; No. 20-21, of Art. 119; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 9; No. 2, Art. 19, 28; No. 19, Art. 145; No. 20, Art. 158; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13; No. 3, Art. 26, 27; No. 4, Art. 30; No. 5, Art. 35, 36; No. 10, Art. 77; No. 12, Art. 84; 2013, No. 1, Art. 2; No. 4, Art. 21; No. 7, Art. 36; Art. No. 10-11, 54, 56; No. 14, Art. 72; No. 15, Art. 78):

Headings of Articles 136, 140 and 362 to state 1) in table of contents in the following edition:

"Article 136. Non-execution of obligations on payment of funds for content of children or disabled parents";

"Article 140. Evasion from content of the disabled spouse (spouse)";

"Article 362. Non-execution of the court verdict, judgment or other court resolution and executive document";

Part the fourth Article 40 to state 2) in the following edition:

"4. In case of the evasion from payment of penalty imposed as main type of penalty it is replaced with attraction to social jobs, corrective works at the rate of respectively one month of corrective works or eighty hours of attraction to social jobs for the amount of the penalty corresponding to the triple size of monthly settlement indicator with observance of the rules provided by Articles 42, 43 of this Code.";

Articles 136 and 140 to state 3) in the following edition:

"Article 136. Non-execution of obligations on payment of funds for content of children or disabled parents

1. Non-execution of obligations more than three months the parent on payment of funds by a court decision for content of minor children, and equally disabled children who reached eighteen-year age

it is punished by attraction to social jobs for a period of hundred twenty till hundred eighty o'clock or restriction of freedom for a period of up to two years, or imprisonment for the same term.

2. Evasion more than three months of full age able-bodied person from payment by a court decision funds for content of the disabled parent

it is punished by attraction to social jobs for a period of hundred twenty till hundred eighty o'clock or restriction of freedom for a period of up to two years, or imprisonment for the same term.";

"Article 140. Evasion from content of the disabled spouse (spouse)

Evasion more than six months of able-bodied person from payment by a court decision funds for the content of the disabled and needing financial support spouse (spouse) which is commited by person to which within year administrative punishment for making of the same act was applied,

it is punished by attraction to social jobs for a period of hundred twenty till hundred eighty o'clock or restriction of freedom for a period of up to two years.";

Part the second Article 357 to state 4) in the following edition:

"2. Concealment or assignment of the property which is subject to confiscation on sentence or the court order, and other evasion from execution of the sentence which took legal effect or court orders about purpose of confiscation of property is equal

are punished by attraction to social jobs for a period of hundred eighty till two hundred o'clock or imprisonment for a period of up to three years with penalty in the amount up to fifty monthly settlement indicators.";

Article 362 to state 5) in the following edition:

"Article 362. Non-execution of the court verdict, judgment or other court resolution and executive document

1. Non-execution more than six months which took legal effect of the court verdict, the judgment or other court resolution and the executive document, and is equal hindrance to their execution, commited by person to which within year administrative punishment for making of the same act was applied,

are punished by attraction to social jobs for a period of hundred eighty till two hundred o'clock or restriction of freedom for a period of up to three years, or imprisonment for the same term.

2. The same acts made by the public agent, the government employee, the employee of local government body, and it is equal to employees of public institution, commercial or other organization,

are punished by deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to five years or attraction to social jobs for a period of hundred eighty till two hundred forty o'clock, or restriction of freedom for a period of up to five years, or imprisonment from three to five years.

3. The acts provided by parts one and the second this Article on which collection exceeds ten thousand monthly settlement indicators established by the legislation of the Republic of Kazakhstan at the time of crime execution and hindrance is equal to their execution

are punished by imprisonment for a period of four up to seven years.

4. Abuse of regulations of the administrative supervision established by court behind persons exempted from places of detention, and equally unauthorized leaving by the person under surveillance of the residence or the person under surveillance non-arrival within five days without days off and holidays to the chosen residence after release from places of detention for the purpose of evasion from administrative supervision

are punished by corrective works for a period of one year up to two years or restriction of freedom for a period of up to one year, or imprisonment for the same term.".

2. In the Code of penal procedure of the Republic of Kazakhstan of December 13, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 23, Art. 335; 1998, No. 23, Art. 416; 2000, No. 3-4, of Art. 66; No. 6, Art. 141; 2001, No. 8, Art. 53; No. 15-16, of Art. 239; No. 17-18, of Art. 245; No. 21-22, of Art. 281; 2002, No. 4, Art. 32, 33; No. 17, Art. 155; No. 23-24, of Art. 192; 2003, No. 18, Art. 142; 2004, No. 5, Art. 22; No. 23, Art. 139; No. 24, Art. 153, 154, 156; 2005, No. 13, Art. 53; No. 21-22, of Art. 87; No. 24, Art. 123; 2006, No. 2, Art. 19; No. 5-6, of Art. 31; No. 12, Art. 72; 2007, No. 1, Art. 2; No. 5-6, of Art. 40; No. 10, Art. 69; No. 13, Art. 99; 2008, No. 12, Art. 48; Art. No. 15-16, 62, 63; No. 23, Art. 114; 2009, No. 6-7, of Art. 32; Art. No. 15-16, 71, 73; No. 17, Art. 81, 83; No. 23, Art. 113, 115; No. 24, Art. 121, 122, 125, 127, 128, 130; 2010, No. 1-2, of Art. 4; No. 11, Art. 59; No. 17-18, of Art. 111; No. 20-21, of Art. 119; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 9; No. 2, Art. 19, 28; No. 19, Art. 145; No. 20, Art. 158; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 3, Art. 26; No. 4, Art. 32; No. 5, Art. 35; No. 6, Art. 44; No. 10, Art. 77; No. 14, Art. 93; 2013

No. 2, Art. 10, 13; No. 7, Art. 36; No. 13, Art. 62, 64; No. 14, Art. 72, 74; No. 15, Art. 76, 78):

"-the belongings list" shall be replaced with words 1) in part eleven of Article 161 of the word "issues the decree on seizure";

Part the second Article 169 to state 2) in the following edition:

"2. In cases of satisfaction of the civil action fully or partially the court establishes and specifies in sentence term for voluntary execution of sentence regarding the civil action. In case of non-execution of the court verdict regarding the civil action in time, provided for voluntary execution, the court directs sentence for forced execution regarding the civil action according to the procedure, established by the civil procedural legislation. Forced execution is made according to the procedure, the established legislation of the Republic of Kazakhstan on enforcement proceeding and the status of legal executives.";

Shall be replaced with words 3) in Article 171 of the word "about enforcement proceeding" "The Republic of Kazakhstan about enforcement proceeding and the status of legal executives";

Part the second articles 192 after figures "361," to add 4) with the words "362 (parts one, second and third)";

In paragraph one of part two of article 285 of figure "362" shall be replaced with words 5) "362 (part four)".

3. In the Penitentiary code of the Republic of Kazakhstan of December 13, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 24, Art. 337; 2000, No. 6, Art. 141; No. 8, Art. 189; No. 18, Art. 339; 2001, No. 8, Art. 53; No. 17-18, of Art. 245; No. 24, Art. 338; 2002, No. 23-24, of Art. 192; 2004, No. 5, Art. 22; No. 23, Art. 139, 142; No. 24, Art. 154; 2005, No. 13, Art. 53; 2006, No. 11, Art. 55; 2007, No. 2, Art. 18; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 17, Art. 140; No. 20, Art. 152; 2008, No. 23, Art. 114; 2009, No. 15-16, of Art. 73; No. 24, Art. 128, 130; 2010, No. 7, Art. 28; 2011, No. 2, Art. 19; No. 19, Art. 145; No. 20, Art. 158; 2012, No. 3, Art. 26; No. 4, Art. 32; No. 5, Art. 35; 2013, No. 1, Art. 2; No. 13, Art. 62; No. 14, Art. 72):

Heading of Article 23 to state 1) in table of contents in the following edition:

"Article 23. Evasion from payment of penalty";

2) in Article 23:

in heading of the word "Malicious Evasion" to replace with the word "Evasion";

in Item 1 of the word "It Is Malicious Evading" to replace with the word "Evading";

in Item 2 of the word "is malicious", "state" to exclude.

4. 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):

to add Item 1 of Article 740 with the words "and status of legal executives".

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