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Enforcement proceedings – measures aimed at enforcement of enforcement documents with the recovery from the debtor of the enforcement sanction, penalties, costs of enforcement proceedings, payment for the activities of a private bailiff.
The objectives of enforcement proceedings are mandatory and timely adoption of measures aimed at enforcement of Executive documents issued on the basis of court decisions, rulings, orders and decisions in civil and administrative cases, sentences and decisions in criminal cases, in terms of property penalties, as well as decisions of other bodies in accordance with the Law.
To date, the execution of judicial acts is carried out by private bailiffs, who are members of the Republican chamber of private bailiffs, whose number is 2,119 units stationed in all regions of the Republic.
Their competence includes the execution of all Executive documents with the exception of documents on recovery from the state and in favor of the state, for which the amount of recovery exceeds thousands of monthly calculation indices.
In addition, the Republican chamber of private bailiffs operates training centers for professional training, including distance learning, of private bailiffs and their assistants.
Control over the activities of private bailiffs is exercised by the Ministry of justice, territorial bodies of justice, the Republican chamber of private bailiffs and its branches.
The amount of payment for the activities of a private bailiff is regulated by Article 118 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the status of bailiffs", the Decree of the Government of the Republic of Kazakhstan "On approval of the amount of payment for the activities of a private bailiff"
Payment for the activities of a private bailiff is made within the framework of enforcement proceedings at the expense of the debtor, with the exception of the cases provided for by this Law, and is set at the rate of three to twenty-five percent, depending on the category of cases and the amount of recovery with the establishment of limits of no more than ten thousand monthly calculation indices.
According to executive documents of a property (monetary) nature, payment for the activities of a private bailiff in accordance with the amounts:
up to 60 MCI - in the amount of 25 percent of the recovery amount;
from 60 to 300 MCI - in the amount of 20 percent of the recovery amount;
from 300 to 1,000 MCI - in the amount of 15 percent of the recovery amount;
from 1,000 to 5,000 MCI - in the amount of 10 percent of the recovery amount;
from 5,000 to 10,000 MCI - in the amount of 8 percent of the recovery amount;
from 10,000 to 20,000 MCI - in the amount of 5 percent of the recovery amount;
over 20,000 - in the amount of 3 percent of the recovery amount.
According to non-property enforcement documents, the payment for the activities of a private bailiff is set in monthly calculation indices.
According to the executive documents on the procedure for communicating with the child, the payment for the activities of a private bailiff from individuals amounts to 20 MCI monthly, is imposed in equal shares on the recoverer and the debtor for 10 MCI.
According to the enforcement document on securing the claim, payment for the activities of a private bailiff is collected from the party that filed a petition for interim measures.
According to the executive document on the cancellation of the claim security, payment for the activities of a private bailiff is collected from the person who filed a petition for interim measures and to whom the claim was denied. In case of satisfaction of the claim, payment for the activities of a private bailiff under the enforcement document on the cancellation of the claim security is collected from the person against whom interim measures have been taken.
According to the enforcement documents on securing a claim, releasing property from arrest and other enforcement documents, the payment for the activities of a private bailiff is 10 MCI from individuals, 20 MCI from legal entities;
For non-property (non-monetary) enforcement documents: on eviction and (or) settlement, the obligation of the debtor to perform certain actions and (or) refrain from performing them, the payment for the activities of a private bailiff is 50 MCI from individuals, 100 MCI from legal entities;
For enforcement documents on the recovery of periodic payments: on the recovery of alimony and compensation for damage caused by injury or other damage to health, in the amount of 1 MCI of the amount of recovery quarterly.
Payment for the activities of a private bailiff is made only in the case of full or partial execution of the enforcement document. If the enforcement document of a property nature is partially executed, then the private bailiff is paid only part of the payment for his activities, in proportion to the amount or value of the property recovered.
Payment for the activities of a private bailiff is not collected in the case of execution by the debtor of the enforcement document before its presentation for enforcement.
A private bailiff has the right to charge amounts for the payment of his services only in the amounts provided for in this article and established by the Government of the Republic of Kazakhstan. A private bailiff is prohibited from changing the established amounts of payment for his activities.