The executive note is a notary's order to recover from the debtor a certain amount of money owed to the recoverer or the recovery of movable property (paragraph 217 of the Order of the Minister of Justice of the Republic of Kazakhstan «On approval of the Rules for notarial actions by notaries» dated January 31, 2012 No. 31).
If a written objection to the claim is received from the debtor within ten working days, the notary shall issue a decision to cancel the executive note no later than three working days from the date of receipt of the objection to the stated claim (paragraph 229 of the Order of the Minister of Justice of the Republic of Kazakhstan «On approval of the Rules for notarial actions by notaries» dated January 31, 2012 No. 31).
The objection to the stated claim shall be submitted by the debtor in writing personally to the notary, or sent by mail with a notification or to the notary's e-mail and shall be registered in the register of incoming documents. The application submitted on behalf of a legal entity shall be signed by the first head of the legal entity, sealed (if any) by the seal (if any) of the legal entity (paragraph 230 of the Order of the Minister of Justice of the Republic of Kazakhstan «On approval of the Rules for notarial actions by notaries» dated January 31, 2012 No. 31).
The executive note must contain:
1) surname and initials, position of a notary making an executive note;
2) the name of the recoverer, his date of birth, place of residence or location, individual identification number, details of the legal entity, business identification number;
3) the name of the debtor, his date of birth, place of residence or location, individual identification number (if known to the applicant), details of the legal entity, business identification number;
4) designation of the period for which recovery is carried out;
5) designation of the amount to be recovered or items to be claimed;
6) designation of the amount of state duty or payment of notarial acts of a private notary paid by a recoverer;
7) the date (year, month, day) of making the executive note;
8) the number under which the executive note is registered in the register;
9) the signature and seal of the notary who has made the executive note;
10) the term and procedure for filing an application to cancel the executive note (Article 92-3 of the Law of the Republic of Kazakhstan «On Notaries» dated July 14, 1997 No. 155).
The executive note shall be made:
1) if the submitted documents confirm the indisputability of the debt or other liability of the debtor to the recoverer;
2) if no more than three years have passed from the day the right to claim (statement) arose.
If for the claim on which the executive note is issued, the legislation of the Republic of Kazakhstan establishes a different limitation period, the executive note shall be issued within this period (paragraphs 1,2 of Article 92-2 of the Law of the Republic of Kazakhstan «On Notaries» dated July 14, 1997 No. 155).
An executive note may be presented for forcible execution within three years from the date of its execution, unless otherwise provided by law (paragraph 1 of Article 92-5 of the Law of the Republic of Kazakhstan «On Notaries» dated July 14, 1997 No. 155).
Upon receipt of a notice of delivery of a copy of the executive note to the debtor and if the notary has not received an objection from the debtor within the prescribed period of time, the notary shall issue an executive note to the recoverer or, on his application, send it for execution to the corresponding body of justice or to the regional chamber of private bailiffs according to territoriality or to a private bailiff chosen by the recoverer.
A copy of the executive note issued or sent to the recoverer remains in the production of the notary (Article 92-7 of the Law of the Republic of Kazakhstan «On Notaries» dated July 14, 1997 No. 155).
Recovery on the executive note is carried out in the order established by the legislation of the Republic of Kazakhstan on enforcement proceedings (Article 92-4 of the Law of the Republic of Kazakhstan «On Notaries» dated July 14, 1997 No. 155).
After fulfillment of the executive note, the notary delivers or sends a copy to the debtor by e-mail or to the known place of residence (location) or registration of the debtor no later than the next working day, using the means of communication that ensure the fixation of delivery (paragraph 1 of Article 92-6 of the Law of the Republic of Kazakhstan «On Notaries» dated July 14, 1997 No. 155).
A copy of the executive note or a relevant resolution shall be deemed received if it is sent to the debtor:
1) to the email address specified in the contract concluded between the parties;
2) at the last known place of residence by registered letter with notification of its delivery, including receipt by one of the adult family members, another person living with the person at the specified address;
3) using other means of communication that provide for the registering of delivery.
In case of return of the notification with a note about the impossibility of handing it to the addressee, the recipient or in connection with the refusal to accept it, a copy of the executive note or the relevant resolution shall be considered sent properly (paragraph 1-1 of Article 92-6 of the Law of the Republic of Kazakhstan «On Notaries» dated July 14, 1997 No. 155).
The executive note is made upon submission of the following documents:
1) to recover debts under an obligation based on a notarized transaction, an original copy of a notarized contract (agreement) or its duplicate (except for money-loan contracts) shall be submitted;
2) in order to recover debts under an obligation based on a written transaction, the deadline for which has come and the non-fulfillment of the obligation is recognized by the debtor, including in response to a claim sent to the recoverer in the order of pre-trial settlement of the dispute, the following are submitted:
original contracts (purchase and sale, supply, contract, transportation, paid provision of services, storage, etc.);
documents confirming the occurrence of the debtor's obligation to pay debts under contracts (shipping documents (bill of lading, bill of lading, bill of lading, bill of lading or other document), a document on the transfer of property (goods) signed by both parties (act of acceptance, act of transfer of property (goods), act of acceptance of property (goods) in quantity and quality, and others), a document certifying the acceptance of work performed (services rendered), signed by both parties (act of acceptance of work performed (services rendered) and others), order-order, invoice and others);
documents confirming the debtor's written recognition of the amount owed (a reconciliation report signed by the recoverer and the debtor and sealed (if any), a response to the claim in which the debtor recognizes the obligation to pay money, an accepted payment request or another document drawn up in accordance with the requirements of legislation and signed by an authorized person);
3) to recover debts under the obligation based on the protest of the bill of exchange for non-payment, non-acceptance and undated acceptance, made by a notary are presented: the original bill and the protest of the bill of exchange for non-payment, non-acceptance and undated acceptance made by a notary;
4) in case of claiming the leased item in accordance with the leasing agreement or the laws of the Republic of Kazakhstan, the following are submitted:
leasing agreement;
a written warning about the possible reclamation of the leased item, sent to the lessee at least one month before the application is submitted;
documents confirming the actual payment of lease payments by the lessee.
The lessor, in accordance with Article 24 of the Law of the Republic of Kazakhstan «On Financial Leasing», has the right to indisputably claim the leased item in the following cases:
if the use of the leased item by the lessee does not comply with the terms of the lease agreement or the purpose of the leased item;
if the lessee restricts the lessor's access to the leased item;
if the lessee fails to make a lease payment under the lease agreement in the prescribed amount two or more times in a row within the terms stipulated by the agreement.
5) in order to recover the pledged item after the expiration of the repayment period of the loan presented by the pawnshop to the debtor-pledger, a pledge ticket is submitted;
6) to recover debts under the obligation to recover debts from the owners of premises (apartments) who evade participation in mandatory expenses for the maintenance of the common property of the condominium object approved by the Law of the Republic of Kazakhstan «On Housing Relations», with the exception of claims for the recovery of additional expenses, the following are submitted:
a copy of the service agreement certified by the recoverer (if the recoverer is a management company);
copies of documents on the establishment of tariffs (protocol, extract from the decision of the general meeting of the cooperative of owners of premises (apartments));
a document on the calculation of the amount of debt (a copy of the personal account certified by the recoverer with the calculation of the amount of debt or an extract from the personal account certified by the recoverer) for payment for services.
The document contains information about the terms of payment of the debt, the date of the obligation to pay, the amount of the debt;
7) in order to collect debts under the obligation to collect debts on the basis of public contracts for services actually consumed (electricity, gas, heat, water, etc.), as well as other contracts for services according to established tariffs, the payment term for which has come, are submitted:
a copy of the individual agreement, certified by the recoverer or public contract on the official website of the claimant (to familiarize with its contents);
a document on the calculation of the amount owed for services (a copy of the personal account certified by the recoverer with the calculation of the amount owed or an extract from the personal account certified by the recoverer).
The document contains information about the terms of payment of the debt, the date of occurrence of the obligation to pay, the amount of the debt.
8) in order to recover the debt under the obligation to collect lease payments due to their non-payment within the time limits established by the lease agreement, the following are submitted: a lease agreement, a claim for repayment of debt.
9) to recover accrued but unpaid wages and other payments to the employee, the following are submitted: a copy of the employment contract or work book; an employer's certificate signed by the first head, accountant (if available) and certified by the seal of the organization (if available) on the amount of accrued wages, proof of non-payment of accrued wages (copies of the payroll, pay slip C 1, certificate of delay, etc.) (paragraph 223 of the Order of the Minister of Justice of the Republic of Kazakhstan «On approval of the Rules for notarial actions by notaries» dated January 31, 2012 No. 31).