On Enforcement Proceedings and the Status of Enforcement Agents

The Law of the Republic of Kazakhstan, dated 2 April, 2010 No 261-IV

Unofficial translation

      The order of enforcement of the Law of the Republic of Kazakhstan see Article173.

SECTION 1. GENERAL PROVISIONS

Chapter 1. BASIC PROVISIONS

      Article 1. Basic definitions, used in this Law.

      The following definitions shall be used in this Law:
      1) enforcement proceeding – compulsory execution of administrative cases with the recovery of executive documents from the debtor, penalties and expenses on enforcement proceedings;
      2) unified register of debtors - the unified electronic data base, containing information about the debtors on enforcement proceedings;
      3) unified electronic trading facility - information system, a set of databases, technical, software, telecommunications and other facilities, providing the opportunity for the input, storage and processing of information, necessary for conducting the electronic auction, providing a single public access point to the participants of the electronic auction;
      4) a private enforcement agent - a citizen of the Republic of Kazakhstan, engaged of a private practice on enforcement of court orders without establishing of legal entity under the license for the right to engage in activity on enforcement of court orders (hereinafter – license of private enforcement agent), issued by authorized body;
      5) a state enforcement agent – an officer, serving a state service and performing incumbent functions by Law on enforcement of court orders;
      6) an enforcement agent – a state enforcement agent and a private enforcement agent, incumbent functions by Law on enforcement of court orders and having equal rights and responsibilities for the exceptions, provided by this Law;
      7) regulation of an enforcement agent – the procedural document, in which the procedural decision, adopted by an enforcement agent is specified in the process of execution proceeding;
      8) full compulsory enforcement –enforcement of court orders in full in the period of its standing in the procedure of enforcement agent, with exception of a term, vested in obligor by enforcement agent for willful enforcement;
      9) authorized body - a government body, carrying out an implementation of public policy and government regulation of activities in the scope of enforcement of court orders.
      10) electronic auction – the method of electronic trade in the form of auction, upon which the arrested property and property turned to the income of the state shall be implemented with the use of unified electronic trading facility on the basis of equal access to them by all intending purchasers.
      Footnote. Article 1is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 2. Objectives of enforcement proceedings

      The objectives of enforcement proceedings are mandatory and timely enforcement of court orders, issued on the basis of court decisions, rulings and judgments on civil and administrative cases, verdicts and judgments in criminal cases, regarding property claims, as well as decisions of other bodies in accordance with this Law.

      Article 3. Basic principles of enforcement proceedings

      Enforcement proceedings shall be carried out on the following principles:
      1) legality;
      2) timeliness and transparency of commission of enforcement procedures and application of compulsory enforcement measures;
      3) the respect of honour and dignity of a human being;
      4) the integrity of the minimum property, required for the existence of the debtor and his family;
      5) correlation of amount of debtor’s claims and compulsory enforcement measures;
      6) a proportional distribution of collected amounts between recoverers of one queue at their insuffiency to complete discharge of all the claims of the queue;
      7) a compensation from obligor’s expenses on compulsory enforcement of court order;
      8) freedom of appealing court proceedings and orders of enforcement agent.

      Article 4. Legislation of the Republic of Kazakhstan on enforcement proceedings

      Footnote. Title of Article 4 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. The legislation of the Republic of Kazakhstan on enforcement proceedings shall be based on the Constitution of the Republic of Kazakhstan and consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. The rules of international treaty shall be applied if an international treaty, ratified by the Republic of Kazakhstan, establishes different rules than those, which contains in this Law.
      Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 5. Enforcement of decisions of international, foreign courts and tribunals

      1. The order of enforcement of judgments of international and foreign courts and tribunals in the Republic of Kazakhstan shall be determined by relevant international treaties, ratified by the Republic of Kazakhstan, and by this Law.
      2. A writ obligatory, issued on the basis of a foreign judgment by a court of the Republic of Kazakhstan, may be presented to compulsory enforcement during three years from the moment of entry of decision to a legal force.

      Article 6. The order of application of the legislation of the Republic of Kazakhstan on enforcement proceedings

      Footnote. Title of Article 6 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Enforcement proceedings shall be carried out in accordance with regulations during a commission of enforcement procedures.
      2. Enforcement proceedings on debt recovery of tax and other obligatory payments to a budget, penalties for late payment of fines and other sanctions for violation of the tax legislation of the Republic of Kazakhstan shall be carried out in the order, prescribed by this Law and in accordance with the tax and customs legislation of the Republic of Kazakhstan.
      3. Enforcement proceedings on recovery from government of capitalization amounts of corresponding payments due over time on compensation for damage, caused to life and health of employees in the case of absence or insufficiency of a property at dissolved legal entity that is recognized responsible for this damage in the prescribed order, shall be carried out in accordance with this Law with a compliance of regulations, established by the Government of the Republic of Kazakhstan.
      3-1. Enforcement of court acts at the expense of state budget on reimbursement of damage, incurred in the view of results of illegal conviction, illegal bringing to the criminal responsibility, illegal applying the custodial placement as the measure of restraint, house imprisonment, written undertaking not to leave the place, illegal imposition of administrative sanction in the form of arrest or corrective labor, illegal placement to psychiatric or another medical treatment facility shall be carried out in the manner, established by the Government of the Republic of Kazakhstan.
      4. Enforcement of court acts and other bodies against foreigners, stateless persons and foreign organizations shall be carried out in accordance with this Law.
      5. Enforcement proceedings on court orders of other states in the territory of the Republic of Kazakhstan shall be carried out in accordance with the laws of the Republic of Kazakhstan, unless otherwise follows from international treaties, ratified by the Republic of Kazakhstan.
      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 7. Persons, performing enforcement proceedings

      1. Enforcement of court orders, referred to in Article 9 of this Law shall be vested in enforcement agents.
      2. In the cases, provided by Law, enforcement of court orders shall be carried out in association with enforcement agents.
      3. No one shall have the right to interfere in the activities of enforcement agents, except those persons, expressly authorized to do so by Law. Unlawful interference in enforcement agents’ activity shall entail responsibility, established by the Laws of the Republic of Kazakhstan.
      Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 8. Language of enforcement proceedings

      A language of enforcement proceedings and clerical correspondence, associated with its conduct shall be established, taking into account a language of court decision or other document, subject to the enforcement.

      Article 9. A list of court orders

      1. Court orders are:
      1) writ obligatory, issued on the basis of judicial acts;
      2) court orders, issued in accordance with the civil procedure legislation of the Republic of Kazakhstan;
      3) a writ obligatory, issued on the basis of judicial acts on compulsory enforcement in the territory of the Republic of Kazakhstan of international and foreign courts or tribunals;
      4) a writ obligatory, issued on the basis of decision of a court on compulsory enforcement of tribunal decisions;
      5) decisions of courts, rendered with regard to case on administrative violation in the cases, stipulated by the Code of the Republic of Kazakhstan on administrative offenses;
      6) a resolution of a body (official), authorized to consider cases on administrative offenses in the cases, stipulated by the Code of the Republic of Kazakhstan on administrative offenses;
      7) a decision of a prosecutor on compulsory enforcement of its requirements;
      8) provisions of enforcement agent on recovery of executive sanction.
      9) regulation of an enforcement agent on compensation of expenses, incurred upon commission of enforcement procedures;
      10) regulation of a private enforcement agent on confirmation of the sums of payment of his (her) activity.
      2. In case of loss of a court order on the basis for a penalty shall be a duplicate, issued in the provided order by the legislation of the Republic of Kazakhstan by a body that issued a court order.
      3. A court order on which enforcement proceedings were initiated is within materials of enforcement proceedings. An enforcement agent shall deliver a decision on enforcement proceedings, initiating with a copy of a specified court order.
      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 10. Decision of enforcement agent

      1. Decisions on issues of enforcement agent, taken by enforcement agents from the date of a court order filing to enforcement, shall be formalized by decisions.
      2. A decision of enforcement agent must include:
      1) a name of territorial department of state enforcement agents or territory of a private state enforcement agents activity and their address;
      2 ) the date of a decision delivery;
      3) position, name and initials of a person, who has taken a decision;
      4) a name and number of enforcement proceedings on which a decision was taken.
      A decision of refusal to initiate enforcement proceedings shall include a name and number of court order;
      5) an issue on which a decision shall be taken;
      6) grounds of a taken decision with reference to Laws and other regulatory legal acts;
      7) an operative part of a decision, reflecting a decision, taken on a subject matter of issue;
      8) a procedure for appealing decision.
      3. An enforcement agent shall have the right on its own initiative or at the request of persons, involved in enforcement proceedings, to correct clerical errors or apparent arithmetical errors, admitted in a decision. These corrections shall be proposed by decision on amending in earlier taken decision.
      4. A repeal of decree of a state enforcement agent shall be produced by a corresponding decision of head of a territorial department.
      A repeal of decree of a private enforcement agent shall be produced by a private enforcement agent himself, including on the ground of court act or protest of a prosecutor.
      5. A decision of enforcement agent shall be entailed to a mandatory enforcement and may be appealed to a court in accordance with the civil procedure legislation of the Republic of Kazakhstan.
      6. Typical forms of enforcement agents’ decisions shall be approved by authorized body.
      Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 2. TERMS IN ENFORCEMENT PROCEEDINGS

      Article 11. Time of presentation of court orders to enforcement

      1. Court orders may be submitted to a compulsory enforcement in the following terms:
      1) orders of court and writ obligatory, issued on the ground of court acts – during three years;
      2) writ obligatory, issued on the ground of court ruling on compulsory enforcement of arbitration awards or arbitration - during three years;
      3) decrees of courts, rendered in the case of an administrative offense - during three years, unless the Law stipulates other terms;
      4) decisions of a body (an official) authorized to consider cases on administrative offenses - during three years;
      5) decision of a prosecutor - during three months.
      1-1. Court orders may be presented to compulsory execution no sooner than five business days after becoming effective in law, with the exception of documents, provided by subparagraph 4 of paragraph 1 of this Law.
      2. Specified terms shall be dated:
      1) on enforcement of writ obligatory, issued on the basis of court acts in part of asset recovery – from the day, following after enforcement of a court act into legal force or end of the period, established on for deferral or extension of a deadline of court act and, in cases, when a court act shall entail to immediate enforcement of a judgment – from the day after its delivery.
      2) on enforcement of writ obligatory, issued on the basis of court acts on compulsory enforcement of arbitration awards or arbitration – from the day, following after enforcement of a decision;
      3) on enforcement of decrees of courts, rendered in the case of administrative offenses - from the day of rendering of a decision;
      4) on enforcement of a decision of body (an official), authorized to consider cases on administrative offenses - from the day, following after rendering of a decision on compulsory enforcement;
      5) for all other court orders - from the day, following after their issuance.
      3. Court orders, issued on the basis of decisions on collection of periodic payments (cases on recovery of alimony, on compensation for damage, caused by maim or other injury to health or other) shall be maintained at all time during which payments are awarded. In these cases, terms shall be dated for each payment separately.
      Footnote: Article 11 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2013 No.125-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.01.2014 No. 164 – V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 12. Suspension of term at the presentation of court order

      1. A term for presentation of a court order shall be discontinued:
      1) by presentation of a court order for enforcement;
      2) by a partial enforcement of a court order by a debtor;
      3) on the period of detection of a debtor.
      2. After break running of the time period shall begin again, provided that elapsed time before a break shall not be counted in a new term.
      3. A new term after a break shall be dated from the day when a court order by which has not been made a recovery fully or partially, was returned to a recoverer.

      Article 13. Restoring the timeframe for presentation of a court order for enforcement

      1. A recoverer, who missed a deadline for presentation of a court order for enforcement shall have the right to seize a court that rendered a court act, or to a court of the place of enforcement with a statement about restoring the timeframe.
      2. The term may be restored if a court holds reasons, justifiable for break of a term for presentation to enforcement of a writ obligatory, order of court.

Chapter 3. PARTICIPANTS OF ENFORCEMENT PROCEEDINGS

      Article 14. A membership of enforcement proceedings

      Participants of enforcement proceedings shall be:
      1) parties of enforcement proceedings (a recoverer and a debtor);
      2) representatives of parties of enforcement proceedings;
      3) an enforcement agent;
      4) other persons, facilitating enforcement of requirements, contained in a court order (including police officers, translator, witnesses, experts, a person to whom enforcement agent handed for secure keeping or safe custody of seized property).
      Footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 15. Parties of enforcement proceedings

      1. Parties of enforcement proceedings are recoverer and debtor.
      2. A recoverer is an individual or legal person, for or on behalf of whom was issued a court order.
      3. A debtor is an individual or legal person, obliged to fulfill the requirements, provided by a court order.
      4. In enforcement proceedings several recoverers or debtors (partners) may participate. Each of them shall participate in enforcement proceedings on a stand-alone basis. A partner may appoint to represent his interests in enforcement proceedings to another partner with his consent, except the cases when according to a court order a debtor has obligations, which he may implement only himself (personal obligations).

      Article 16. Rights and obligations of parties of enforcement proceedings

      1. Parties of enforcement proceedings shall have the right to get to know with materials of enforcement proceedings, to abbreviate, make copies, to submit additional materials, to present petitions, to participate in a commission of enforcement procedures, to express oral and written explanations in the process of enforcement procedures, to express their conclusions and arguments on all issues, arising during enforcement proceedings, to take exceptions against arguments and moves of other persons, involved in enforcement proceedings, to except, to appeal against actions (inaction) or decisions of enforcement agents on issues of enforcement proceedings, to seize a court with statement about approval of a settlement agreement.
      2. Parties of enforcement proceedings shall be obliged in a good faith to enjoy all rights, granted to them, as well as to meet requirements of this Law.
      A debtor shall be obliged to inform enforcement agent on change of a place of work during a period of enforcement proceedings, as well as emergence of new sources of income.
      A debtor shall be obliged to come to an enforcement agent upon completion of execution proceeding once every month, as well as in cases of calling. Non-appearance shall entail responsibility in accordance with the Laws of the Republic of Kazakhstan.
      Footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 17. Legal succession in enforcement proceedings

      1. In the case of disposal of debtor (a death of a citizen, reorganization of a legal entity, transfer of a debt) enforcement agent shall direct a presentation to court that rendered a decision with the proposal on rendering of ruling to replace a debtor on his legal successor. A presentation shall be provided within three business days from the time when enforcement agent came to knowledge of the legal succession of a debtor. For the legal successor all actions, committed before his entry into enforcement proceedings, are mandatory in so far as they were mandatory for a debtor.
      2. In all other cases, the legal succession shall be established upon application of a recoverer in accordance with the civil legislation of the Republic of Kazakhstan.
      Footnote. Article 17 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 18. Participation of representatives of parties in enforcement proceedings

      1. Individuals may participate in enforcement proceedings on a stand-alone basis or through representatives. A personal involvement of an individual in enforcement proceedings shall not deprive him from a right to have a representative. If a court order imposes on debtor duties on him, which he may execute only personally, when performed by a debtor he is not entitled to act through a representative.
      2. A participation of organizations in enforcement proceedings shall be carried out through their bodies that act within the powers, granted to them by laws, other regulations and organizational documents, or through representatives of specified bodies.
      Persons, representing an organization, shall be obliged to have documents confirming their official capacity and powers.
      3. The powers of the representative shall be identified by power of attorney, issued and perfect in accordance with the civil legislation of the Republic of Kazakhstan.

      Article 19. Powers of a representative

      1. A representative in enforcement proceedings shall commit on behalf of the represented all actions, associated with enforcement proceedings, within powers, granted by a power of attorney.
      2. In a power of Attorney, issued by a represented, must be specifically defame powers of a representative to perform the following actions:
      1) presentation and revocation of a court order;
      2) transfer of responsibilities to another person (sub-delegation);
      3) lodging a complaint of actions (inactions) or decisions of enforcement agent;
      4) receiving of adjudicated property (including money);
      5) making of a settlement agreement.

      Article 20. Persons who may not be representatives

      1. Representatives in enforcement proceedings may not be persons who have not attained the age of 18 or under guardianship or trusteeship.
      2. Judges, prosecutors, Law enforcement officers, members of representative bodies, workers of authorized bodies and its territorial departments, an administrative office of the Supreme Court of the Republic of Kazakhstan may not be representatives in enforcement proceedings as authorized corresponding organizations or legal representatives. Person may not be a representative, if on this case he renders or rendered a legal assistance to persons whose interests are inimical to the interests of represented, as well as if he is the spouse or a close relative of enforcement agent.
      Note: Under the close relatives in this Law are parents, children, adopted children, adoptive parents, full blood and half-blooded brothers and sisters, grandparents and grandchildren.
      Footnote. Article 20 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 21. Legal representatives

      1. Rights and protected by Law interests of minors, and persons, recognized by a court incapable or impaired, in enforcement proceedings shall protect legal representatives whose powers are confirmed by relevant documents.
      Legal representatives have committed on behalf of represented all the action, a right to which is submitted to represented with restrictions, provided by Law.
      2. On enforcement proceedings, with participation of a person, recognized by a court as a missing person, as his representative person, who are handed over to the management of property of a missing person, assigned by representatives in accordance with the civil legislation of the Republic of Kazakhstan.
      3. On enforcement proceedings, where shall participate the heir of a person, who was dead or declared legally dead, as a representative of the heir if the estate of decedent is still not accepted, is an executor of a testament or estate trustee.
      4. Legal representatives may request a participation in enforcement proceedings to another person, having chosen by them as a representative.

      Article 22. Participation of translator in enforcement proceedings

      1. In a commission of enforcement procedures participants of enforcement proceedings in the case if they do not speak language, which is enforcement proceedings is carried out, may on their own initiative or at the request of enforcement agent to invite a translator. A translator may be any person of majority age, able, is not interested in the case, may speak language, which knowledge is necessary to carry out enforcement procedures.
      2. A translator shall have the right on repayment for his work. A repayment, paid to him, shall be identified with costs of enforcement procedures.
      3. In the case of a deliberately wrong translation a translator is responsible in accordance with the Laws of the Republic of Kazakhstan, as he is warned by enforcement agent.

      Article 23. Participation of witnesses in enforcement proceedings

      1. Enforcement procedures may be performed in the presence of at least two witnesses.
      2. A presence of witnesses is mandatory in the following cases:
      1) on the request of recoverer or debtor;
      2) on the enforcement of a judgment on lodging in and ejectment, actions, related to arrest, seizure and transfer of property of a debtor, opening of his dwelling, premises, warehouses, manufacturing inspection.
      A presence of witnesses in other cases is possible on initiative of enforcement agents.
      3. As witnesses may be invited any adults, able citizens, not interested in the end of enforcement procedures.
      4. Before the beginning of enforcement procedures, involving witnesses, enforcement agent shall clarify the order of participation of witness in enforcement procedures.
      5. A witness shall have the right to know, for what kind of enforcement proceedings he was invited, on the basis of what court order they are performed. A witness shall have the right to make comments about performed actions. Notes of witness shall be entered in protocol of a relevant enforcement procedure.
      6. A witness confirms the fact, content and results of enforcement procedures, on production of which he was present.
      7. A witness shall have the right on compensation of expenses, incurred by him in connection with performance of witness duties, as well as compensation for short-received wages or pecuniary compensation for loss of time.
      8. The amount of money, paid to witnesses, shall be identified to the costs of the commission of the enforcement procedures.

      Article 24. The participation of a specialist in enforcement proceedings

      1. For clarification of issues, arising during the commission of the enforcement procedures and requiring special knowledge, as well as for procedure of evaluation, sale, transportation, storage of seized assets enforcement agent may according to the motion of the parties of enforcement proceedings or on their own initiative to appoint the specialist by the relevant decision. If necessary, several specialists may be assigned.
      2. As a specialist may be appointed a person, not interested in the case, enjoying special knowledge, necessary to give an opinion or procedure of necessary actions.
      3. Specialists shall have the right on repayment for the performance of work, conducted in connection with the commission of the enforcement procedures. This repayment and other costs, related to the involvement of specialists shall be identified to the cost of commission of the enforcement procedures.

      Article 25. A prosecutor in enforcement proceedings

      1. A prosecutor's office on behalf of State shall exercise supervision over the legality of enforcement proceedings, shall use efforts to identify and remedy any offenses of the Law.
      2. Within the frame of powers a prosecutor shall have the right to demand and inspect enforcement proceedings on a period of not more than three business days, including complaints and allegations of parties of enforcement proceedings.
      3. On illegal action and a decision of enforcement agent may be made an act of procuracy supervision, which is subject to mandatory review within the statutory under the Law period.

      Article 26. Interaction of enforcement agents with the Law enforcement agencies

      Law enforcement officials within powers granted to them by Law shall assist enforcement agents during enforcement proceedings if there is a threat to life or health of enforcement agent, and may also be held for enforcement of the Law on the place of the enforcement procedures commission.
      Footnote. Article 26 is in the wording of the Law of the Republic of Kazakhstan 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 4. NOTICES AND INVOCATIONS IN ENFORCEMENT PROCEEDINGS

      Article 27. Notices and invocations in enforcement proceedings

      1. Participants of enforcement proceedings shall be notified about enforcement procedures and measures of compulsory enforcement by a notice or shall be invited by enforcement agent or by a writ on the place of enforcement procedures commission. A notice or writ shall be sent by a registered letter with a reordered delivery or by telegram. In the case of alleged about it motion the participants of enforcement proceedings shall be notified by a telephone message through short text messages via cellular or post, and using other means of telecommunication, which provide fast notice or invocations.
      2. In cases when a court order shall entail to immediate enforcement, as well as a seizure of property and take other measures to ensure enforcement agent shall have the right to perform enforcement procedures and apply measures of compulsory enforcement without prior notification of the participants of enforcement proceedings.
      3. A notice, addressed to participant of enforcement proceedings, shall be sent to address, specified in a court order, if a participant of enforcement proceedings or his representative did not specify a different address. A notice may be sent to the place of work of enforcement proceedings participant.
      If a notice, addressed by post is returned due to the absence of an addressee at the specified address, enforcement agent shall send a notice to a legal address of citizen or location of a legal entity, except the cases, when a legal address or place of residence and address, specified in a court order, are congruent.
      4. Notice, addressed to organization, shall be directed by its legal address or legal address of its representative office or branch. A notice may be sent to address, specified by organization to enforcement agent in writing.
      5. Individuals, deviated from appearance to enforcement agent may be incur to a compulsory delivery of a person, based on a decision of enforcement agent. A decision of private enforcement agent on compulsory delivery of a person, deviated from appearance to enforcement agent, shall subject to sanctioning by a court.

      Article 28. Delivery and service of writ, notice

      1. Writ or notice shall be taken by post or person, to whom enforcement agent instructed to deliver them, and handed to an addressee personally against countersignature on the return of service, returnable to the Country Team or office of a private enforcement agent. If a writ or notice was taken by some other form of communication, the date and time of delivery to an addressee shall be fixed by established method. Writs or notice, addressed to organization, shall be handed to employee of organization, who shall sign a receipt of writ on the return of service, indicating their surnames, initials, official capacities, date and time of receipt.
      In case, if organization (a legal entity) is inactive and (or) workers of apparatus of managing authorities are absent, the writs or notice of organization (a legal entity) shall be presented to chief executive officer or a person, temporarily fulfilling the obligations of chief executive officer immediately. In their absence, the writs or notice shall be presented to accounting manager (accountant). In the absence of managing authority of a legal entity, the writs or notice shall be presented to one of among incorporators of a legal entity.
      2. If a person, who delivered a writ or notice shall not find a citizen in his place of residence or work, a writ or notice shall be handed to adult family member, who lives together with him, with their sanction, and in their absence – to a housing management organization, local government body or relevant executive body according to the place of residence, or administration of a place of his work. In these cases, a person, who received a writ or notice, is required on the stub of writ, notice to indicate last name, first name, middle name, as well as attitude towards an addressee or a current position. A person, who received a writ or notice, shall deliver them to an addressee as soon as possible without delay.
      3. In the absence of addressee, a person, who delivers a writ or notice, shall mark on the return of service, where did an addressee leave and when is expected his return, or make a note about the absence of such information.
      Footnote. Article 28 as amended by the Law of the Republic of Kazakhstan 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 29. Changes of address during enforcement proceedings

      Parties of enforcement proceedings shall be obliged to inform enforcement agent for a change of address during enforcement proceedings. In the absence of such information a writ or notice shall be sent to the last known to enforcement agent address and shall be deemed taken and in the case if an addressee does not live at that address.
      Footnote. Article 29 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 30. Consequences of refusal to accept writ, notice or default in appearance for their receiving

      1. In the case of refusal to accept writ or notice, a person, delivering them, shall make there a relevant mark, after which a writ or notice shall come back to the territorial body or office of a private enforcement agent.
      2. Participants of enforcement proceedings are deemed notified if:
      1) an addressee refused to accept writ or notice;
      2) despite receiving of post notification, an addressee did not appear for writ or notice;
      3) a writ or notice were handed to adult relatives, who live with him.
      Footnote. Article 30 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 5. MEASURES OF COMPULSORY ENFORCEMENT

      Article 31. Basis for application of compulsory enforcement measures

      A basis for application of compulsory enforcement measures is a court order, adopted by enforcement agent to his procedure, and expiry for willful enforcement as provided in this Law.
      Footnote. Article 31 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 32. Measures to ensure enforcement of court orders

      1. An enforcement agent shall be obliged to take measures to ensure enforcement of court orders.
      2. Measures to ensure enforcement of court orders are:
      1) an arrestment on debtor's property, including money and security papers, held by him or other individual or legal persons (including banks and organizations, carrying out certain types of banking operations, as well as insurance companies);
      2) a seizure of debtor's property, belonging him or any other individual or legal persons;
      3) prohibition to a debtor to perform certain actions, as well as prohibition to adopt decision by a legal entity, and equally the suspension of action of adopted decisions on alienation of movable and immovable property, property and non-property rights, securities and shares in charter capital and property of a legal entity;
      4) prohibition to a debtor to enjoy it owns the right of ownership of property, including money, or the indication to use it within the limits, established by enforcement agent;
      5) sealing of debtor's property;
      6) seizure of documents of title;
      7) prohibition to transfer property to other persons, including the money to a debtor or to carry out any other obligations in relation to him.
      3. In the necessary several types of enforcement cases may be used.
      4. An issue of replacing one type of ensuring shall be considered by enforcement agent at the request of parties of enforcement proceedings or on their own initiative. Consideration of issue about replacing one type of ensuring does not suspend application of other previously established ensuring measures.
      5. A suspension, postponement, deferment or installment of enforcement proceedings shall not involve cancellation of the previously established measures to ensure enforcement of court orders.
      6. A private enforcement agent shall take measures to ensure enforcement of court orders from court sanctions, obtained in the order, prescribed by the civil procedure legislation of the Republic of Kazakhstan.
      Footnote. Article 32 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 33. Time constraints on departure of debtor from the Republic of Kazakhstan

      1. In case of non-fulfillment requirements by a debtor within the established period without justifiable reasons, contained in a court order, enforcement agent shall have the right, and at the request of a recoverer shall be obliged to issue a decree on time constraints on debtor's departure from the Republic of Kazakhstan.
      Resolution of enforcement agent on the temporary restriction on leaving by a debtor from the Republic of Kazakhstan shall be subject to sanctioning by a court in the order, established by the civil procedure legislation of the Republic of Kazakhstan.
      2. Copies of this decision shall be directed to a debtor for the information and in the Border Guard of CNS of the Republic of Kazakhstan for enforcement.
      3. Temporary restrictions on departure of an individual, civil servant (fulfilling obligations), legal entity, being a debtor from the Republic of Kazakhstan may be suspended in case of necessity of care delivery beyond the boundaries of the Republic of Kazakhstan.
      Regulation of an enforcement agent on suspension of temporary restriction on departure of an individual, civil servant (fulfilling obligations) of a legal entity, being a debtor, from the Republic of Kazakhstan with specification of the term of suspension shall be subject to sanctioning by court in the manner, established by civil procedural legislation of the Republic of Kazakhstan.
      Footnote. Article 33, as amended by the Law of the Republic of Kazakhstan dated 15.01.2013 No 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 34. Time restraints in the scope of issuance and validity of licenses and permits

      Footnote. Title of Article 34 is in the wording of the Law of the Republic of Kazakhstan 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. In case of non-fulfillment by a debtor without justifiable reasons of a court order:
      1) on collection from individual the amount over five hundred monthly calculation indices;
      2) on collection from a legal person the amount more than a sum of two thousand five hundred monthly calculation indices;
      3) on non-property nature - enforcement agent at the end of a period of enforcement under Article 39 of this Law, and on court orders on recovery of alimony in the case of non-payment of alimony by a debtor within three months, and debt creation more than a hundred monthly calculation indices shall direct to court a presentation on a temporary prohibition to issue license, permits to a debtor, as well as suspension of previously issued licenses and permits to a debtor. A presentation shall be considered by court in the order, established by the civil procedure legislation of the Republic of Kazakhstan. Copies of court rulings, rendered after consideration of enforcement agent shall be directed to a debtor for the enforcement in the relevant authorized bodies.
      2. A court ruling, rendered after consideration of a presentation of enforcement agent, directed in accordance with this Article, is mandatory for enforcement by a debtor and all licensors and other government bodies, authorized to issue permits.
      Footnote. Article 34 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 35. Providing information about a property status by debtor

      1. A debtor at the end of willful enforcement should be obliged at the request of enforcement agent to provide him information about his existing property, as well as provide information on sources of income. Form of information shall be approved by authorized body.
      2. In the provided information a debtor must also indicate grounds of all payable property requirements.
      3. A refusal to provide information, specified in this Article, or providing of false facts are malicious nonperformance of court orders.
      Footnote. Article 35 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 36. Unified register of debtors

      1. An authorized person shall maintain unified register of debtors for the purposes of necessary objectives required for carrying out on compulsory execution of court orders. Information on debtors shall be posted on official web-site of the authorized body.
      Unified register of debtors shall be formed and maintained by automated information system of execution proceeding bodies.
      Information to be included in the Unified register of debtors that don’t have debts on execution proceeding on periodically recovery more than three months shall be directed by enforcement agents within three days after commencement of execution proceeding.
      2. Specified information shall include:
      1) last name, first name, patronymic (in its existence) of a debtor or the name of debtor's organization;
      2) body, that issued a court order, date of issuance and content of unfulfilled obligation of a debtor;
      3) last name, first name, patronymic (in its existence) of an enforcement agent, directing the specified information, name and address of territorial department or address of office of a private enforcement agent.
      3. Exclusion of a debtor from the Unified register of debtors shall be performed only after termination of executive proceeding on the basis, provided by Article 47 of this Law, and in the absence of debts on executive proceedings on periodical sanctions.
      After the termination of enforcement proceedings within five calendar days an enforcement agent shall direct relevant information to authorized body that is the basis for exclusion of a debtor from register.
      Footnote. Article 36 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

SECTION 2. ORDER OF COMISSION OF ENFORCEMENT PROCEDURES

Chapter 6. GENERAL TERMS OF COMMISSION OF ENFORCEMENT PROCEDURES

      Article 37. Adoption of a court order to proceedings

      1. Enforcement agent shall initiate enforcement proceedings on the basis of a court order at the request of recoverer, unless otherwise was not established by this Law and other legislative acts of the Republic of Kazakhstan.
      2. A statement shall be signed by recoverer or his representative. A representative shall attach to statement a power of attorney or other document, proving his credentials. A statement may contain a request for seizure of debtor’s property in order to ensure contained court order requirements, as well as establishment of a debtor for limitations, provided by this Law.
      3. Enforcement agent shall initiate enforcement proceedings without a statement of recoverer in cases when a court, other body (official) directs a court order to enforcement agent. Court orders, on which the recoverer is the state, shall be directed to private enforcement agent by the interested state bodies.
      4. Enforcement agent after receipt by him of a court order, relevant to established requirements by the Law, not later than three days shall initiate enforcement proceedings, about what shall be decerned.
      By this, a private enforcement agent shall conclude the contract (agreement) with a recoverer on conditions of execution of court orders.
      Enforcement agent simultaneously with initiation of enforcement proceedings shall take measures on security of execution of court orders, provided by this Law, as well as detect existence of other executive proceedings in relation to a debtor, in case of detection shall notify a recoverer and explain the order of priority of satisfaction of his (her) requirements, according to this Law.
      5. After the initiation of enforcement proceedings any enforcement of debtor’s duties before recoverer should be with a mandatory notification of enforcement agent.
      Footnote. Article 37 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 № 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 38. Grounds, consequences and elimination of refusal reasons to initiate enforcement proceedings

      1. Enforcement agent within three days from the date of a court order receipt shall render a decision on the refusal to initiate enforcement proceedings if:
      1) a court order was presented without a recoverer’s statement or statement was not signed by a recoverer or his representative, except the cases, when enforcement proceedings shall be subject to initiation without of statement of a recoverer;
      2) a court order was presented at the place of commission of enforcement procedures;
      3) a time of presentation of a court order was expired and has not been recovered by court to enforcement;
      4) a document is not enforcement or does not meet requirements of a court order.
      5) a court order was previously presented for enforcement and enforcement proceedings by him was dismissed on the grounds, provided in paragraph 1 of Article 47 of this Law;
      6) a court act has not been enforced, act of a body (official), which is a court order or on the basis of which was issued a court order, except court orders, subjected to immediate enforcement;
      7) a recoverer has not paid into current account of a private enforcement agent the amount, necessary for the exercise of enforcement procedures;
      8) court order is not attached by the copy of court act with notation on entering into legal force, certified by signature of judge and seal of court;
      9) information and documents, provided by Article 709-1 of the Code of the Republic of Kazakhstan on administrative violations are not presented by the authorized bodies.
      2. A copy of decision of enforcement agent on the refusal of initiating of enforcement proceedings with application of all received documents no later than a day, following the date of rendering of decision shall be directed to a recoverer and in court or body (official) for issuing a court order.
      A private enforcement agent shall return a document to recoverer. In a decision of refundment must be indicated grounds, on which a court order is returned.
      3. Elimination of circumstances, provided in subparagraphs 1-4), 6) and 7) of paragraph 1 of this Article shall not prevent the repeated issue (presentation) of a court order to enforcement agent in the order, established by this Law.
      For elimination of circumstances, provided in subparagraph 7) of paragraph 1 of this Article, a private enforcement agent shall establish for recoverer a term of 10 days. In the case if in specified period a recoverer will not pay necessary amount to a current account, a court order shall be deemed as not presented to enforcement and shall be returned to recoverer.
      4. A date of filing of a court order received by enforcement agent after elimination its defects or later than established term, shall be deemed the day of his secondary income.
      5. A court order that came with unrepaired defects, specified in a decision on its return, shall not subject to enforcement and shall be returned to the body or person who directed it.
      Footnote. Article 38 as amended by the Law of the Republic of Kazakhstan 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 39. Period for enforcement of court orders

      1. Enforcement of court orders by enforcement agents must be completed no later than two months from the date of initiation of enforcement proceedings, with exception of court orders on periodic recoveries, except the cases, when were established other periods of enforcement by legislative acts.
      2. On court orders, related with wracking of buildings, with the manufacturing of process operations, as well as on court orders on pecuniary, which requires the extent with the involving of specialists, performance of expert examination, realization, asset tracing of a debtor, enforcement shall be completed no later than four months.
      3. Other, not specified by this Law, periods shall be agreed in writing between a recoverer and a private enforcement agent.
      4. In a period of enforcement proceedings shall not be included time during which enforcement of court orders was deferred, extended, spaced out or extended on grounds, provided by this Law.
      Footnote. Article 39 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 № 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 40. Deferral, extension, changing the way and procedure of enforcement, indexation of judgment amounts

      In existence of circumstances that make enforcement procedures difficult or impossible, a recoverer or a debtor or enforcement agent shall have the right to put the issue on change of the method and procedure for enforcement before court, trying a case, or before court according to the place of enforcement.
      Issue on deferral or extension of enforcement, as well as indexation of judgment amounts shall be decided by court upon application of parties of executive proceeding.
      Footnote. Article 40 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 41. Postponement of enforcement procedures

      Footnote. Article 41 is excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 42. Obligation of enforcement agent to defer enforcement proceedings

      Enforcement proceedings shall be deferred in the following cases:
      1) death of debtor or recoverer, enforcement of a court verdict on the recognition of debtor or recoverer of missing person or declaring him dead, if a legal relationship permits legal succession;
      2) reorganization of a legal person who is a debtor, or the adoption in the established order of decision on initiation of proceedings about accelerated rehabilitation procedure, rehabilitation procedure, bankruptcy;
      3) enforcement of a court verdict on recognition of recoverer or debtor as incapable, partially capable;
      4) is excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      5) filing a complaint to a court against actions (inactions) or decisions of bodies (officials), imposing an administrative fine;
      6) rendering of decision by a court or official, provided by the right of suspension of enforcement of court act by the legislation of the Republic of Kazakhstan, on the basis of which the court order is issued, as well as provision of deferral, extension of enforcement for the certain term;
      7) a presentation in court a claim on exclusion from inventory (release from arrest) a property, which was levied on execution by a court order;
      8) an adoption by National Bank of the Republic of Kazakhstan a decision on the deprivation or suspension of licenses validity for activities in the financial market or decision for preservation of financial institution;
      9) an initiation by court a case on compulsory liquidation of Bank, insurance (reinsurance) organizations, the Pension Savings Fund;
      10) an adoption by court a decision on restructuring of financial organization;
      10-1) an adoption by court a decision on the restructuring of Organization, which is a member of banking conglomerate as a parent organization and not a financial institution;
      11) a court action against debtor or recoverer of the results of extent of the debtor;
      11-1) temporary absence of a debtor for the term of more than one month (being of a debtor in medical treatment facility, official business trip, beyond the boundaries of inhabited locality, as well as due to active military service in Armed Forces, other forces and military formations of the Republic of Kazakhstan) under condition that executive proceeding may not be carried out without its participation;
      11-2) non-payment of the sum, required for carrying out of enforcement procedures by a debtor to the current account by the term, established by a private enforcement agent;
      12) a written application of a recoverer;
      13) vindications of enforcement proceedings by a court, prosecutor's office or other Law enforcement bodies, vested with such right.
      14) in case of circulation by a court in relation to a debtor.
      In the cases, provided in subparagraphs 7) and 11) of this Article shall be deferred the enforcement procedures only in the part of a property in respect of which the claim on exclusion from the inventory (release from arrest) was presented or there is a court action against the results of extent.
      In case, provided by subparagraph 12 of the part 1 of this Article, the enforcement procedures in the part of conducting the invited biddings, as well as fulfillment of collection orders shall not be suspended.
      Footnote. Article 42, as amended by the Laws of the Republic of Kazakhstan dated 28.12.2010 No. 368-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.03.2011 No. 414-IV (shall be enforced from 01.01.2010); dated 17.02.2012 No. 564-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2012 No 30-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.06.2013 No 106-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 43. Right of enforcement agent to suspend enforcement proceedings

      Footnote. Article 43 is excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 44. Suspension periods of enforcement proceedings

      Enforcement proceedings shall be deferred in the following cases:
      1) provided by subparagraphs 1), 2), 3) of Article 42 of this Law - before the determination of a legal successor of a debtor or recoverer, assignment to the incapable or impaired debtor or recoverer of the trustee or tutorship, taking a decision in the established order on liquidation of a legal entity, declaring the bankrupt of legal entity or an individual entrepreneur (a debtor);
      2) provided by subparagraphs 5), 7) and 11) of Article 42 of this Law – before entering into legal force of court act;
      3) provided by subparagraph 6) of Article 42 of this Law – before completion of proceeding in the manner of supervision or before regulation of the relevant official on cancellation of suspension of execution of court act, on the basis of which the court orders is issued, as well as provision of deferral, extension of execution for the certain term;
      4) provided by subparagraph 10) of Article 42 of this Law – before termination of restructurisation of financial organization;
      5) provided by subparagraph 10-1) of the part one of Article 42 of this Law – before termination of restructurisation of organization, included to banking conglomerate in the capacity of parental organization and that is not financial organization;
      6) provided by subparagraph 11-1) of Article 42 of this Law – before release of a debtor from medical treatment facility, return from business travel to inhabited locality, as well as from active military service in Armed Forces, other forces and military formations of the Republic of Kazakhstan due to completion of active military service;
      7) provided by subparagraph 11-2) of Article 42 of this Law – before payment of the sum, required for enforcement of enforcement procedures to the current account by a recoverer;
      8) provided by subparagraph 12) of Article 42 of this Law – before receipt of application from a recoverer;
      9) provided by subparagraph 13) of Article 42 of this Law – before return of enforcement proceedings by body that reclaimed it.
      10) provided by subparagraph 14) of Article 42 of this Law – before establishment of location area of a debtor or detection of his (her) property.
      Footnote. Article 44 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 45. Detection of a debtor

      1. Upon uncertainty of a debtor's place of residence an enforcement agent shall be obliged to seize a court at the place of enforcement of a court order with the presentation of declaring the detection of debtor through the bodies of internal affairs or the financial police.
      Upon detection of place of residence of a debtor or detection of his (her) property, the enforcement proceeding shall be reproduced.
      2. The debtor’s detection shall be carried out according to the judicial decision by the bodies of the internal affairs and the financial police in the established order by the legislation of the Republic of Kazakhstan.
      3. Expenses for a debtor’s detection are related to costs of commitment of enforcement procedures and shall be collected by the Court from a debtor to the local budget.
      Expenses for a debtor’s detection shall be determined on the basis of the statement of the Internal affairs body or the financial police, carried out the detection.
      Footnote. Article 45 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No.164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 46. Reopening of enforcement proceedings

      Enforcement proceedings shall be reopened after elimination of the circumstances entailed his deferral, according to a recoverer’s statement, or on the initiative of enforcement agent.

      Article 47. Grounds and consequences of enforcement proceedings deferral

      1. Enforcement proceedings shall be ceased if:
      1) a recoverer refused from collection;
      2) a recoverer and a debtor settled amicably, and it is confirmed by a court;
      2-1) parties of enforcement proceeding concluded agreement on settlement of dispute in the manner of mediation;
      3) after the death of the citizen, who is a recoverer or a debtor, the requirements or obligations, established by a decision may not be passed to the legal successor of the dead person;
      4) was lost the possibility of the enforcement of court orders, which obliges a debtor to commit certain actions (to refrain from commission of certain actions) was lost;
      5) a resolution of the body, on the basis of which was issued a court order is revoked;
      6) the liquidation of the legal entity, who is a recoverer or debtor, in the absence of a legal successor or if a court order was directed to the bankruptcy manager or in the liquidation commission of a legal entity, who is a debtor was completed;
      7) a collection or other requirement of a court order was enforced in full;
      7-1) debts on enforcement proceeding on recovery of alimony after reaching the majority are absent;
      8) a recoverer refused to receive items, seized from a debtor in the enforcement of a court order on their transfer to a debtor;
      8-1) a debtor doesn’t have property, as well as money, securities or incomes, all the measures on detection of his (her) property or incomes found issueless in the course of enforcement of court order on confiscation of property;
      9) a court decision on the cancellation of the restructuring on the ground, provided in subparagraph 2 ) of the first paragraph of Article 312-6 of the Civil Procedure Code of the Republic of Kazakhstan was enforced.
      2. In the case of termination of enforcement proceedings enforcement agent shall render a decision during the day. The court order or a copy with the relevant mark shall be directed to a court or other body, issuing the document and a private enforcement agent – to a recoverer.
      At the same time are subject to cancellation the enforcement measures. According to court orders, terminated on the basis of subparagraph 1), 2), 2-1) and 7) of paragraph 1 of this Article, after the enforcement of which the enforcement sanction is subject to the collection and the payment of a private enforcement agent for his actions, the enforcement measures are subject to the cancellation only after their collection. The terminated enforcement proceedings may not be started again, except the cases of recovery by a court the terms of presentation of a court order to the enforcement or recognition of enforcement agent’s actions illegal on the enforcement of a court order, which proceedings is terminated.
      Footnote. Article 47 as amended by the Laws of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.03.2014 No. 177-V(shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 48. The return of court orders to recoverer

      1. Court order, on which the collection was not enforced or is not enforced in full, by decision of enforcement agent shall be returned to a recoverer in the following cases:
      1) at the request of a recoverer
      2) if a debtor has no property, including cash, financial credit documents or income, which may be collected, and all assume measures, provided by the Law, by enforcement agent to identify his property or income have been unsuccessful;
      3) if on a court order of non-property all measures, provided by the Law on the enforcement, were unsuccessful;
      4) if a recoverer has refused to retain a property of a debtor, not sold during the enforcement of a court order;
      5) is excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      6) if a recoverer refused to make a payment of advance amounts on the current account of a private enforcement agent, necessary to cover the costs of the enforcement;
      7 ) if during the enforcement of a court order will be developed that a debtor, a debtor's property are in the territory, which is not subject to the authority of a private enforcement agent;
      7-1) in case of retirement of a debtor (death of a citizen, reorganization of legal entity, assignment of a debt) as from the date of enforcement of court order, an enforcement agent shall return the court order without enforcement to a recoverer with explanation of the right to judicial recourse with requirement on establishment of legal successor and change of a debtor, with the exception of cases, provided by this Law;
      8) existence of grounds for the removal of a private enforcement agent, referred to in paragraph 1 of Article 54 of this Law.
      2. A return of a court order to a recoverer is not an obstacle for duplicative presentation of this document to the enforcement within the statutory of established by the Law period of limitation.
      3. Court orders, on which the collection shall be carried out in profit of state, returned with the compliance of the following order:
      1) a court order, issued (passed on ) by the court, shall be returned to the government body that initiated the claim or made the protocol on administrative violation;
      2) a decision of body (official), authorized to consider cases on administrative offenses, shall be returned to the appropriate authorized body (official);
      3) a decision of a prosecutor shall be returned to the prosecutor;
      4) court orders for the collection in the profit of state on criminal cases shall be returned to the court.
      4. Is excluded by the Law of the Republic of Kazakhstan dated 27.04.2012 No 15-V (shall be enforced upon expiry of ten calendar days after its first official publication.)
      5. Court order, on which the recovery is performed not in full measure, as well as on which the bidding is announced shall be returned to a recoverer upon application, if a recoverer reimburses incurred expenses in fact on enforcement.
      Footnote. Article 48, as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication.); dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 49. Consummation of enforcement proceedings

      Enforcement proceedings shall be considered consummated in the cases of:
      1) return of a court order on the grounds, specified in Article 48 of this Law;
      2) termination of enforcement proceedings on the grounds, specified in Article 47 of this Law;
      3) return of a court order without the enforcement at the request of a court or other body, that issued the document.

      Article 50. Examination of issues on deferral or termination of enforcement proceedings, return of a court order to a recoverer or its direction to the bankruptcy manager in a liquidation committee of a debtor- legal entity

      1. The issues on suspension, termination of enforcement proceedings, the return of a court order or its direction to the bankruptcy manager in a liquidation commission of a debtor- legal entity shall be considered by enforcement agent.
      2. On the suspension, termination of enforcement proceedings, the return of a court order or the direction of its bankruptcy trustee in the liquidation commission of a debtor- legal entity officer of a court shall issue an order, which is for the state court officers shall be subject to approval by the head of the territorial body.
      3. A decision of enforcement agent on deferral, termination of enforcement proceedings, the return of a court order or its direction to the bankruptcy manager in a liquidation commission of a debtor- legal entity may be appealed to a court.
      Footnote. Article 50 is in the wording of the Law of the Republic of Kazakhstan dated 07.03.2014 No. 177-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 51. Clarification of court order, subjected to enforcement

      In case of uncertainty of a court order an enforcement agent, received it for his enforcement, as well as a recoverer or debtor may seize a court or body that issued a court order, for the clarification of a decision or other act on the basis of which a court order was issued.
      Footnote. Article 51 is in the wording of the Law of the Republic of Kazakhstan dated.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 52. The place of commission of enforcement procedures

      1. Court order shall be presented at the place of registration of an individual – a debtor or at the place of his (her) permanent place of residence, or at the place of his (her) work with carrying out of enforcement procedures at the place of presentation, as well as at the place of registration or location of his (her) property.
      If a debtor is a legal entity, the court order shall be presented at the place of registration or location of its body (incorporator) in fact with carrying out of enforcement procedures at the place of presentation, as well as at the place of registration or location of its property.
      At the place of commission of enforcement procedures, an enforcement agent may use audio, photo, video recording, about which the notation shall be made in the service document with the following attachment of received material to enforcement proceeding.
      2. The enforcement of court orders, obliging a debtor to commit certain actions shall be carried out by enforcement agent at the place of the commission of such actions.
      3. If necessary, the commission of certain enforcement procedures, and (or) the application of specific measures of enforcement in the territory, which is not subject to the powers of the state enforcement agent, he is entitled to instruct to the relevant state enforcement agent to commit enforcement procedures and ( or) to apply enforcement measures. A procuratory shall be made out by a decision of state enforcement agent in accordance with Article 10 of this Law and approved by the head of the territorial body.
      4. If during the enforcement of a court orders will be developed that a debtor, a debtor's property are in the territory, which is not subject to the powers of enforcement agent:
      1) the state enforcement agent of a court order shall immediately render a decision not later than three business days from the date of its rendering, shall direct a court order and copies of all materials to the state enforcement agent at the new place of residence or actual residence of a debtor, his new place of work, the new location of a debtor- the legal entity or the new location of a property of a debtor, about what a recoverer shall be informed. A copy of a court order shall be remained in enforcement proceedings;
      2) A private enforcement agent shall have the right to return a court order to a recoverer or commit enforcement procedures with leaving beyond its territorial district for selling the immovable property of a debtor at the place of his (her) registration and (or) other property at the place of his (her) location.
      Footnote. Article 52 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 53. The time of the commitment of enforcement procedures

      1. Enforcement procedures shall be committed during business days - from six to twenty-two hours. The specific time of the commitment of the enforcement procedures in this range shall be determined by enforcement agent. The parties of enforcement proceedings shall have the right to offer a convenient time for them to commit the enforcement procedures.
      2. On weekends and holidays, as well as night-time the enforcement procedures shall be permitted only in the cases of urgency or when on the fault of a debtor their commitment is impossible in other days and in the established time by this Law.

      Article 54. Recusations in enforcement proceedings

      1. Enforcement agent, a translator, a specialist may not participate in enforcement proceedings and shall be subject to the recusation if they are personally, directly or indirectly are interested in the outcome of enforcement proceedings or there are other circumstances, in particular, their relationship with the parties, their representatives, raising doubts as to heir impartiality.
      2. In the presence of circumstances to remove the persons, referred to in paragraph 1 of this Article, shall recuse himself or herself. A recusation shall be justified and declared in writing prior to the commission of the enforcement procedures. A recusation in the process of enforcement shall be allowed if there was a reason for it and it became known after the commission of the enforcement procedures.
      3. Issue on a recusation of state enforcement agent shall be solved by the head of the territorial department, about what a reasoned decision shall be made.
      The issue on recusation of the translator or specialist shall be solved by enforcement agent, about what a reasoned decision shall be made, which shall be confirmed by the head of the territorial body.
      In the presence of the grounds, referred to in paragraph 1 of this Article, a private enforcement agent shall return a court order to a recoverer, about what a decision shall be made.
      4. Decision about the refusal in the recusation of enforcement agent not to challenge may be appealed and challenged in the established order in the court. Filing a complaint or appeal shall not suspend the proceedings of the enforcement procedures.
      Footnote. Article 54 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 7. LEVY EXECUTION ON A DEBTOR'S PROPERTY

Paragraph 1. Basic rules

      Article 55. The order of levy execution on a debtor’s property

      1. Levy execution on a debtor's property shall include seizure of property and (or) its compulsory realization or the transfer to a recoverer.
      2. Collection on court orders shall be drawn, first of all, to the cash amount of a debtor, including banks and organizations, engaged in certain types of banking operations, unless other order was not specified in a court order.
      3. Levy execution on the cash amount of a debtor that appear on accounting (cash register) documents, shall be carried out independently of the consent of a debtor immediately upon the grant or detection regardless of where they were stored.
      Cash amount of a debtor, including stored in the safes of cash of a debtor and situated in a separate room of the office or other premises of a debtor, shall be subject to the seizure immediately upon their detection, if it is credibly known that they belong to a debtor.
      4. In the absence of a debtor's monetary amounts sufficient to repay the debt, the collection shall be levied to another property, belonging to a debtor. Enforcement agent with the consent of a recoverer and a debtor shall have the right to transfer a property in kind without the realization of its pre- estimation, with the exception of a property subject to the state registration.
      5. The collection on property of a debtor shall be levied in that extent and volume that is necessary for the enforcement of a court orders, taking into account the cost of enforcement and payment of the costs for a private enforcement agent activity. In case of insufficiency of other property of a debtor the collection may be levied on its property, the cost of which shall exceed the amount of recovery under a court order. In such cases, after the sale of property a debtor shall receive the proceeds of sale less collected amount and cost of the enforcement by a court order, as well as the amounts, paid for a private enforcement agent’s activity.
      6. Being a debtor in detection shall not prevent the levy execution on his property.
      7. In awarding a recoverer the certain items, specified in a court order enforcement agent shall withdraw these items from a debtor and transfer them to a recoverer with drawing up the act of transmission.
      8. The levy execution on property by a private enforcement agent shall be carried out with a court sanction, obtained in the order, prescribed by the civil procedure legislation of the Republic of Kazakhstan.
      Footnote. Article 55 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 56. Levy execution on property of legal persons and individual entrepreneurs

      1. In the absence of debtor's monetary amounts sufficient to repay a debt (if the relevant information of the bank, carrying out maintenance of bank account of a debtor), the collection may be levied on any other property, belonging to it, as well as a property of the founders (participants) of the legal person, unless the Law restrictions in respect of a property and provided a property liability of founders (participants) of the legal person.
      2. If during the enforcement it is established that a property of a debtor- legal person or individual entrepreneur is not enough to repay the debt, and the civil Law of the Republic of Kazakhstan allows recognition of a debtor as insolvent (bankrupt), enforcement agent must notify a recoverer.
      3. The levy execution on a debtor's property, duly recognized as insolvent (bankrupt), shall be carried out in accordance with the laws of the Republic of Kazakhstan for bankruptcy.
      4. In the case of corporate restructuring at the time of the enforcement of a court order enforcement agent shall establish the legal succession of a debtor and shall direct to a court that rendered decision on replacement of debtor on his legal successor.
      Footnote. Article 56 as amended by the Law of the Republic of Kazakhstan dated 07.03.2014 No. 177-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 57. The levy execution on mortgaged property

      1. A mortgaged property may be levied in case of insufficiency of other property of a debtor for the full satisfaction of all due to it claims, not secured by mortgage, with the compliance of established by the civil legislation of the Republic of Kazakhstan encumbrance’s rights.
      2. On insufficiency of a debtor’s property, not in pledge for satisfaction of due claims of a recoverer, not having the right on a property of a debtor, collection on mortgaged property, except a property that is collateral for the secured bonds, and real estate held as collateral for residential mortgage loan obligation, may be levied for the benefit of non- mortgagees claimants whose claims take precedence over the requirement of the mortgagee, on the basis of a court decision. A court decision on the levy execution on mortgaged property shall be made at the request of enforcement agent in the judicial sitting with the notice of incumbrancer, recoverer and debtor of the time and place of a judicial sitting. The realization of property shall be carried out in this case according to the rules of the mortgaged property. In this case, requirements shall be satisfied from the costs of sold property in order of priority, established by Articles 110-112 of this Law.
      An incumbrancer shall have the right to declare the abandonment of a mortgaged property. In this case he has to meet the requirements, which are advantageous before the requirements of incumbrancer, in an amount not exceeding the cost of abandoned property left by him for himself.
      3. The levy execution on the mortgaged property, except for real estate held as collateral for residential mortgage loan obligation shall be allowed in order to discharge the claims of a recoverer (recoverers) who do not have an advantage over the requirement of incumbrancer, if there is no other property which may be levied in order to discharge the claims of these recoverers, or such property is not enough. In this case, the levy execution on the mortgaged property may be determined by a court decision in compliance with the rights of incumbrancer.
      Footnote. Article 57 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 58. The levy execution on sums of money and other property of a debtor, held by others persons

      1. On the levy execution on the sums of money and other property of a debtor, held by other persons, an enforcement agent shall arrest and take measures to the compulsory collection.
      2. The collection on debtor's sums of money, that are in banks or organizations, engaged in certain types of banking operations shall be carried out by exhibiting enforcement agent through the issue of collection order. To the collection order shall be accompanied by copies of court orders, stamped by the seal of a private enforcement agent or territorial department. A responsibility for the accuracy of the copy of a court order shall bear a private enforcement agent or a head of the territorial department.
      3. In the case of absence of a debtor’s amounts of money in a bank account in tenge the collection shall be made from the bank accounts of a debtor in a foreign currency on the basis of collection orders, exhibited by enforcement agent in tenge, using the market exchange rate, determined in the order, prescribed by the Ministry of Finance of the Republic of Kazakhstan jointly with the national Bank of the Republic of Kazakhstan, on the day of payment.
      Footnote. Article 58 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 59. Revocation of the collection order

      A revocation of the collection order shall be carried out by a state enforcement agent with the written consent of the head of the territorial body and a private enforcement agent in the following cases:
      1) termination of enforcement proceedings on the grounds, specified in Article 47 of this Law;
      2) return of a court order without the enforcement at the request of a court or other body that issued the document;
      3) return of a court order to a recoverer, except the case, provided in subparagraph 4) of paragraph 1 of Article 48 of this Law;
      4) at the statement of a recoverer on revocation of collection order.

      Article 60. Levy execution on a share in common property

      1. At levy execution on a debtor's share in common property enforcement agent shall notify the co-owners of a property and give them the right of first refusal of share in the common property of a debtor. A cost of the share shall be specified in notice on the basis of a written opinion of a specialist.
      2. A period during which the co-owner of seized assets may exercise a right of first refusal shall be determined by the Civil Code of the Republic of Kazakhstan and shall be calculated from the date of notification of co-owner on a seizure of debtor's property.
      3. If a notice of co-owners is not possible due to the uncertainty of their place of residence (stay), the lack of them in place of residence or other justifiable reasons, a realization of share in common property may be made no earlier than thirty days after a seizure of property.
      4. In the absence of documents on the share extent of a debtor, and (or) the impossibility to identify a specific property of a debtor, equivalent to the share in common property, division of property, and the definition of shares in property and apportionment of participatory share of a debtor shall be carried out in a judicial proceeding at the request of enforcement agent or by claim of a recoverer.
      5. Sale of debtor’s share in the common property shall be carried out in accordance with rules, provided by this Law.

      Article 61. Property on which the execution may not be levied

      The execution according to court orders may not be levied execution on the following types of property, belonging to a debtor a right of property or is a share in the common property necessary for a debtor and persons, lived in dependence of him:
      1. Items of household furnishings, household staff:
      1) clothes, shoes, linen, bedding, kitchen and dining utensils that were used, except fur and other valuable clothing (if there is any other clothing that may replace it for a living wage), dinner services, items made of precious metals, as well as having artistic value;
      2) furniture, the minimum necessary for a debtor and his family members (one bed and a chair for each person, one table, a wardrobe and a trunk per family);
      3) all children's belongings.
      2. Food in the amount necessary for a debtor and his family until the next harvest, farm buildings and livestock in the amount necessary to meet the needs of a debtor and his family, as well as livestock feed, if debtor's main occupation is agriculture, and in other cases - food and money for the total amount of not more than the minimum wage.
      3. Fuel for cooking and heating in the dwelling of a family.
      4. Equipment (including manuals and books) necessary for continued professional training of a debtor, except the cases when a debtor was disqualified to engage in certain activities by a court verdict or when the equipment was used by him for the crime.
      5. Vehicles, specially designed for the movement of people with disabilities.
      6. International, governmental and other prizes by what a debtor is awarded.
      Levy execution on a property that is the subject of repo transactions, concluded in the trading systems of the organizers of trading through the open bidding may be drawn only after the closure of these repo transactions.

Paragraph 2. Arrest of debtor's property

      Article 62. Arrest of debtor's property

      1. Enforcement agent in order to ensure the enforcement of a court order, including during the period, established for voluntary compliance by a debtor, contained in a court order requirements are entitled to seizure a property of debtor, including in the cases, provided by Law, with the sanction of the court. In this case, enforcement agent shall have the right not to apply rules of the order of e levy execution on a property of a debtor.
      2. Arrest of debtor's property is in the prohibition for disposition by this property, as well as declaring of prohibition for use and disposition of sums of money of a debtor that are in banks and other organizations, engaged in certain types of banking operations, about what shall be rendered a decision on seizure of property of a debtor.
      3. A seizure may be imposed on debtor's property belonging to him on right of ownership, of economic management and operational control (taking into account the limitations, established by the Civil Code of the Republic of Kazakhstan), regardless of where and in whose actual use it is.
      The arrested sum of money shall be specified in resolution of an enforcement agent on arrest of money and other property in banks and organizations, carrying out separate types of banking operations.
      An arrest of money and other assets in banks and organizations, engaged in certain types of banking operations, shall be imposed by enforcement agent only with the sanction of a court.
      A seizure of property that is the subject of repo transactions, which is in the trading systems of the organizers of the auction method of open trades, during the civil proceedings may be imposed only after the closure of these repo transactions.
      4. In the case if a location of debtor's property at the disposal of others, caused by contract between them, the issue of the possibility of preservation for others stemming from the treaty rights and the seizure of property shall be decided by a court in the order of the action proceedings.
      5. Preventing a performance of enforcement agent action on the levy execution on property, violation action of the prohibition of enforcement agent to dispose or use a property which has been arrested, as well as other illegal actions against arrested property shall entail a liability under the laws of the Republic of Kazakhstan.
      6. Arrest of money, being on banking account of a debtor shall be imposed in the sum, required for enforcement of court order in recognition of enforcement sanction, expenses on enforcement and payment of activity of a private enforcement agent.
      In case, if recovery of money on the basis of collection order is performed in full measure, the arrest previously imposed within enforcement proceeding on which the collection order is performed shall be considered removed, and regulation on arrest shall be subject to return to its initiator.
      Footnote. Article 62 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 63. Order of arrestment on property

      1. At levy execution on property enforcement agent shall find its affiliation to a debtor, the actual value and the existing encumbrance on it. In cases when the clarification of ownership of a property that is not subject to the state registration is difficult and there are reasons to believe that a property belongs to a debtor, an enforcement agent shall have the right to seize a property until the identification of its ownership.
      If a property does not belong to a debtor, he must provide to enforcement agent with the necessary evidence of possession of seized property.
      2. After ascertaining ownership of the property to the debtor, enforcement agent shall include it into inventory, depending on the size of collections, shall impose seizure on all or part of a property and shall direct the seizure to the relevant bodies of the state registration.
      By this, the inventory in respect of immovable property shall not be made.
      3. On seizure of the mortgaged property enforcement agent shall notify the encumbrancer.
      Footnote. Article 63 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 64. Order establishing the use of seized property

      1. If necessary, enforcement agent shall have the right to seize a property or limit rights of a debtor on the use of seized property. Types, volumes and terms of limitation constraints shall be determined by enforcement agent in each case, taking into account the objectives of seizure of this property, properties characteristics, its significance for the owner or possessor, economical, domestic or other use, and other factors.
      2. Violation of the prohibition of enforcement agent to dispose a property or omission to observe the restrictions on the right to use a property of a debtor, which is seized, shall entail the same consequences, which are provided by this Law for failure to perform requirements of court order.
      3. At the arrest of bills, checks, saving books on a producer, deposit and savings certificates, debenture bonds and other assets, containing the obligation to pay a sum of money to a debtor, enforcement agent shall withdraw the said property by protocol on withdrawal.

      Article 65. Arrestment on financial credit documents

      1. An arrest on certificated financial credit documents shall be imposed according to their location. Arrest on uncertificated financial credit documents shall be imposed according to the place of registration of the rights of the owner of such financial credit documents.
      2. On the arrestment on financial credit documents enforcement agent shall render a decision. On the arrestment of the certificated financial credit documents an enforcement agent shall make a protocol in accordance with Article 67 of this Law.
      3. A decision on the arrestment of financial credit documents, a total quantity of arrested financial credit documents, their type, identification number, information about the issuer of financial credit documents, and other data that identify financial credit documents, as well as to establish their identity to a debtor.
      4. The arrestment on financial credit documents, owned by a debtor, shall mean the prohibition to a debtor to dispose (sell, provide as financial credit documents for own liabilities or obligations of third parties, charge otherwise). On establishing of other restrictions, including restrictions on a right to receive income and other debtor's rights, attached by financial credit documents, an enforcement agent must transfer restrictions in a decision on the arrestment of financial credit documents.
      5. The arrestment of financial credit documents shall not prevent by Issuer (management company) actions on their maturity, payment of income for them and their conversion or exchange for other financial credit documents, if such activities are provided by the terms of issue (the rules of mutual fund) arrested financial credit documents and are not prohibited by the resolution on the arrestment of financial credit documents. On the commitment of specified actions the issuer (management company, managing director) shall notify enforcement agent immediately.
      6. Resulting from conversion or exchange of other financial credit documents shall be considered being under arrest on the same conditions as financial credit documents were arrested by order of arrestment, if it is not contrary to the aims of arrest. An enforcement agent in addition to the earlier rulings shall order the seizure of the securities received as a result of the conversion or exchange, considering the size of the debt, determined in accordance with the paragraph 5 of Article 55 of this Law.
      6-1. Upon reorganization of banks in the form of affiliation, in relation of one of which the restructurisation in accordance with the Law of the Republic of Kazakhstan “On banks and banking activity in the Republic of Kazakhstan” is conducted, the arrest of shares of reorganized bank shall not prevent the commission of actions on reorganization (including the actions on their acquisition by bank, to which the affiliation is carried out), as well as shall not prevent the commission of the relevant actions by a registrar, central securities depository and (or) nominal holders carrying out the registration of the rights on arrested shares.
      Bank, to which the affiliation is carried out shall report an enforcement agent about this immediately after receipt of shares of affiliating bank, being under arrest.
      Shares of bank, to which the affiliation is carried out, placed among shareholders of the reorganized bank instead of previously arrested shares on regulation on arrest shall be considered as being under arrest on the same conditions as the shares of reorganized bank, unless it contradicts the purposes of arrest.
      An enforcement agent shall be obliged to issue regulation on arrest of shares of the bank, to which the affiliation is carried out, received in the view of results of placement of previously arrested shares in substitution in recognition of debts, determined in accordance with paragraph 5 of Article 55 of this Law in addition to previously issued regulation.
      7. If a restriction on debtor's rights of acquisition of income on financial credit documents by a court order, all the income on such financial credit documents shall be credited to the cash control account of the territorial body or the current account of a private enforcement agent.
      8. Arrested certificated financial credit documents shall be arrested and transferred to enforcement agent in custody against signature in the minutes of the protocol of financial credit documents with the presentation of a copy of the keeper of the protocol. Enforcement agent may decide to transfer financial credit documents on custody to the custodian.
      9. Arrested uncertificated financial credit documents shall not be excepted or transferred for recording of rights to another nominee.
      Paragraph 9-1shall be valid until 01.01.2013, in accordance with the Law dated 28.12.2011 No 524 -IV.
      9-1. A transfer by the registrar of arrested uncertificated financial credit documents for recording of rights to the single registrar.
      10. In the case of deferral or termination of relevant license validity of the nominee, carrying out recording of rights on arrested financial credit documents, the nominee shall notify enforcement agent about it no later than the day following the day of receipt of a notice on deferral or termination of license validity.
      11. In the case of termination of a contract by the issuer (of management company) with the nominee, carrying out the recording of rights, the nominee shall notify enforcement agent no later than the day following the date of termination.
      12. An issuer (management company, manager) in the case of maturity or redemption of financial credit documents of a debtor, which were arrested, shall pay the money, constituting the sum of payments on these financial credit documents, cash control account for the territorial body or the current account of a private enforcement agent.
      13. In the case of redemption of arrested financial credit documents in the form of transfer to the owner of a property and (or) property rights enforcement agent shall levy execution on a property and (or) property rights in the order, prescribed in this Law.
      14. Copies of arrestment order on financial credit documents shall be directed by enforcement agent no later than the day following the day of its rendering (drawing) to the parties of enforcement proceedings, as well as:
      1) a person, issuing financial credit documents (excluding the equity securities);
      2) a registrar (nominee), carrying out the recording of rights on arrested financial credit documents;
      3) an issuer (management company) if the arrest of financial credit documents is in the limitation of rights, vested by these financial credit documents.
      15. From the date of receipt of a copy of the arrestment order on financial credit documents of a person, referred to in paragraph 14 of this Article:
      1) may not meet the requirements of a debtor, aimed at realization of the rights to which a debtor is limited by this order;
      2) must immediately defer the operations with a debtor’s money, held in a special account of professional participant of financial credit documents market and financial credit documents, held in personal accounts and financial credit documents accounts, based on the amount of money, specified in a decision of enforcement agent.
      16. An arrest on obligations of nominee may not be imposed on nominee bank accounts, on which carried out the record of money, belonging to clients of the nominee.
      Footnote. Article 65, as amended by the Law of the Republic of Kazakhstan dated 28.12.2011 No. 524 -IV (the order of enforcement See Article 2); dated 19.03.2014 No. 179 – V (shall be enforced from the date of its official publication).

      Article 66. Property inventory of a debtor

      1. Enforcement agent shall carry out an inventory of a property of a debtor in the amount, required to repay the amount awarded to a recoverer, executory costs and expenses for the payment a private enforcement agent activity. In the case, provided by paragraph 5 of Article 55 of this Law, the cost of the inventoried property may exceed the amount of collection under a court order. An enforcement agent may seal the items, subjected to inventory.
      2. A property inventory must be carried out in the presence of a debtor and witnesses. In the absence of an individual person or a legal representative of a legal entity, who is a debtor, who was informed in advance of the commission of enforcement procedures, the inventory shall be drawn up in the presence of witnesses.
      3. In inventory shall be recorded a name of each object, its features (weight, metric area, degree of depreciation, brand of goods and other parameters), the assessment of each item individually, and the cost of the property. Inventory shall be signed by the individuals, involved in its drafting.
      4. An enforcement agent on the conclusion of the experts, participating in the inventory, shall have the right not to inventory the movable property, or to exclude it from the inventory later if, according to the conclusion of the expert it may not be sold or the amount, received from the sale will be less than the cost of enforcement.

      Article 67. Protocol of inventory and arrest of a property

      1. A protocol of inventory and arrest of a property shall include:
      1) a time and place of the drawing-up protocol;
      2) a name, first name and patronymic of enforcement agent, drawing- up the protocol, as well as persons who were present on drawing-up the protocol;
      3) a name of a court or other body, the which court order shall be enforced;
      4) a surname, name and patronymic of recoverer and debtor;
      5) an indication of the produced inventory of the property (who made the inventory, the total value of inventoried property);
      5-1) description of type or enumeration of property and its characteristics;
      6) order on sealing of the items, if it was not carried out;
      7 ) a name, first name, patronymic of an individual, the name of the legal entity to which a property shall be transferred for storage, addresses, if a property storage is laid not on a debtor himself;
      8) a notation for clarification to a debtor and others the order and term of appeal the actions of enforcement agent, and the clarification to a debtor or the custodian of a property of their obligation on storage and on liability for embezzlement, transfer or concealment of property, transferred for storage;
      9) notes and statements of a recoverer, a debtor, who were present at the inventory, and orders on them by enforcement agent.
      2. An inventory protocol and seizure of property shall be signed by enforcement agent and the individuals, involved in its drafting.
      Footnote. Article 67 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Paragraph 3. Assessment and storage of property

      Article 68. Assessment of property of a debtor

      1. The assessment of property of a debtor shall be carried out by enforcement agent, taking into account its market value and the actual depreciation. Provided that shall be taken into account the measurement contract, reached between a recoverer and debtor.
      If the assessment of individual items is difficult either a debtor or a recoverer are against conducted assessment by enforcement agent, enforcement agent shall appoint a specialist to determine the value of a property. A party of enforcement proceeding that is not agreed with assessment of experts shall have the right to appeal it within ten calendar days from the date of familiarization (receipt of copy, notification) in the manner, established by the civil procedural legislation of the Republic of Kazakhstan.
      In the case of disagreement with the conducted assessment the payment to the specialist on re-assessment the party of enforcement proceedings, which did not agree with the assessment shall carry out.
      Currency values, jewelry and other Articles of precious metals and precious stones, antiques, paintings and sculptures, securities, real property, shall be assessed with the mandatory participation of specialists.
      2. Copies of the order of enforcement agent on the appointment of a property assessment shall be sent to the parties of enforcement proceedings no later than the day following the day of its rendering.
      Footnote. Article 68 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 69. Storage of property

      1. Enforcement agent shall transfer seized property on the storage on the basis of the agreement of storage through obtaining from the custodian of custody receipt.
      2. Procedure and conditions of storage of the seized property shall be defined by the Civil Code and other legislative acts of the Republic of Kazakhstan.
      3. A custodian may use this property with the permission of enforcement agent, if according to the characteristics of properties, its usage shall not lead to the destruction of property or decrease of its value.
      4. A custodian, if such is not a debtor or his family member, shall receive remuneration for storage.
      5. A custodian shall be reimbursed the expenses, incurred by him for holding property less the actual benefits, obtained from the use of this property.
      6. Costs, incurred in connection with the storage of property shall relate to a cost of the enforcement procedures commission.

      Article 70. A liability of property custodian

      In the case of embezzlement, disposition or concealment of transferred on storage of seized property the custodian is responsible in accordance with the Laws of the Republic of Kazakhstan.

      Article 71. Storage of seized property from a debtor

      1. When withdrawing money from the debtor, securities, currency values, jewelry and other items made of precious metals, precious stones and pearls, and scratched items an enforcement agent shall make in two copies of the act of withdrawal.
      2. Seized from a debtor amounts of money, foreign currency, jewelry and other items of precious metals, precious stones and pearls, and metal junk shall be taken to enforcement agent for storage, which shall be carried out on a contractual basis to banks and institutions, carrying out certain types of banking operations.
      3. Seized from a debtor amounts of money, needed to repay the amount awarded to a recoverer and expenses on enforcement, within twenty-four hours shall be made by enforcement agent con the control cash account of the territorial body or the current account of a private enforcement agent. The order of recording, storage and payment of money from the cash control account of the territorial authority or the current account of a private enforcement agent shall be determined by the laws of the Republic of Kazakhstan.
      4. On the seizing of money from a debtor, except the act of seizure, a debtor shall receive a check, and the received money shall be paid on the cash control account of the territorial body or the current account of a private enforcement agent.

Chapter 8. ORDER OF REALIZATION OF DEBTOR’S PROPERTY

Paragraph 1. General rules of realization

      Article 72. Rotation of realization of a debtor's property

      On the levy execution of a debtor's property the realization of this property shall be carried out in the following order:
      1) first realized a debtor's property, which is not directly involved in the production, including financial credit documents, foreign currency, precious metals and precious stones, jewelry, passenger car traffic;
      2) second realized –finished products (goods) and other material valuables that are not directly involved, and are not intended for direct participation in the production;
      3) third realized - objects of immovable property, as well as raw materials and materials, machinery, equipment and other basic facilities, intended for direct participation in the production;
      4) fourth realized – a property, transferred to others on the contract of lease (property lease), loan, rental or other agreements.
      Footnote. Article 72 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 73. Features of registration of rights on immovable debtor's property for subsequent sale from auction

      1. In the case of levy execution on immovable property of a debtor, by which ownership (a right of economic management, a right of operational management) are not executed in accordance with the Laws of the Republic of Kazakhstan on state registration of rights on immovable property and transactions with it, as well as if there are absent or not complete work on the cadastral and technical recording (inventory) of a property unit, enforcement agent shall bring with representation before a court on imposing duties on a debtor to commit the specified actions and to submit documents on cadastral, technical recording of the rights on the immovable property.
      2. Costs of cadastral, technical recording and state registration of rights on the immovable property and transactions with it shall relate to expenses on enforcement procedures commission.

      Article 74. Realization of seized property

      Paragraph 1 shall be valid until 01.01.2015 in accordance with paragraph 3 of Article 174 of this Law.
      1. Realization of seized property, besides a property, seized under the Law of circulation, independent of the arrest grounds and types of property shall be carried out by enforcement agent through the trade organizations on a commission basis, as well as on the auction in the form of an auction.
      Bidding in an auction shall be carried out by a private enforcement agent independently, and state enforcement agent – through a specialized Trade Organization.
      Paragraph 2 shall be valid until 01.01.2015 in accordance with paragraph 3, Article 174 of this Law.
      2. Choice of realization form of a property shall be determined by enforcement agent, taking into account the type of property.
      Property with the cost of:
      to three hundred monthly calculation indices shall be sold on the commission, with the exception of immovable property;
      from three hundred to one thousand monthly calculation indices shall be sold in biddings in the form of auction.
      Property that is subject to state registration and (or) the cost of which exceeds one thousand monthly calculation indices shall be sold in electronic auction.
      3. A debtor after the imposition of an arrest by enforcement agent and assessment of a property and before the seizure or sale of a property with the written permission of enforcement agent and in a specified by him the period of time shall have the right to realize a property under arrest for cost not less than the appraised value.
      Getting by debtor permission on realization of a property is not the basis for the postponement of the enforcement procedures, including on putting a property up for bidding in the frameworks of enforcement proceedings. The arrest of a property shall be removed only after the signing by a debtor and buyer of the purchase agreement and payment by a buyer of entire purchase price of a property at the cash control account of the territorial body or the current account of a private enforcement agent.
      4. If at the time of rendering the decision on sale of seized property will be initiated proceedings on insolvency (bankruptcy) of the debtor, the disposition of the property shall be suspended pending consideration of this issue on the merits.
      5. The realization issues of seized property not adjusted by this Law shall be determined by rules, approved by authorized body.
      Footnote. Article 74 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 74-1. Accounting of arrested property by an enforcement agent

      An enforcement agent shall secure accounting of arrested property by automated information system of bodies of enforcement proceeding.
      Footnote. Chapter 8 is supplemented by Article 74-1 in accordance with the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

      Article 75. A realization of property, transferred to the State

      A property, seized on the basis of court verdict in a criminal case in the part of confiscation of property, or on the basis of a decision on transfer a property to the state, shall be realized or used in the order, established by the Government of the Republic of Kazakhstan.

      Article 76. Realization of values

      Seized from a debtor and transferred on storage in banks and institutions, carrying out certain types of bank operations, financial credit documents, foreign currency, jewelry and other Articles of precious metals, precious stones and pearls, as well as metal junk and antiques shall be realized in accordance with the rules, established by the Government of the Republic of Kazakhstan.

      Article 77. The order of realization of seized property

      1. On the transfer of property of a debtor on the realization enforcement agent shall render a decision.
      Paragraph 2 shall be valid until 01.01.2015 in accordance with paragraph 3, Article 174 of this Law.
      2. The realization of seized property of a debtor, except as provided in Articles 75 and 76 of this Law shall be carried out by way of sale in an auction.
      3. Perishable property shall be leased by an enforcement agent for sale under agreement of commission immediately after arrest and inventory, independently from expression of will of parties of enforcement proceeding.
      4. A transfer of the specialized organization of a debtor's property for the realization shall be carried out by enforcement agent according to the act of acceptance-transfer.
      5. If an expert gave a conclusion that the seized property is not valuable in the sale and is illiquid, this property shall not be transferred to the realization, and the previously imposed on it seizure shall be removed.
      6. At realization of uniform composition property it may be sold as a single lot.
      7. Enforcement agent shall realize only property, located on the territory of its enforcement district (enforcement department).
      8. A private enforcement agent shall sell immovable property at the place of its registration, and sell the other property at its location.
      Footnote. Article 77 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 78. Features of commission sale of the property

      1. Sale of seized movable property shall be carried out on a commission basis by putting a property on the open sale in a supply shop (trading platform) and ensure the possibility of its acquisition by the general public.
      2. A transfer on realization of a debtor’s property shall be carried out by the state enforcement agent under the act of acceptance-transfer on the basis of agreements, concluded between the territorial department with the organizations, engaged in commission sale. A private enforcement agent shall independently conclude agreements with the organizations, engaged in commission sale.
      3. If a debtor's assets are not be realized within one month from the date of its transfer on its realization by the organizations, referred to in paragraph 2 of this Article, enforcement agent shall carry out together with the representative of the commissioner the reevaluates of this property, but not less than fifty percent of the original price.
      On revaluation of a debtor’s property enforcement agent shall render a decision, which copy shall be directed not later than the day after the rendering to the parties of enforcement proceedings and to the organization, realizing this property.
      4. If a debtor's property not realized within one month from the date of the revaluation of property, enforcement agent shall offer a recoverer to retain the unsold property of a debtor himself at its value according to the latest estimate. On his decision a recoverer shall notify enforcement agent in writing within five days from receipt of this proposal.
      On the transfer of a debtor’s property to a recoverer enforcement agent shall render a decision. The transfer of a debtor’s property to a recoverer shall be carried out under the act of acceptance-transfer. A copy of a decision on the transfer of property shall be directed not later than the day after the rendering to the parties of enforcement proceedings.
      5. In the case of refusal of a recoverer from receipt of a property (including non-delivery of a response from a recoverer) it shall be returned to a debtor.
      6. A cost of a debtor’s property, transferred to a recoverer in accordance with paragraph 4 of this Article shall be counted toward the enforcement of a court order at a price, determined on the revaluation of property, about what enforcement agent shall make a relevant note in a court order.
      7. Amounts, received by trade from the realization of goods, shall be given for storage in the cash control account of the territorial body or the current account of a private enforcement agent in three days.
      Footnote. Article 78 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Paragraph 2. Features of the auction holding

      Article 79. Notice about oncoming auction

      1.On realization of a debtor's property at auction enforcement agent shall notify in periodicals, distributed in the relevant administrative -territorial unit, having a right to publish official reports, about oncoming auction no later than ten days before the auction in the Kazakh and Russian languages. The time and place of sale at auction in the form of an auction of mortgaged property enforcement agent shall notify the encumbrancer.
      2. On realization of a debtor's property at auction enforcement agent shall publish a list of a property on the Internet site of the authorized body.
      3. Parties of enforcement proceedings shall have the right at their own expense to publish the announcement of the auction in other media, previously a content of the announcement with enforcement agent.
      Footnote. Article 79 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 80. General terms of the auction holding

      1. Persons, wishing to participate in the auction shall be obliged to give an application to participate in the auction and sign a statement that there are no obstacles to their participation in it, and submit to the cash control account of the territorial body or the current account of a private enforcement agent in the amount of five percent of the evaluation of the original value of the property. Applications for participation in the auction by the organizer of the auction or private enforcement agent shall be finished one day before the start of the auction.
      Money, paid by the person, who won the auction, shall be paid towards the purchase price. Other participants in the auction shall receive their deposit within five days after the auction.
      2. Enforcement agents and judges, who rendered a decision on this enforcement proceedings, an adjuster, who estimated the seized property, as well as their close relatives, spouse (wife), a debtor and the person, involved in the inventory and seizure of property, may not take part in the auction.
      Footnote. Article 80 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 81. The order of auction holding

      1. Before the start of the auction participants shall present to the organizer of auction or a private enforcement agent identity documents for an individual or a certificate of state registration (re-registration) of the legal entity and a power of attorney of the representative. Copies of these documents shall be attached to the materials of enforcement proceedings.
      2. At the beginning of the auction an organizer of the auction or a private enforcement agent shall announce the name of a property being sold, the original price and the price change, which may not be less than one percent of the original price of the property.
      After that the organizer of the auction or a private enforcement agent shall ask the participants of the auction, who are willing to pay a higher cost than the original price of the property.
      3. An auction shall begin with specified in seizure act of the appraised value of a property. The increase of the purchase price shall be carried out through raising a card by the participant with its assigned registration number.
      4. After increasing the value of a property the organizer of the auction or a private enforcement agent shall report on increasing the value of a property and make a relevant note in the protocol of the auction with indication of data of participant, who raised the price.
      5. A subject of the auction is considered sold at the last price, offered by one of participants and declared by auction organizer or a private enforcement agent three times together. An auction winner is the participant, who offered the highest price, if after three-time announcement by the auction organizer or a private enforcement agent shall not receive other proposals on its improvement from other participants.
      6. A customer shall be obliged to contribute the whole sum for which he (she) bought the property within five business days after completion of auction, considering the guarantee fee, deposited before commencement of auction. In case of failure to deposit whole purchase sum by a customer in established term, the guarantee fee, deposited before commencement of auction shall not be returned to him (her) and shall enter into state income or income of a private enforcement agent. Guarantee fee shall not be returned in case, if it is established, that a customer was not entitled to participate in auction.
      Upon declaring a recoverer as winner of biddings and if a sum, for which the property is bought exceeds the sum of debt, a recoverer shall contribute the difference between sum of the debt and cost of sold property.
      7. In the case if a buyer of a property at the auction has not paid a purchase price within a period, specified in paragraph 6 of this Article, the second participant in auction shall be notified within three days by the auction organizer or a private enforcement agent about the right to file an application on acquisition a property of declared price by him at auction. The second participant shall have the right to file this application to the auction organizer or a private enforcement agent within five days of receipt of the notice. A purchase price shall be paid by the second member of auction within five days after receiving notice of the auction organizer or a private enforcement agent.
      8. An auction shall be terminated by the auction organizer or a private enforcement agent, if the revenue for the sold property has sum, sufficient to meet the requirements of a recoverer, for payment the expenses on compulsory enforcement, enforcement sanctions and payment for a private enforcement agent activity.
      Footnote. Article 81 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication)

      Article 82.Confirmation of auction results

      1. Enforcement agent shall prepare a protocol of auction, which shall include following information:
      1) date and place of the auction;
      2) surname, first name and patronymic of enforcement agent, drafting the protocol of the auction, indicating the enforcement department for a private enforcement agent;
      3) a court order and a protocol of inventory and seizure of a property on which basis the seizure of the property was made;
      4) a name and place of residence or, if necessary, the name and address of a debtor;
      5) surnames, names and places of residence or, if necessary, the name and location of the auction participants, indicating the documents confirming the credentials of the representatives;
      6) initial price of a property;
      7) amounts, offered by each participant;
      8) a description of the sold property on the auction and the sale price, offered by buyer;
      9) signatures of the auction organizer, enforcement agent, a buyer of a property, the auction participant, offered the second price after a buyer as well as a recoverer and a debtor, if they are present.
      2. One copy of a protocol of held auction shall be handed to a buyer after the payment of the cost of a purchased property, another copy of the protocol shall be remained for enforcement agent, in which enforcement a court order is.
      Footnote. Article 82 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 83. Transfer of ownership of property to a debtor of auction results

      According to auction results after the payment of cost of the acquired property shall be concluded a purchase agreement with a buyer of a property on the auction.
      This agreement is the basis for the registration of ownership by a buyer (transfer of ownership) on the received property by him in the government bodies.
      Footnote. Article 83 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 84. Announcement of e auction as failed

      1. Enforcement agent shall announce auction as failed if:
      1) there is absence of application or only one application for participation in biddings is filed or there are less than two customers in auction;
      2) no one of coming buyers shall make an additional charge to the initial assessment of the property;
      3) a buyer within a specified period doesn’t make full purchase price of a property, and the second buyer, offering the highest purchase price doesn’t use its right to purchase a property;
      4) the second auction participant in the cases, provided for in paragraph 7 of the Article 81 of this Law, has not made his declared purchase price within ten days.
      On recognition of the auction as failed enforcement agent shall render a decision.
      2. If auction is failed, the deposit shall be returned to persons, who have made it, except the case, provided in subparagraph 3) of paragraph 1 of this Article.
      Footnote. Article 84 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 85. Consequences of announcement of the auction as failed

      1. In the case of announcement the auction as failed a recoverer shall have the right to retain a property at a price, discounted by twenty percent of the original estimate.
      2. Upon transfer of property to a recoverer, he (she) shall compensate the sum of expenses on commission of enforcement procedures and amount of payment of activity of a private enforcement agent from the costs of received property, in proportion to transferred value of property. This sum shall be subject to recovery from a debtor in the following.
      3. In the cases of recognition of the auction as failed and a refusal of a recoverer to retain a property enforcement agent with the compliance of rules, established by this Law shall assign re-auction. In this case, the initial price of realized property shall fall with the announced move before the moment when one of the participants shall agree to buy a property at the announced price, which shall not be less than fifty percent of the initial cost of a property put up for auction.
      3. In case if during repeating of number of a participant by an auctioneer, the other participant (participants) holds up a number, the continuation of biddings on this board lot shall be carried out with transfer to incensement.
      5. In case of declaring the repeated auction as invalid, the property shall be suggested at the price, reduced to twenty percent from the initial price (assessment). In refuse of a recoverer from receiving the property, an enforcement agent in case of absence of another property of a debtor shall take measures on its revaluation and following selling.
      Footnote. Article 85 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Paragraph 3. Features of execution levy on debtor indebtedness and property rights

      Article 86. Levy execution on debtor indebtedness

      1. Foreclosure of the receivables is to move to the right of the debtor to the collector collection of receivables in the amount of indebtedness, determined in accordance with paragraph 5 of Article 55 of this Law, but not more than the amount of a debtor indebtedness that existed on the date of levy execution, and under the same conditions.
      2. Levy execution on debtor indebtedness shall be carried out:
      1) in the presence of the consent of a recoverer - by making (transfer) by the of a debtor indebtedness on the control account cash of territorial body or the current account of a private enforcement agent;
      2) in the absence of the consent of a recoverer or non-payment (failure to deliver) by a debtor of the on debtor indebtedness to cash control account of the territorial body or the current account of a private enforcement agent - through the sale of on debtor indebtedness from trading.
      3. Collection on debtor indebtedness shall not be applied in the cases when:
      1) a limitation period for its collection is expired;
      2) an obligor is located in a foreign country with which the Republic of Kazakhstan did not conclude the agreement on legal assistance;
      3) an obligor is in the process of liquidation;
      4) an obligor has terminated his activity as a legal entity and is excluded from the state register of legal entities;
      5) in respect of the obligor was introduced the bankruptcy proceedings.
      4. For levy execution on debtor indebtedness, an enforcement agent shall direct a resolution in levy execution on debtor indebtedness in which he (she) specifies the procedure for contribution (transfer) of money by an obligor in control account of cash holdings of territorial body or current account of a private enforcement agent.
      Resolution on levy execution to debtor indebtedness shall be referred to obligor and parties of enforcement proceeding.
      5. A decision of enforcement agent, rendered on the basis of a court ruling, shall hold the obligor to fulfill the corresponding obligation by depositing (transfer) of money for a cash control account of the territorial body or cash current account of a private enforcement agent, and shall prohibit the obligor to modify the legal relationship on the basis of a debtor indebtedness was created.
      6. From the date of receipt of a decision of enforcement agent by the obligor on levy execution on a debtor indebtedness the enforcement by the obligor of a relevant obligation shall be carried out by depositing (transfer) money to the specified in a decision cash control account of the territorial body or cash current account of a private enforcement agent. Such enforcement of the obligation of the obligor shall be considered the enforcement to the applicable creancor. Debtor's rights in relation to a debtor shall not be changed.
      7. An obligor is required to inform enforcement agent and debtor immediately and on the deposit (transfer) of money to the cash control account of the territorial body or the current account of a private enforcement agent.
      Footnote. Article 86 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 87. Identification of debtor indebtedness of legal and individual persons, engaged in entrepreneurial activity without a formation of a legal entity

      1. To identify a debtor indebtedness of legal and individual persons, engaged in entrepreneurial activity without a formation of a legal entity, enforcement agent shall have the right to request the necessary accounting documents of legal persons and individuals, engaged in entrepreneurial activity.
      2. An enforcement agent shall have the right to ask for information about a debtor indebtedness to the tax bodies.
      3. Tax bodies, legal persons and individuals, engaged in entrepreneurial activity without a forming of a legal entity must within three days to give enforcement agent necessary documents and information.
      4. Identification of debtor indebtedness may be carried out by expert. Costs for professional expert services shall be included in costs, incurred on commission of the enforcement procedures.
      5. A collection may not be addressed to the demand for payment of the amounts, specified in Article 98 of this Law.
      Footnote. Article 87 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 88. Agreements to exclude or limit the rules on levy execution on monetary claim

      1. The rules, established in Article 87 of this Law may not be excluded or limited by agreement between a debtor and recoverer.
      2. On the monetary claim may be made levy execution, even if between a debtor in enforcement proceedings and the person, who is required to pay him the money because of civil liability (obligor of a debtor), there is an agreement on prohibition or restriction of assignment of this claim.
      This provision does not relieve a debtor in enforcement proceedings from the liability before his contracting party for loss.

      Article 89. The order of arrestment on monetary claim

      1. On arrestment on the monetary claim enforcement agent shall inform the obligor of a debtor and a debtor on arrestment and prohibit the obligor of a debtor to pay a debtor and to a debtor– to manage by requirement and ensure his mortgage, and to take payment on demand, unless otherwise not established by this Law.
      The arrestment is recognized as imposing from the time of receipt by the obligor of a debtor a decision on arrestment, which was directed him by enforcement agent.
      2. If payment on the enforcement of obligations was imposed on the third party, then a decision on arrestment shall be directed to that person too.
      The arrestment is considered as imposing from the moment of receipt by the obligor of a debtor a decision of enforcement agent on arrestment and prohibition of payment to a debtor.

      Article 90. The scope of recoverer`s rights to arrest money requirements

      Enforcement agent shall have the right with the consent of a recoverer and debtor to oblige the obligor of a debtor to fulfill the obligation before a recoverer in the amount, indicated in a court order. In this case a recoverer receives the rights of a debtor, which he had before the obligor of a debtor, within the specified limits.

      Article 91. Debtor's duty to provide information

      1. Enforcement agent at the request of a recoverer or on its own initiative on the arrestment of monetary claim in a decision may offer to the obligor of a debtor to relate about the nature and content of arrested claims.
      An obligor of a debtor shall be obliged to response in written to enforcement agent within three days of receiving the decision. The expenses of the obligor of a debtor to provide information shall be reimbursed by a debtor.
      2. An obligor of a debtor is liable before a recoverer for the losses, incurred by the latter as a result of failure to relate, providing willful false or incomplete information. The presence of the liability of the obligor of a debtor shall be prevented in a decision on arrestment or request for information.
      3. Enforcement agent must notify a recoverer about the information, submitted by the obligor of a debtor.
      4. Enforcement agent, taking into account the obtained information shall direct to the obligor of a debtor decision on payment under arresting claim.

      Article 92. Ensuring the enforcement of obligation by a debtor before a debtor - third person

      1. If the enforcement by the obligor of a debtor is based on transfer of his item, and the item is in the possession of a debtor, the latter at the request of enforcement agent and a recoverer shall be obliged to give the item for transfer it to the obligor of a debtor.
      2. A recoverer shall have the right to seize a court with the claim of seizure of this item from a debtor, if there is already a court decision, confirming a debtor's obligation to transfer the item in exchange of the enforcement of obligation by the obligor of a debtor pursuant to a debtor, or if such obligation shall be proved by the interested persons. The issue on satisfying the requirements of a recoverer or the authorized person shall be permitted by a court with the participation of a debtor.

Chapter 9. LEVY EXECUTION ON MONEY OF A DEBTOR

Paragraph 1. Levy execution on money and other types of income of a debtor

      Article 93. Levy execution on job wage and other types of income of a debtor

      1. A collection on job wage and other types of income of a debtor shall be levied on the enforcement of decisions on collection of periodic payments, on the collection of amount not exceeding the amount of the minimum wage, as well as other collection in the absence of a debtor's property or insufficiency of a property for full repayment of the collected amounts.
      2. On levy execution on job wage and other types of income of a debtor enforcement agent taking into account of requirements of this Law shall render a decision, which indicates what extent shall be made a deduction monthly until the full collection of awarded sums, and shall direct along with a copy of a court order, affixed with the seal of the territorial department or a private enforcement agent for the enforcement to the employer, with whom a debtor has an employment relationship or receives a remuneration.
      3. Enforcement agent shall be obliged to monitor the accuracy and timeliness of the enforcement on deduction from wages and other income of a debtor, as well as the timely transfer of withheld amounts to a recoverer.
      4. On dismissal of a debtor the employer, with whom he was in the employment relationships, shall within three days to direct a notice to enforcement agent.
      Footnote. Article 93 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 94. Calculation of deduction amounts from job wages and other types of income of a debtor

      A deduction amount shall be calculated from the amount of job wages (income) of a debtor, due him to the receipt.

      Article 95. Deduction amount from job wages and other types of income of a debtor

      1. On the levy execution on the job wages or other types of income of a debtor in one or more court orders for a debtor should be kept at least fifty percent of the job wage or other income.
      2. Is excluded by the Law of the Republic of Kazakhstan dated 27.04.2012 No. 15 -V (shall be enforced upon expire of ten calendar days after its first official publication.)
      Footnote. Article 95, as amended by the Law of the Republic of Kazakhstan dated 27.04.2012 No. 15 -V (shall be enforced upon expire of ten calendar days after its first official publication.)

      Article 96. Levy execution on job wage of a debtor, service a sentence

      1. A collection on court orders from persons, serving a corrective labour, shall be carried out from the total amount of wage, excluding deductions made under the sentence or a court ruling.
      2. A collection from persons suffering from alcoholism, drug addiction and toxicomania, treated in medical and preventive treatment facilities of Health Care Service shall be carried out in accordance with the laws of the Republic of Kazakhstan.
      3. In the case of the malicious evasion by the convicted in payment of a fine, imposed as the main form of punishment, enforcement agent shall have the right to refer to the court, rendered the sentence, the presentation of replacing the unpaid amount of the fine to the other punishment in accordance with the criminal legislation of the Republic of Kazakhstan.

      Article 97. Levy execution on insurance benefit

      On insurance benefit, paid on temporary incapacity to labour, as well as on scholarships for students and collection unemployment compensation may be levied with a court decision on recovery of alimony and compensation for harm, caused by maim or other injury to health, as well as the death of a breadwinner.

      Article 98. Amount of money which may not be levied execution

      The collection may not be levied on:
      1) the amounts, received by a debtor in respect of compensation for harm, caused by maim or other injury to health, and the death of a breadwinner;
      2) amounts, received by a debtor in the form of family allowance for the loss of breadwinner;
      3) amounts, received by a debtor in the form of family allowance for disabled children;
      4) insured amounts and lump-sum benefits, paid to persons in receipt of maim (injury, trauma, concussion) during the performance of their duties and paid to the family members in relation with their death (death);
      5) benefits for the birth of a child, benefit for entertainment of children of minority age, as well as benefits, paid to pensioners and disabled people of I group;
      6) amounts, paid to complainants for supplemental feeding, health resort treatment and prosthetics and on the costs of caring for them in case of causing harm by maim or other injury to health;
      7) compensation for work in hazardous or extreme conditions, as well as the amount of money, paid to citizens, injured from the environmental disasters or radiation on liquidation of consequences of natural and anthropogenic emergencies;
      8) material assistance, carrying one-time nature, regardless of the payment source;
      9) funeral grant;
      10) special public relief;
      11) social benefit for loss of income due to pregnancy and childbirth, adoption of a newborn child(ren) in connection with the care of a child upon reaching him the age of one year;
      12) alimony for children of minor age;
      13) pension assets;
      14) pension savings accounts by the depositor ( recipient).
      Footnote. Article 98, as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15 -V (shall be enforced upon expire of ten calendar days after its first official publication), dated 21.06.2013 No 106 -V (shall be enforced upon expire of ten calendar days after its first official publication).

Paragraph 2. Peculiarities of enforcement documents on recovery of alimony

      Article 99. Procedure of recovery of alimony in the absence of a debtor's salary

      1. Upon impossibility of recovery of alimentary payments from salary or other incomes during three months by the enforcement agent the measures of ensuring of execution of enforcement document shall be taken in accordance with Article 32 of this Law and levy a recovery for the property of a debtor, except of a property, on which a recovery may be levied in accordance with Article 61 of this Law.
      An enforcement agent shall introduce the resolution on levy of execution on a property.
      1-1. Taken measures of ensuring execution of enforcement documents shall subject to cancel upon extinguishment of debt.
      2. Amount of indebtedness of alimony shall be determined by enforcement agent at the place of the enforcement on the basis of the actual wage (income), received by a debtor during the time for which the collection was not made, or received him at the time of determining the indebtedness by a choice of a recoverer.
      3. In case if a debtor is not worked in this period or the document, confirming his (her) earnings and other income, are not presented, the maintenance debt shall be determined on the basis of amount of average monthly wages in the Republic of Kazakhstan of the date of recovery of a debt.
      4. In the case of the formation of alimony indebtedness as a result of a debtor's delinquency in payment by a debtor in the amount of indebtedness shall be calculated a penalty in accordance with Article 353 of the Civil Code of the Republic of Kazakhstan.
      Footnote. Article 99 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 100. Data on place of employment and income of a debtor

      Citizens and officials of the organizations with which a debtor has an employment relationship or of which he has an income shall be obliged in the designated period by enforcement agent to submit a reliable information about the place of employment of a debtor and his or her income, enforcement of deductions in accordance with a court order and transfer of collected sum to a recoverer, upon the levy execution on amounts of money and property of a debtor, and on the dismissal of a debtor, about his new place of employment or residence, if they do not know about it. Non-fulfillment of these requirements of enforcement agent shall entail an administrative liability.
      Footnote. Article 100 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 101. A procedure of debt collection on alimony payments

      1. A debt recovery on all alimony payments shall be carried out from job wages and other income of the maintenance creditor.
      2. A decision of enforcement agent of the determining of a debt may be challenged or appealed in the established order by the Law.

      Article 102. Control over the correctness of deductions from the job wages

      An enforcement agent shall carry out control for correctness and timeliness of proceedings of deduction from salary and other incomes of a debtor and transmission of withheld amounts to the recoverer in any time on approach of recoverer (legal representative), but not more than once a quarter.
      Footnote. Article 102 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 103. Recovery of alimony on departure of a debtor on the domicile or on work and for passing the military service abroad

      A procedure recovery of alimony from a debtor on departure of a debtor on the domicile or on work and for passing the military service abroad shall be determined by the legislation of the Republic of Kazakhstan and international treaties.

Chapter 10. THE ENFORCEMENT OF COURT ORDERS OF NON-PROPERTY NATURE

      Article 104. The enforcement procedure and consequences of non-fulfillment of a court order, which obliges a debtor to commit certain actions or to refrain from their commitment

      1. On the enforcement of a court order, which obliges a debtor to commit actions that may be committed only by himself, or to refrain from their commitment, enforcement agent shall send to a debtor a notice on commitment of such actions, where shall be determined a term, on the notice on necessity to refrain from their commitment.
      2. In the case of non-fulfillment by a debtor of claims of enforcement agent in the designated period enforcement agent shall seize a court with the presentation on recovery of penalty from a debtor to the income of the state in the amount of five monthly calculation indexes from the individuals and ten monthly calculation indexes from the legal entities for each day of delay.
      3. In the case of non-fulfillment by a debtor claims of enforcement agent in the designated period and if for the enforcement of a court order, which obliges a debtor to commit certain actions, the participation of a debtor is not necessarily and these actions may make a recoverer, enforcement agent shall organize the enforcement of a court order by a recoverer in accordance with the rights, granted to him by this Law.

      Article 105. Enforcement procedure and consequences of non-fulfillment of a court order on reinstatement in employment

      1. In the case of non- fulfillment of a court order by the head of the organization (employer) for reinstatement in employment enforcement agent shall seize a court with the presentation on rendering a decision on the payment of an average employee salary or wage differences for all time from the date of a decision rendering on reinstatement of the employee on the day of its enforcement, as well as the recovery from the head of the organization (employer) of penalties to the state income in the amount of five monthly calculation indexes from individuals and ten monthly calculation indexes from legal entities for each day of delay.
      2. Enforcement of decision on reinstatement shall be considered complete from the moment of the actual permission of unlawfully dismissed or transferred employee to the enforcement of former duties, following after the publication of act of the employer to cancel their illegal act of dismission or transfer.

      Article 106. Enforcement of court order on ejectment of a debtor

      1. In the case of non-fulfillment of a court order on ejectment of a debtor within the period, established by enforcement agent, the ejectment shall be carried out compulsorily in the presence of witnesses.
      2. Enforcement agent shall formally notify a debtor about the time of the ejectment. The absence of a debtor, who has been duly notified of the ejectment time, is not an obstacle for the enforcement of court order.
      The ejectment is a release of the premises, specified in a court order from the evicted, his (their) property, pets and prohibition to the evicted to use vacating the premises.
      3. At enforcement of ejectment shall be made an inventory of a property from the vacated premises and, where necessary, shall be ensured its storage with the laying of incurred expenses on a debtor. Storage of a debtor's property shall be carried out in a period not exceeding two months, after which the specified property shall be realized in the order, prescribed in this Law.
      4. Money, realized from the sale of a debtor’s property and the remaining after compensation of expenses on the enforcement of enforcement sanction and payment for activity of a private enforcement agent shall be returned to a debtor. Not claimed by the debtor money is stored in the control account cash of territorial authority or current account of a private enforcement agent. Upon the expiry of three years the specified money shall be transferred to the republican budget.
      5. In the case of non-realization of a property it must be destroyed in the presence of witnesses. An enforcement agent shall make an act of destruction of the property, which is signed by him and witnesses. The act, made by the state enforcement agent, is subject to confirmation by the head of the territorial body.
      Footnote. Article 106 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 107. Enforcement of a court order on taking up residence of recoverer

      1. An enforcement agent shall ensure the taking-up residence in the specified in a court order premises.
      An enforcement agent shall officially notify a recoverer and debtor about the time of taking-up residence. The absence of a debtor, who has been duly notified of the time of the taking-up residence, is not an obstacle for the enforcement of a court order.
      2. The taking-up residence of a recoverer shall be drawn by act and enforced in the presence of witnesses.

Chapter 11. DISTRIBUTION OF COLLECTED AMOUNTS BETWEEN A RECOVERERS

      Footnote. Title of chapter 11 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 108. Distribution of collected amounts

      1. From the amounts, collected by the state enforcement agent from a debtor, first shall be repaid fines, imposed on a debtor in the course of the enforcement of court order, after which shall be covered the costs of the enforcement, the remaining amount goes to the satisfaction of claimants.
      From the amount, collected by a private enforcement agent from a debtor, first shall be paid amounts on penalties, imposed on a debtor in the course of the enforcement of court order, and then shall be paid the amounts on payment of a private enforcement agent services and the expenses on the enforcement, the rest amount shall serve on the satisfaction of a recoverer’s claims.
      The amount, remaining after satisfaction of all claims, shall be returned to a debtor.
      2. The amounts, collected from a debtor to transferred to a recoverers, shall be paid by enforcement agent on cash control account of territorial body or the current account of a private enforcement agent and then shall be issued or transferred in accordance with the legislation of the Republic of Kazakhstan.
      Footnote. Article 108 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 109. Joining to the recovery

      Initiated in relation to the one debtor, several enforcement proceedings, as well as initiated in relation of several debtors, enforcement proceedings on solidary recovery may be jointed to the recovery by the enforcement agent.
      Footnote. Article 109 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 110. Priorities of discharge of claims of recoverers

      1. In the case of insufficiency of collected amount from a debtor for discharge of claims on court orders, this amount shall be admeasured between recoverers in the order of priority, established by this Law.
      2. The claims of each subsequent priority shall be discharged after the full repayment of the claims of the previous priority. On insufficiency of the collected amount for full discharge of claims of a single priority, these claims shall be discharged in proportion to the amount due to each recoverer’s amount.

      Article 111. Recovery of the first priority

      First of all shall be discharged the claims for alimony; claims for compensation for damage caused by injury or other injury to health, as well as in connection with the death of the breadwinner; employees' claims, subsequent upon the employment relationship.

      Article 112. Subsequent recovery

      1. In the second priority shall be discharged the claims for payment of remuneration due to authors for the use of the creation, invention, utility model, industrial design for which were granted patents; the claims of citizens for damages caused to their property by a crime or administrative offense.
      2. In the third priority shall be discharged the claims of creancors under the obligations, ensured by mortgage, including the remuneration (interest ), compensation of losses, caused by the delay in performance, a penalty (fine, penalty), the necessary costs of maintenance of the mortgaged property, as well as compensation of expenses of the encumbrancer on collection.
      3. In the fourth priority shall be discharged the claims for taxes and other obligatory payments to the budget, claims of legal persons on compensation of damage, caused by a crime or administrative offense.
      4. In the fifth priority shall be discharged all other claims.

Chapter 12. EXPENSES ON THE COMMISSION OF ENFORCEMENT PROCEDURES AND PROCEDURE FOR THEIR COMPENSATION

Paragraph 1. General Provisions

      Article 113. The expenses on the commission of enforcement procedures

      1. The expenses on commission of enforcement procedures are spent for their organization and conducting of budgetary funds, funds of parties of enforcement proceedings, other persons and organizations, involved by enforcement agent in the process of enforcement.
      2. To costs for the commission of the enforcement procedures shall be included the spent money on:
      1) identification, inspection, extent of a debtor’s property;
      2) organization and conducting of the inventory and seizure of a debtor's property, transportation and storage of such property;
      3) organization of realization of the seized property;
      4) payment of interpreters’ services, experts and other persons, involved in the commission in the established order of the enforcement procedures;
      5) transfer (sending) by post of collected amounts to a recoverer;
      6) bank charges, associated with the issuance of collected amounts from the cash control account and current accounts;
      7) a detection of a debtor;
      8) the advance payment of a recoverer;
      9) a travel of enforcement agent on the commission of the enforcement procedures on all forms of public transport - urban, suburban and local posts (except taxis),including business trip expenses of enforcement agents;
      10) any other necessary actions in the enforcement of a court order;
      11)other remuneration to the persons, engaged by enforcement agent in enforcement proceedings.

      Article 114. Procedure for compensation of expenses on commission of enforcement procedures

      1. The costs of the commission of executive actions shall be recovered from the debtor for the benefit of persons or entities who have suffered these costs.
      2. Upon the termination of the enforcement proceedings in view of the abolition of the act abatement on the basis of which a court order was issued, the expenses on the commission of the enforcement procedures shall be reimbursed at the expense of republican budget.
      3. On the termination of enforcement proceedings because of unjustified refusal of a recoverer from the receipt of items, seized from a debtor on the enforcement of a court order on transfer them to a recoverer, and the return of a court order to a recoverer, if he by his action or inaction prevented the enforcement, the expenses on the enforcement of enforcement procedures shall be collected from a recoverer.
      4. Collection of the expenses on the commission of the enforcement procedures and their compensation to the body or person, who suffered the expenses shall be carried out on the basis of a decision of the state enforcement agent, confirmed by the head of the territorial body, or regulation of a private enforcement agent and documents, confirming incurred expenses.
      5. A debtor shall have the right to seize a court with the statement to challenge a decision of enforcement agent on collection of expenses on enforcement actions by the commission with a claim for deferment or installment of their recovery, to reduce their size or exemption from punishment.
      6. Calculation methodology of expenses on enforcement proceedings shall be confirmed by the authorized body.
      Footnote. Article 114 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 115. Advancing of expenses by a recoverer

      In order to ensure the enforcement of a court orders a recoverer shall have the right to make an advance payment, which should be recognized as an expense for the commission of the enforcement procedures on cash control account of the territorial body or current account of a private enforcement agent in an amount, sufficient for enforcement of the relevant expenses.

Paragraph 2. A procedure of determining and compensation of the expenses for private enforcement agents

      Article 116. Financing of activity on the enforcement of court orders by a private enforcement agent

      1. A private enforcement agent shall finance his activity on a stand-alone basis.
      2. From the received money as a payment for their activity a private enforcement agent shall carry out mandatory payments to pay the expenses on acquisition (lease) of an office, its maintenance, equipment, repair and protection, on creation of workplaces and payment of staff salaries, purchase of equipment necessary for the office operation, mandatory insurance of civil liability, the payment of taxes and other obligatory payments, the ensuring of preservation of the archive offices, mandatory payments for the maintenance of the Republican board of a private enforcement agents and regional board of a private enforcement agents on the target program for the development of private enforcement activity, as well as shall compensate the other expenses, related with the organizational and economic, transport and technical support of their activity. The remaining funds shall be at the disposal of a private enforcement agent and shall be spent at his discretion.
      3. The payment of a private enforcement agent shall be taken into account the need for self-financing of their activities.

      Article 117. Payment of a private enforcement agent’s activity

      Footnote. Article 117 is excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 118. Rules of determining the size of payment of a private enforcement agent activity

      1. The payment of activity of a private enforcement agent shall be effected at the expense of recovered from a debtor, and established in the amount from three to twenty-five percent with recovered amount or value of the property. On enforcement documents of non-property nature the payment of activity of a private enforcement agent shall be established in monthly calculation index.
      2. The payment of activity of a private enforcement agent shall be effected only in the case of full or part execution of enforcement document. If an enforcement document of property nature is partly executed, only the part of payment of its activity, proportionally recovered to the sum or value of the property shall be paid to the private enforcement agent.
      3. A private enforcement agent shall have the right to recover the sums for payment of its services only in the amounts and procedure, established by the regulatory legal acts. To the private enforcement agent shall be prohibited to change the established amounts of sums of payment of its activity.
      4. Amount of payment of activity of a private enforcement agent shall be confirmed by the Government of the Republic of Kazakhstan on presentation of the authorized body.
      5. Benefits for recoverer – individuals and legal entities, provided by the legislation of the Republic of Kazakhstan, shall be distributed on these persons upon commission of enforcement procedures.
      Footnote. Article 118 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 119. Prepayment of charges of private enforcement agent

      1. Prior to the initiation of enforcement proceedings, an execution creditor, at the direction of a private enforcement agent shall be obliged to pay the sum in, necessary for the implementation of enforcement procedures, determined in accordance with established tariffs. On the institution of enforcement procedures, a private enforcement agent may assign a later date for the introduction of the sum to the execution creditor.
      If an enforcement procedure is initiated by a private enforcement agent and a later date for introduction a sum ahead is appointed, necessary for the implementation of enforcement procedures, in case of failure to pay by the deadline, he may suspend the enforcement procedure.
      If, during enforcement proceedings, contributed to the current account, funds are insufficient for further enforcement, an execution creditor shall be obliged to pay an additional sum in the current account at the direction of a private enforcement agent.
      2. From introduction of advance amounts, necessary for the exercise of enforcement procedures, execution creditors are exempted, who are:
      1) individuals, representing the executive document for execution, issued by a court decision on the case in which a person has been granted a legal assistance for free of charge or have been released from payment of the fee in accordance with the Code of the Republic of Kazakhstan " On taxes and other obligatory payments to the budget " (Tax Code);
      2) individuals, representing the performance of court order, issued against a decision in criminal proceedings, which was granted on a claim for damages, caused by the offense;
      2-1) state bodies on recovery in profit of the state;
      3) on the executive documents, issued by domestic courts for alimony.
      3. A private enforcement agent returns the paid-in amount in advance to the execution creditor for the implementation of enforcement procedures, if it has been collected from the debtor.
      4. Conditions of advancing, provided by this Article, shall be regulated on the ground of agreement (contract), concluded between a private enforcement agent and recoverer in accordance with paragraph 4 of Article 37 of this Law.
      Footnote. Article 119 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 120. Procedure for recovery of sums of payment by a private enforcement agent from a debtor

      1. If in the course of execution of activity of a private enforcement agent the payment is not effected, expenses on execution are not recovered, advance installments, incurred by recoverer, a private enforcement agent shall introduce and direct the resolutions to a debtor, specified in subparagraphs 9) and 10) of paragraph 1 of Article 9 of this Law.
      2. Execution of enforcement document shall not release from payment of a debtor of incurred expenses in fact on execution and payment of activity of a private enforcement agent, if it is executed after presentation its in enforcement.
      3. Execution of enforcement document by a debtor, go over the heads of a private enforcement agent, shall not release from payment in fact on execution and payment of activity of a private enforcement agent.
      Footnote. Article 120 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 121. Refund of payment of a private enforcement agent

      In case of recognition of the acts by the court, performed by a private enforcement agent on collection or determination of the amount as illegal, a private enforcement agent shall return the received unreasonable amounts to the person from whom they have been recovered or by whom they have been paid within ten days of the order of enforcement of a judicial act.

Paragraph 3. Cash control of account of the territorial authority and current account of a private enforcement agent

      Article 122. Cash control of account of the territorial authority and current account of a private enforcement agent

      1. For temporary storage of amounts, collected from debtors and other amounts intended for interested parties, including the advance amounts for the reimbursing of expenses under the execution:
      1) the territorial agency opens control accounts for cash of temporary placement of money in local and foreign currencies in the central authorized body for budget execution;
      2) a private enforcement agent shall have a current account in national and foreign currency.
      2. The list of banks in which a private enforcement agent s opens current accounts shall be defined by territorial authority in conjunction with the board of private enforcement agents.
      Banks may not perform any operations with funds on current accounts without a permission of a private enforcement agent.
      3. Money held in control accounts and cash accounts are not a means of territorial authority and the income of a private enforcement agent. In case of death of a private enforcement agent, money held in a current account, are not included in the succession mass.
      4. For doing calculations on the content of the office, the payment of staff salaries and other office operations, not covered by the current account, a private enforcement agent shall open an account in his name in banks and organizations, engaged in certain types of banking operations.
      Footnote. Article 122 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 123. Accounting records of accounts for control of cash temporary accommodation of money and the current account

      1. Territorial authority record amounts of cash balances in the control of temporary placement of funds in national and foreign currencies and shall be conducted in accordance with the budget legislation of the Republic of Kazakhstan.
      2. A book of records for sums on the current amount is conducted by a private enforcement agent (hereinafter - the deposit book).
      The order of conduct of business deposit book is set by the authority.
      3. Unclaimed funds, held on the control account of cash of territorial body, current accounts of a private enforcement agent, collecting from a debtor, and other sums, intended for interested persons, as well as advance sums on compensation of expenses, upon expire of five years from the date of transfer on the control account, the cash or current accounts of a private enforcement agent shall be transferred in the republican budget on the grounds of judicial act on presentation of territorial body.
      Footnote. Article 123 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 13. PERFORMING SANCTION. RESPONSIBILITY FOR VIOLATION OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON EXECUTIVE PRODUCTION

      Footnote. Title of chapter 13 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 124. The performing sanction

      1. A state enforcement agent after full implementation of the court order provides a debtor to pay voluntarily a performing sanction to the state in the amount of ten percent of the collected sum or value of the property or ten monthly estimates from individuals and twenty- MCI from legal entities on non-property court orders.
      In case of refuse by the debtor, a state enforcement agent shall recover the performing sanction on the basis of the judgment on sanction of performing penalties from the debtor.
      The performing sanction shall not be collected in the following cases, if:
      1) a debtor executed an enforcement document to the full extent before presentation of enforcement document to the enforcement;
      2) a performing sanction, liable to penalty at the rate of ten per cent of the court order of execution to recovering the amounts of less than one monthly indices;
      3) a debtor is the state.
      2. The performing sanction is transferred to the state budget.
      3. A debtor may apply to the court to challenge the decision, made by the enforcement agent for the recovery of executive sanction, with a claim for deferment or installment of its recovery, to reduce its size or exemption from punishment of performing sanction.
      Footnote. Article 124 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 125. Liability of a debtor for failure of enforcement documents

      Footnote. Article 125 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. For non-performance of the court order, a debtor may be subject to administrative or criminal liability.
      2. The prosecution of a debtor shall not exempt him from the obligation to perform a document, provided by the enforcement action.
      3. In case of untimely execution of requirements of enforcement document of property nature by a debtor, an enforcement agent from the date of termination of enforcement proceedings shall be applied with production in court on recovery of a fine from a debtor to income of recoverer in amount of 0,1 percent from the sum of recovery or value of a property, referable for each day of arrear from the moment of institute enforcement proceedings.
      Footnote. Article 124 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

SECTION 3. LEGAL STATUS OF ENFORCEMENT AGENTS

Chapter 14. BASIS OF THE LEGAL STATUS OF ENFORCEMENT AGENTS IN THE REPUBLIC OF KAZAKHSTAN

      Article 126. The rights and duties of the enforcement agent in the commission of enforcement procedures

      1. The enforcement agent in the manner prescribed by law has the right to:
      1) make resolutions on matters, relating to enforcement;
      2) draw up reports on administrative offenses (with the exception of a private enforcement agent );
      3) receive the necessary information, explanations and information on the issues arising during the enforcement procedure voluntarily, in compliance with established laws of the Republic of Kazakhstan to disclosure of information constituting commercial, banking and other secrets, protected by law. The individuals and legal entities are required to provide them to the enforcement agent immediately, and in cases requiring treatment, preparation of special documents not later than three days;
      3-1) detect existence of enforcement proceedings of other enforcement agents;
      4) apply to a court or other authorities that issued a court order, for an explanation in the case of uncertainty, the court orders on the basis of which the enforcement procedures are performed;
      5) make representations to the court on issues, raised in the commission of enforcement procedures, including the subject of grace, installment performance, changes in the method and order of execution, as well as the investigation of a debtor under the court orders;
      6) summon citizens and officials in the court orders which are processed;
      7) conduct in organizations of all forms of ownership, verification of performance of court orders and documentation on them;
      8) give instructions to the participants of the enforcement proceedings on the commission of specific enforcement procedures;
      9) enter premises and storage, occupied or owned by the debtors, as well as others in the presence of evidence to support their finding property, belonging to the debtor. If necessary, open spaces and storages are forced to open without the participation of the debtor, to make inspections in the presence of witnesses;
      10) be accepted without undue delay by the heads and other officials of state bodies, organizations, on issues related to the execution of court orders;
      11) seize debtors' money in banks and securities in the manner provided in this Law;
      12) temporarily seize a property to determine its accessories with the rules provided for in paragraph 1 of Article 63 of this Law;
      13) withdraw, transfer to storage and sell a seized property;
      14) use premises of the organizations to store a seized property, the creditor and a debtor trucks for transportation of property in accordance with the laws of the Republic of Kazakhstan;
      15) involve employees or departments of internal affairs for the enforcement of court orders where necessary;
      16 ) submit a prosecuting idea of bringing to justice, those who persistently evade enforcement of judgments to the authority;
      17) instruct (except of a private enforcement agent) to the state enforcement agents of other territorial body and (or) office to operate the separate enforcement procedures, if such necessity is arisen in the process of execution of enforcement document;
      18) perform other actions under the laws of the Republic of Kazakhstan on enforcement proceedings.
      2. An enforcement agent shall be obliged to:
      1) perform acts of the court, including the determination of the court for interim relief and approval of the settlement agreement, as well as the acts of other bodies in the cases stipulated by legislative acts of the Republic of Kazakhstan;
      2) provide the parties or their representatives to examine the materials of enforcement proceedings, make extracts and make copies;
      3) consider the statements on enforcement and application of the parties and make substantive decisions, to explain the timing and the order of their appeal and protest, declare himself or herself if he is personally, directly or indirectly interested in the outcome of the enforcement proceedings or there are other circumstances that cause doubt as to his impartiality;
      4) take any other actions under the laws of the Republic of Kazakhstan of enforcement proceedings.
      3. Enforcement agent shall not allow an impairment of a right and lawful interests of individuals and legal entities in his activities.
      Footnote. Article 126 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 127. Appeals of a decision and action (inaction) of the enforcement agent

      Decision and action (inaction) of the enforcement agent on execution of the court order or denial of such actions may be appealed to the claimer or a debtor to the court. The complaint is filed to a court in the order and time, provided by the civil procedural legislation of the Republic of Kazakhstan.

      Article 128. Responsibility for failure to comply with lawful requirements of the enforcement agent

      1. Legal requirements of enforcement agent are obligatory for all state bodies, bodies of local self-government, citizens and organizations and shall subject to the exact performance over the whole territory of the Republic of Kazakhstan.
      2. Non-performance of legal requirements of enforcement agent, as well as interfering to exercising of functions on execution of enforcement documents by the enforcement agent shall entail responsibility, provided by the Laws of the Republic of Kazakhstan.
      Footnote. Article 128 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 15. LEGAL STATUS OF PUBLIC ENFORCEMENT AGENTS

      Article 129. The system of enforcement proceedings

      1. A system of enforcement proceedings forms:
      1) authorized body;
      2) territorial bodies of the authorized body in the regions and the cities of Astana and Almaty (territorial authorities);
      3) departments of territorial authorities in the regions, cities, districts and urban areas ( territorial divisions).
      2. Powers and procedures of the authorized body shall be determined by regulations, approved by the Minister of Justice of the Republic of Kazakhstan.
      The powers and procedures of the local bodies and territorial divisions are determined by the authorized body of the provisions, approved by authorized body.
      Footnote. Article 129 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164 -V (shall be enforced upon expiry of ten calendar days after its official publication).

      Article 130. The order of the appointment of a state enforcement agent

      1. A state enforcement agent is a public servant.
      2. A state enforcement agent is appointed and dismissed by the head of territorial authority in accordance with the laws of the Republic of Kazakhstan on public service.
      3. A quantity of members of state enforcement agent s is established in accordance with the laws of the Republic of Kazakhstan.

      Article 131. Requirements for state enforcement agent

      1. A state enforcement agent may be appointed a person who is a citizen of the Republic of Kazakhstan, which has a higher legal education, corresponding to requirements of legislation of the Republic of Kazakhstan with the qualification requirements, capable in his professional and personal qualities, as well as for health to perform his duties.
      2. A state enforcement agent may not be a person: who is recognized as incapable or partially capable as established by the Law of the Republic of Kazakhstan; on which an administrative punishment was imposed within 3 years until the appointment as a state enforcement agent for the commitment of corruption offense in judicial proceeding; previously dismissed for negative reasons from the state, military service, law enforcement bodies, courts and justice agencies; having unserved or not taken as prescribed by law a criminal record.
      3. Service certificates shall be issued to the state enforcement agents, they provided with uniforms (without strap), badge and emblem, samples of which are approved by the authorized body.
      4. Natural regulations of providing of the state enforcement agents by the uniforms (without straps) shall be confirmed by the Government of the Republic of Kazakhstan.
      Footnote. Article 131 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2010 No. 368-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan, dated 06.01.2011 No. 379-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 132. Responsibility of state enforcement agent

      Non-performance or improper performance of the state enforcement agent of incumbent duties and official powers shall entail a responsibility under the law.

      Article 133. Monitoring the activities of state enforcement agent

      Monitoring the activities of state enforcement agent is performed by the authorized body and its territorial bodies.

      Article 134. A head of territorial department –a senior enforcement agent

      Footnote. Title is in the wording of the Law, dated 28.12.2010 No 368 -IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      A head of the territorial department - a senior legal enforcement agent shall:
      1) organize and control the activity of the territorial department and is personally responsible for the execution of the tasks, assigned to state law enforcement agents;
      2) organize the execution of orders, guidelines, directives and orders of the authorized and the territorial authorities;
      3) carry out the resolution of complaints and allegations of physical and legal persons to the actions of enforcement agents, conduct their reception;
      4) prepare a statistical report on the activities of the territorial department and organize the records management and archives;
      5) make enforcement procedures under this Law;
      6) perform other actions under the laws of the Republic of Kazakhstan.
      Footnote. Article 134, as amended by the Law of the Republic of Kazakhstan, dated 28.12.2010 No 368 –IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 135. Ensuring of activities of state enforcement agents

      Organizational and logistical support of state enforcement agent is funded from the national budget.

      Article 136. Measures of social protection of employees of bodies for enforcement proceedings

      In case of death of the employees of bodies for the enforcement procedures on duty, the victims' families are entitled to a living area from the public housing fund in accordance with the laws of the Republic of Kazakhstan.

Chapter 16. LEGAL STATUS OF A PRIVATE ENFORCEMENT AGENTS

      Article 137. Activity on the enforcement of court orders

      1. Activity on the enforcement of judicial acts and acts of other bodies by private enforcement agents shall be an alternative way of the enforcement of court orders as established in this Law.
      2. Activity of enforcement agents shall be recognized to ensure in accordance with the legislation of the Republic of Kazakhstan on enforcement proceedings to provide protection of rights, freedoms and legitimate interests of a person, citizen and organizations during enforcement and other actions.
      Footnote. Article 137 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 138. Grounds of activity of a private enforcement agent

      1. All enforcement documents, provided by this Law, except of the enforcement documents on collection from the state or legal entities, fifty percent and more of voting shares (share ownership in the registered capital) which shall subject to the state and affiliated with him (her) legal entities shall be accepted to the commission by the private enforcement agent.
      2. A share of enforcement documents, that is in enforcement at the private enforcement agents, on socially important categories of cases (recovery of alimony, salary and other collections) shall be established by the authorized body and shall not be lower than established.
      3. Paragraph 3 is provided by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (the order of enforcement see Article 173 of this Law).
      4. Enforcement procedures shall be carried out by the private enforcement agent on a remuneration basis. The payment of enforcement procedures, performed by the private enforcement agent, shall be carried out in accordance with tariffs, determined according to the procedure, established by this Law.
      5. Provision of the legislation of the Republic of Kazakhstan on enforcement proceedings and status of enforcement agents in parts of recovery from a debtor of enforcement sanction shall not be applied to the private enforcement agents.
      Footnote. Article 138 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expire of ten calendar days after its first official publication.)

      Article 139. Guarantees of activity on the enforcement of court orders

      1. A private enforcement agent shall be unbiased and independent in its activity and be governed by the Constitution of the Republic of Kazakhstan, this Law and other laws regulating enforcement proceedings in the Republic of Kazakhstan as well as international treaties.
      2. A private enforcement agent during enforcement of official duties as well as persons working in his/her office shall not be entitled to disclose information and documents which they become aware about in connection with the enforcement of the enforcement procedures as well as after resignation or dismissal except as otherwise established by the Law.
      Any information (documents) about committed enforcement procedures may be provided only to those persons on behalf, by order or in respect of whom these procedures were committed.
      The certificates about committed enforcement procedures shall be issued upon request of a court, prosecutor’s office and investigation agencies with regard to criminal or civil cases under proceeding.

Paragraph 1. Appointment to office of a private enforcement agent

      Footnote. Title of paragraph 1 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 140. A private enforcement agent in the Republic of Kazakhstan

      1. To the position of the private enforcement agent shall be a citizen of the Republic of Kazakhstan who has reached the age of twenty five, with higher legal education who experienced a contentious training on probation at a private enforcement agent’s office within at least one year, passed qualifying examination, obtained a license for enforcement of a court orders and got through a competition to fill a vacant position of a private enforcement agent as established by this Law.
      2. A position of a private enforcement agent shall not be a person:
      Who is recognized under the Law of the Republic of Kazakhstan as disabled or impaired; on that for three years before being appointed as the private enforcement agent for a corruption offense was imposed by the courts administrative penalty; commit corruption offenses; previously dismissed for negative reasons with the state, military service, law enforcement and the special government bodies, courts and justice, has not settled or withdrawn in accordance with the law a criminal record, which is the debtor of the enforcement proceedings, except for a person who is the debtor of the enforcement proceedings to collect recurring payments and is in arrears on the periodic collection of more than three months, deprived of a license to engage in activities of private enforcement agent.
      3. Is excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      4. A procedure of internship for the private enforcement agent shall be determined by the authorized body upon agreement with the Republican board of private enforcement agents.
      5. A private enforcement agent shall perform his duties on his/her behalf and under his/her responsibility. Taxation of payment of a private enforcement agent shall be carried out by the rules, established for individual entrepreneurs.
      Footnote. Article 140 as amended by the Laws of the Republic of Kazakhstan dated 28.12.2010 No. 368-IV (shall be enforced upon expire of ten calendar days after its first official publication) ); dated 27.04.2012 No. 15-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 141. Qualification commission

      1. A qualification commission shall:
      1) take the exam in people-trained and wishing to work in the enforcement of a court orders;
      2) hold a contest for vacant position of a private enforcement agent;
      3) is excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      2. A qualification commission shall be established under the authorized body.
      Organizational, financial and material support to the qualification commission shall be rendered by the Republican board of private enforcement agents.
      3. Authorized body shall confirm an examination procedure, examination questions as well as an amount of remuneration for passage of the qualifying examination.
      4. The authorized body shall award a license of a private enforcement agent to person who passed a qualifying examination.
      5. Is excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      6. The qualification commission decision may be appealed to a court in a month's time upon receipt of its copy to an interested person.
      7. A provision on qualification commission shall be adopted by the authorized body upon agreement with the Republican board of private enforcement agents.
      Footnote. Article 141 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 142. License on a right to engage the enforcement of court orders

      Footnote. Title of Article 142 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Is excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      2. To a private enforcement agent license shall be awarded by the authorized body, based on a qualification commission decision. The authorized body shall keep a Public Register of Licenses for the enforcement of court orders.
      3. The list of documents, required to obtain a permission to pass qualifying examination shall be established by the provision on qualifying examination, adopted by the authorized body upon agreement with the Republican board of a private enforcement agents. Any private enforcement agent licenses shall be awarded in terms and order as established by the legislation of the Republic of Kazakhstan on licensing.
      4. A private enforcement agent license shall include collection, which size and payment procedure shall be established by the tax legislation of the Republic of Kazakhstan.
      5. A private enforcement agent license shall bear a general status without limitation of terms and valid within the Republic of Kazakhstan.
      6. Is excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      7. The regular judges, persons who worked as regular judges except for judges, released from office for defaming misconduct and violations of the law in the performance of their duties or persons who worked in the authorized body and in the territorial bodies in the scope of enforcement proceedings at least within five years except for those who are dismissed by negative reasons, and prosecutors who have a work experience in the prosecutor’s offices at least within ten years shall be entitled to obtain a private enforcement agent license without training on probation and qualifying examination.
      Footnote. Article 142 as amended by the Law of the Republic of Kazakhstan dated 28.12.2010 No. 368-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.04.2012 No. 15-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.01.2014 No 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 143. Suspension of a license validity of a private enforcement agent

      1. A private enforcement agent’s license shall be suspended by a court decision upon the authorized body claim filed based on a disciplinary commission decision.
      2. A private enforcement agent license may be suspended for the term of up to six months in the following cases:
      1) of involvement of a private enforcement agent as a defendant in a criminal prosecution;
      2) of a flagrant violation of the legislation of the Republic of Kazakhstan by a private enforcement agent during enforcement procedures;
      3) unjustified refusal in acceptance of enforcement document;
      4) commission of enforcement procedures by the private enforcement agent outside the territory of its executive district, except of the cases, provided by subparagraphs 2) of paragraph 4 of Article 52 and paragraph 8 of Article 77 of this Law;
      5) non-receiving training (raising of qualification) in terms, established by subparagraph 9-1) of paragraph 1 of Article 148 of this Law, or refusal in its receiving;
      6) repeated violation of requirements of subparagraphs 4), 5-1) and 5-2) of paragraph 1 and paragraph 2 of Article 148 of this Law by the private enforcement agent.
      3. A court decision on suspension of a private enforcement agent license shall specify the reasons and term. A license shall be discontinued since a court decision on suspension of a private enforcement agent license enters into force. If the reasons of suspension are eliminated the authorized body shall make a decision on license renewal.
      4. A suspension of a private enforcement agent license shall entail a prohibition against activity as a private enforcement agent and the enforcement of enforcement procedures since a court decision on the suspension of private enforcement agent license is made.
      5. Powers of a private enforcement agent shall be suspended upon his/her notice if elected as a member of the Parliament or Maslikhat of the Republic of Kazakhstan acting on permanent or free basis and paid from the state budget. If the power as a member is terminated this person may renew the power of a private enforcement agent.
      6. In case of suspension of a license of a private enforcement agent, the enforcement procedures, being in its execution, with consent of recoverer shall be sent to the regional board of the private enforcement agents for transfer to another private enforcement agent.
      Footnote. Article 143 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 144. Termination of license validity of a private enforcement agent

      1. Besides the common reasons as established by the legislation of the Republic of Kazakhstan on licensing private enforcement agent license shall be terminated in a judicial procedure upon the authorized body claim as follows:
      1) repeated violation of the legislation of the Republic of Kazakhstan, as well as causing a harm to the interests of the state, individuals and legal entities;
      2) not elimination of reasons on which the license of a private enforcement agent is suspended;
      3) finding of a fact that a private enforcement agent provides inauthentic or deliberately distorted information in the documents serving as a basis to award a private enforcement agent license;
      4) a private enforcement agent recognized by a qualification commission as irrelevant to hold the related position in accordance with the results of repeated certification;
      5) a failure of a private enforcement agent to enforce a court orders for more than three days without a due excuse;
      6) in case of impossibility to perform the professional duties on state of health;
      7) occupation of other types of paid activity, except of scientific, educational or creative activity.
      2. Besides the common reasons as established by the legislation of the Republic of Kazakhstan on licensing a private enforcement agent license shall be terminated upon the authorized body decision as follows:
      1) filing an application by a private enforcement agent of his/her own free will;
      2) changing his/her citizenship or departure beyond the Republic of Kazakhstan to a permanent place of residence by a private enforcement agent;
      3) a private enforcement agent, convicted for a crime after entry of a judgment into legal force;
      4) a private enforcement agent acknowledged by a court as deceased or missing.
      5) death of a private enforcement agent;
      6) entering of resolution of a private enforcement agent on termination of a criminal case on non-rehabilitating grounds in relation of a private enforcement agent;
      7) adjudgement of a private enforcement agent as incapable or impaired according to the procedure, established by the legislation of the Republic of Kazakhstan;
      8) establishment of the fact of carrying out of activity during suspension of a license of a private enforcement agent.
      3. Presentation on termination of a license of the private enforcement agent shall be introduced in the authorized body by the prosecutor, relevant regional board of the private enforcement agents or territorial body.
      4. A regional board of a private enforcement agent by order of the authorized body shall be liable to take measures on assignment of office management, archive and current assets of a private enforcement agent subject to license termination to the other private enforcement agent as well as on withdrawal of a private enforcement agent license in order to assign it to the authorized body and destroying of a personal private enforcement agent seal.
      The bank or organization performing special banking operations by order of the head of the authorized body shall exchange an agent of a current account for a private enforcement agent, acting instead of a private enforcement agent who terminated his/her activity.
      5. Should any disciplinary proceedings be caused against a private enforcement agent he/she may be released from the position of his/her own free will upon termination of disciplinary proceedings.
      6. The authorized body decision on termination of a private enforcement agent license may be appealed to a court.
      Footnote. Article 144 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 145. Appointment to office of a private enforcement agent

      1. The authorized body shall constitute and abandon the position of a private enforcement agent within the total number of the private enforcement agents within an enforcement district. The headcount of private enforcement agents shall be established by the authorized body based on labor burden.
      2. A private enforcement agent shall be awarded with power by the authorized body jointly with the Republican board of a private enforcement agents based on competition from among those who are licensed. The authorized body shall approve the competition conditions and procedure upon agreement with the Republican board of private enforcement agents.
      3. A private enforcement agent shall proceed to work within a month upon the order of appointment to the position made by the head of the authorized body.
      4. Since taking office a private enforcement agent shall inform the corresponding territorial body and regional bodies of the private enforcement agents about an address and working mode operation. The similar information should be published by him/her in the republican printed editions in Kazakh and Russian.
      5. In the case of location change of the office of a private enforcement agent address within an enforcement district he/she shall be liable to inform the bodies about this, specified in paragraph 4 of this Article as well as make the related publications in printed editions within three days.
      6. The persons, appointed to the office of a private enforcement agent shall be entitled to participate in the competition to fill a vacant position of private enforcement agent in the other enforcement district on a common basis.
      Footnote. Article 145 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 146. Special conditions of private enforcement agents ’ activity

      1. A private enforcement agent shall not be entitled to act without a civil liability insurance contract which is to be agreed by the parties.
      2. A private enforcement agent shall not be entitled to enforce enforcement procedures if an amount of recovery exceeds an insurance amount under the civil liability insurance contract.
      If a private enforcement agent wants to enforce the corresponding enforcement procedures but an insurance amount under an individual civil liability insurance contract is less than an amount of recovery he/she shall be liable to conclude a civil liability insurance contract to a deficient amount.
      3. If an amount of caused harm exceeds an amount of insurance under an individual civil liability insurance contract of a private enforcement agent the payment shall be made under a common civil liability insurance contract of the private enforcement agents of the Republic of Kazakhstan.
      4. If an amount of caused harm exceeds an amount of insurance under a common civil liability insurance contract of private enforcement agent of the Republic of Kazakhstan a private enforcement agent shall be liable for any harm caused by him/her for account of own property and funds.
      5. A fact of caused harm subject to compensation shall be settled by agreement between the parties concerned and by court if a dispute arises.
      6. Is excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Article 146 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Paragraph 2. Rights, liabilities and responsibility of private enforcement agents

      Article 147. Rights of private enforcement agents

      A private enforcement agent shall be entitled:
      1) to enforce enforcement procedures as established by this Law in the interests of individuals and legal entities who appealed therefor;
      2) to open bank accounts including foreign currency accounts in any bank, have property and personal non-property rights and liabilities, hire and dismiss employees, dispose incomings, appear in court on his/her behalf and enforce other actions in accordance with the legislation of the Republic of Kazakhstan;
      3) to use services of public social security, medical and social insurance as established by the legislation of the Republic of Kazakhstan;
      4) to obtain information from electronic databases of public registering bodies and other organizations;
      5) to exercise other rights as established by the legislative acts of the Republic of Kazakhstan.

      Article 148. Liabilities of private enforcement agent

      1. A private enforcement agent shall be obliged:
      1) to address a tax body for registration within three business days after appointment to the office of a private enforcement agent;
      2) to enforce enforcement procedures in accordance with this Law and other regulatory legal acts of the Republic of Kazakhstan with regard to a private enforcement agents’ activity;
      3) to perform conscientiously their professional duties, keep confidentiality about private life of individuals and prevent disclosure of information constituting commercial or other privacy, protected by Law which becomes known as a result of his/her activity.
      The liability as stated above shall be still in force after abdication of a private enforcement agent. The employees of a private enforcement agent and other persons having access to the indicated information shall also protect privacy;
      4) to inform about all instituted enforcement proceedings on or prior to the next day after institution to a regional board of the private enforcement agents;
      5) to observe the Code of professional honor of a private enforcement agents;
      5-1) to provide timely and appropriate information to the authorized and (or) territorial bodies;
      5-2) to pay the obligatory membership fees on a quarterly basis;
      6) to have an office;
      7) in the cases, provided by the Law, to provide information on commission of enforcement procedures, other copies of documents, and in the necessary cases – personal explanations, as well as on issues of non-observance of requirements of the Code of professional honor of private enforcement agents;
      8) to send to a territorial body (department) the materials to draw up a protocol on an administrative violation if any reasons are given;
      9) to improve professional qualification on a regular basis;
      9-1) to receive training (raising of qualification) on issues of enforcement proceedings during a year after appointment to a post of a private enforcement agent, subsequently receive once every three years;
      10) to fulfill other liabilities as established by the legislative acts of the Republic of Kazakhstan.
      2. A private enforcement agent shall provide a regional board of the private enforcement agents with the information about his/her activity in the form and terms, approved by the authorized body.
      Footnote. Article 148 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 149. Restrictions of private enforcement agents’ activity

      A private enforcement agent shall not be entitled to be engaged in other paid activity except for scientific, teaching and creative activity.

      Article 150. Responsibility of a private enforcement agent

      1. Non-fulfillment or improper fulfillment of assumed liabilities and obligations by a private enforcement agent shall entail liability as established by the Laws of the Republic of Kazakhstan.
      2. A private enforcement agent shall be liable to compensate for damage, caused to the parties of enforcement proceedings and other persons as a result of the enforcement procedures contradicting the legislation of the Republic of Kazakhstan.

      Article 151. Regular certification of private enforcement agent

      Footnote. Article 151 is excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Paragraph 3. Activity arrangement of private enforcement agents

      Article 152. Enforcement district and area (territory of activity of a private enforcement agent)

      1. An enforcement district (territory of activity of a private enforcement agent) shall be established in accordance with an administrative-territorial division of the Republic of Kazakhstan.
      2. A territory of activity of a private enforcement agent as well as the number of private enforcement agents within an enforcement district shall be determined by the authorized body jointly with the Republican board of private enforcement agents.
      A territory of activity of a private enforcement agent within the regional center, Astana and Almaty covers the whole territory of the regional center, Astana and Almaty. The territory of activity of a private enforcement agent within the regional districts as enforcement districts covers the whole territory of the regional district.
      2-2. Upon carrying out of enforcement procedures out of place of its work by a private enforcement agent, provided by paragraph 1 of Article 153 of this Law, beyond of regional board of private enforcement agents, the member of which he (she) is in accordance with paragraph 2 of Article 161 of this Law, he (she) shall be obliged to inform a regional board of private enforcement agents at the place of commission of enforcement procedures.
      3. Any individual or legal entity to enforce a court order shall be entitled to address any private enforcement agent within an enforcement district at the place of the enforcement if a debtor lives (legal address for legal bodies) and property or a place of work are located in the territory of his/her activity.
      Footnote: Article 152 as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 153. Office of a private enforcement agent

      1. Office of a private enforcement agent is a place of work of a private enforcement agent.
      2. The requirements for location and equipment of the office of a private enforcement agent shall be defined by the authorized body.
      3. Private enforcement agents may have a general office. In case of keeping the general office, each of a private enforcement agent shall exercise its powers in its own name and bear personal responsibility for its performance.
      4. A private enforcement agent shall set time for personal reception during the working time not over four hours at least within two business days a week. The office hours and working time of a private enforcement agent shall be publicly known.
      5. A private enforcement agents shall maintain accounting records in accordance with the rules as established by the regulatory legal acts for individual entrepreneurs.
      Footnote. Article 153 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 154. Certificate, personal seal, badge, stamps and form sheets of a private enforcement agent

      A private enforcement agent shall have a certificate, personal seal with a full name, name of a regional board of a private enforcement agent, enforcement district and license number as well as stamps, personal form sheets and a badge. The copies of a certificate, personal seal and badge shall be ratified by the authorized body. A regional board of private enforcement agents shall arrange preparation of a certificate, personal seal and badge.
      Footnote. Article 154 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 155. Clerical correspondence in enforcement proceedings

      1. Clerical correspondence in the office of a private enforcement agent shall be performed by the private enforcement agents in accordance with the rules, ratified by the authorized body.
      2. Territorial bodies jointly with the regional board of the private enforcement agents shall control compliance of the private enforcement agents with the clerical correspondence rules.

      Article 156. Assistants and trainees of enforcement agent

      1. A private enforcement agent shall be entitled to have assistants and trainees.
      1-1. The assistant and trainee of enforcement agent shall not be a person who is recognized by the Law of the Republic of Kazakhstan as disabled or impaired, committed corruption Law violation, dismissed by negative reasons from civil or military service, Law enforcement body, court and justice agency and suffering from conviction outstanding or unspent as established by the Law.
      2. The assistant of a private enforcement agent may be a citizen of the Republic of Kazakhstan, licensed as a private enforcement agent.
      3. The trainee of a private enforcement agent may be a citizen of the Republic of Kazakhstan having higher legal education. The trainees shall be trained by the private enforcement agents who have a work experience for at least three years as well as at least one year in the capacity of a private enforcement agent. A private enforcement agent shall be entitled to have no more than two trainees at the same time.
      4. The procedure, terms and conditions of trainee job for private trainee enforcement agents shall be determined in accordance with the provision on the procedure of trainee job ratified by the authorized body upon agreement with a the Republican board of the private enforcement agents.
      5. Rights and liabilities of the assistant and trainee of enforcement agent shall be determined under a labor agreement.
      Footnote. Article 156 as amended by the Law of the Republic of Kazakhstan dated 28.12.2010 No. 368-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Paragraph 4. Substitution of a private enforcement agent

      Footnote. Paragraph 4 is excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Paragraph 5. Regional board of a private enforcement agent. Republican board of a private enforcement agent

      Article 161. Regional board of private enforcement agent

      1. A regional board of the private enforcement agents is a non-profit organization constituting a professional association, established for protection of rights and legal interests of the private enforcement agents as well as control over compliance with the legislation on enforcement proceedings on enforcement of any enforcement procedures.
      2. A private enforcement agent may be on one regional board of the private enforcement agents only.
      3. A single regional board of the private enforcement agents shall be established within each region, city of republican significance and capital of the Republic of Kazakhstan.
      4. An activity of regional board of the private enforcement agents shall be regulated by the legislation of the Republic of Kazakhstan and the Statute. A regional board of the private enforcement agents is a legal entity subject to state registration as duly established by the Law. A regional board of the private enforcement agents shall act on the principles of self-governance and self-financing.
      5. The officials of a regional board of the private enforcement agents shall be liable to keep privacy about any enforcement procedures. In the case of a breach of confidence and causing damage to a private enforcement agent which entailing the need for compensation for the damage caused to other persons from private enforcement agent the guilty persons shall bear responsibility in accordance with the laws of the Republic of Kazakhstan.
      Footnote. Article 161 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 162. Power of regional board of private enforcement agents

      1. A regional board of private enforcement agents shall:
      1) represent and protect interests of the private enforcement agents in government bodies;
      2) render assistance and contribute to development of activity on the enforcement of enforcement procedures;
      3) carry out professional control over compliance with the legislation of the Republic of Kazakhstan on enforcement proceedings during the enforcement of enforcement procedures by the private enforcement agents;
      4) claim from a private enforcement agent an information about enforced enforcement procedures, other documents relating to financial and economic activities and personal reasoning including the issues of non-compliance with professional ethics in connection with any claims and other appeals of the parties concerned;
      5) arrange training on probation of the persons, pretending to the position of a private enforcement agent and improvement of professional background of the private enforcement agents;
      5-1) jointly with organizations of education shall provide training (raising of qualification) of private enforcement agents, on the results of which the confirming document is issued;
      6) submit to a disciplinary commission the proposals on bringing the private enforcement agents to responsibility;
      6-1) publish the list of selling property of a debtor on auction on its web-site;
      6-2) introduce presentation on candidates for appointment to a post of a private enforcement agent;
      7) form and arrange work of the commission on compliance with professional ethics;
      8) is excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      9) control whether a private enforcement agent fulfill liabilities on compensation for harm caused during enforcement of his/her obligations;
      10) keep a register of enforcement proceedings, filed by the private enforcement agents within the related enforcement district;
      11) bring in proposals on suspension, withdrawal and termination of a private enforcement agent license;
      12) inform the territorial bodies about the cases of improper fulfillment of liabilities by the private enforcement agents, in particular obligatory insurance of the private enforcement agents’ civil liability and offenses of other provisions of the legislation of the Republic of Kazakhstan;
      13) summarize the practice in administration of the legislation of the Republic of Kazakhstan on enforcement proceedings and form proposals on its improvement;
      14)perform analytical and research work;
      15) carry out other power as established by the legislation of the Republic of Kazakhstan.
      2. A regional board of the private enforcement agents shall provide a the Republican board of private enforcement agent and territorial body with the information about its activity. The form and terms shall be approved by the authorized body.
      Footnote. Article 162 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 163. Republican body of private enforcement agents

      1. The Republican board of private enforcement agents is a non-profit organization constituting a professional association of regional bodies of the private enforcement agents.
      The Republican board of private enforcement agents shall be subject to state registration.
      2. The Republican board of private enforcement agents shall be regulated by the legislation of the Republic of Kazakhstan and the charter.
      3. As established by the Statute of the Republican board of the private enforcement agents each regional board of the private enforcement agents shall elect the representatives of a the Republican board of private enforcement agents.
      4. A charter of the Republican board of the private enforcement agents shall be ratified by the meeting of the representatives of the Republican board of the private enforcement agents.
      5. The Republican board of the private enforcement agents shall conclude a common civil liability insurance contract of private enforcement agent of the Republic of Kazakhstan.

      Article 164. Financing of the Republican board of private enforcement agents

      The Republican board of the private enforcement agents shall be financed for account of obligatory contributions by regional board of private enforcement agent at the rate not less than five per cent of contributions of the private enforcement agents.

      Article 165. Power of the Republican board of private enforcement agents

      1. The Republican board of the private enforcement agents shall:
      1) coordinate a regional board of the private enforcement agents;
      2) represent interests of regional board of a private enforcement agents and a private enforcement agents in government bodies and non-governmental organizations;
      3) participate in work of the International Union of enforcement agents and employees of other international and foreign agencies, involved in arrangement of the private enforcement activity;
      4) participate in rule-making and expert activity of the authorized body, other government bodies, involved in enforcement proceedings and private enforcement activity;
      5) arrange training and qualification improvement of the private enforcement agents;
      5-1) render methodological assistance for the training of individuals, pretending to receipt a license of a private enforcement agent;
      6) enforce private enforcement agent to fulfill liabilities on compensation of harm, caused during the enforcement of obligations;
      7) ensure protection of social and professional rights of the private enforcement agents, involved in private practice;
      8) carry out periodic inspection of regional board of the private enforcement agents;
      9) summarize the practice in administration of the legislation of the Republic of Kazakhstan on enforcement proceedings and form proposals on its improvement;
      10) perform analytical and scientific work;
      11) adopt the Code of Professional Honor of private enforcement agents;
      11-1) introduce presentation on suspension or termination of a license of a private enforcement agent;
      12) carry out other power as established by the legislation of the Republic of Kazakhstan.
      2. The Republican board of the private enforcement agents shall be entitled to constitute other non-profit organizations to tackle its objectives and tasks as stated in this Law and the charter.
      3. The Republican board of private enforcement agent shall annually provide the authorized body with the information on enforcement of court orders by the private enforcement agents.
      Footnote. Article 165 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Paragraph 6. Control over activity and disciplinary responsibility of private enforcement agent

      Article 166. Judicial control over the enforcement of enforcement procedures by private enforcement agent

      Any refusal or improper enforcement of the enforcement procedures shall be appealed in a judicial procedure.

      Article 167. Competence of the authorized body

      1. An authorized body shall:
      1) regulate and control an activity of private enforcement agents within its competence;
      2) develop and represent the amount of payment of activity of a private enforcement agent for confirmation to the Government of the Republic of Kazakhstan;
      3) organize the competition on vacant post of a private enforcement agent;
      4) appoint the citizens to the post of private enforcement agent on the results of competition;
      5) confirm the general personnel of private enforcement agents on republic and each region;
      6) develop methodic, instructive and explanatory materials on issues of enforcement proceedings;
      7) carry out licensing of the activity of a private enforcement agents;
      8) make decision on suspension or termination of a license of the private enforcement agents on the grounds, provided in paragraphs 2 of Articles 143 and 144 of this Law;
      9) file actions on termination of a license of the private enforcement agents to the court on the grounds, provided in paragraphs 1 of Article 144 of this Law;
      10) conclude the contracts with the state bodies on including of private enforcement agents to the public registers and electronic data basis.
      11) develop and confirm:
      procedure of record registration of private enforcement agents;
      provision on disciplinary committee;
      provision on qualification examination;
      provision on qualification commission;
      procedure of carrying out of control for activity of private enforcement agents;
      procedure for holding a competition to the vacant post of a private enforcement agent;
      requirements to the location and equipment of office of a private enforcement agent;
      procedure of probation at the private enforcement agent;
      rules of clerical correspondence;
      12) exercise other powers, provided by the Laws of Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan.
      Footnote. Article 167 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 168. Competence of territorial body for control of a private enforcement agent

      1. A territorial body shall:
      1) arrange control over compliance of private enforcement agent with this Law and proper fulfillment of his/her liabilities;
      2) submit a proposal on a private enforcement agent license termination;
      3) submit to a disciplinary commission the proposals on involvement of private enforcement agent to responsibility;
      4) keep registration of private enforcement agents;
      5) carry out other power as established by the legislation of the Republic of Kazakhstan.
      2. A territorial body upon agreement with a regional board of the private enforcement agents shall:
      1) render of methodic and hands-on assistance to the private enforcement agents;
      2) generalize the practice of work of a private enforcement agents;
      3) carry out a gathering of information in accordance with paragraph 2 of Article 148 of this Law;
      4) consider a reference of individuals and legal entities on actions of private enforcement agents;
      5) carry out control for legality of performed enforcement procedures and observance of rules of clerical correspondence by the private enforcement agents;
      6) conduct raising of qualification of private enforcement agents, carrying out the enforcement procedure.
      3. Representatives of territorial body shall have the right to present on the meetings of general meeting, government and other bodies of regional board of the private enforcement agents.
      Footnote. Article 168 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 169. Control over private enforcement agents ’ activity

      1. A control over legitimacy of enforced enforcement procedures and compliance with the rules of record keeping by private enforcement agents shall be carried out by the authorized body, republican and regional bodies of the private enforcement agents. The control procedure shall be established by the authorized body jointly with a the Republican board of private enforcement agents.
      2. A control over compliance with the tax legislation by a private enforcement agent shall be carried out by the tax bodies of the Republic of Kazakhstan.
      3. Civil servants of a territorial body and regional board of a private enforcement agent shall be liable to keep privacy about enforcement of enforcement procedures which is disclosed during inspection of a private enforcement agent’s activity. They shall bear responsibility for any breach of confidence and caused damage in accordance with the laws of the Republic of Kazakhstan.
      4. Checking of work of a private enforcement agent shall be performed not earlier than six months and not later than one year after beginning of carrying out of enforcement procedures by them. Hereinafter the scheduled checks shall be carried out once a year.
      In case of reception of appeals on action (omission) of a private enforcement agent or in existence of other information, certifying on unconscientious performance of obligations, may be carried out an unscheduled check of activity of a private enforcement agent.
      5. The private enforcement agents shall be liable to provide the officials authorized to hold inspections with information and documents concerning settlements with individuals and legal entities as well as other information required for inspections.
      6. Is excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Article 169 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 170. Disciplinary offenses of private enforcement agents

      The disciplinary offenses of private enforcement agent shall constitute:
      1) a guilty non-fulfillment or improper fulfillment of obligations including charging of tariffs and remuneration inconsistent with the fixed rates for a private enforcement agent;
      2) a violation of the Code of Professional Honor of the private enforcement agents.
      Footnote. Article 170 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 171. Disciplinary proceedings

      1. A right to impose disciplinary penalty upon a private enforcement agents shall be assigned to the authorized and territorial body which establish a disciplinary commission consisting of at least five members in odd number to consider disciplinary offenses.
      2. A composition of a disciplinary commission, established by the head of the authorized or territorial bodies shall mandatory include a representative of the corresponding regional board of a private enforcement agents.
      3. The order of disciplinary commission meetings shall be established by the provision, approved by the authorized body.
      Footnote. Article 171 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 172. Disciplinary penalty

      1. A disciplinary penalty imposed upon a private enforcement agents shall constitute:
      1) a note;
      2) a reprimand;
      3) a severe reprimand;
      3-1) making decision by the authorized body on suspension of a license of a private enforcement agent;
      4) authorized body filing a claim to a court on private enforcement agent license withdrawal.
      2. A single disciplinary penalty may be imposed for each offense only.
      3. A disciplinary penalty shall be imposed following an order of the head of the authorized or territorial body based on a disciplinary commission conclusion.
      4. The disciplinary responsibility of private enforcement agents shall be regulated by the labor legislation of the Republic of Kazakhstan, taking into account the specifics as established by this Law.
      Footnote. Article 172 as amended by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 17. TRANSITORY AND FINAL PROVISIONS

      Article 173. Enforcement of this Law

      This Law enters into force upon expiry of six months after its first official publication, with the exception of paragraph 8 of Article 138 that enters into force from 1 January 2016.
      Footnote. Article 173 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 174. Transitory provisions

      1. Before formation of Republican board of private enforcement agents, its functions in the part of development and adoption of regulatory legal acts shall be carried out by the authorized body.
      2. Article 34 of this Law shall be distributed only on enforcement documents of recovery of alimony during three years after introduction into effect of this Law.
      3. To establish that paragraphs 1 and 2 of Article 74, paragraph 2 of Article 77 of this Law shall be in force until 1 January, 2015, after which this regulations shall be in force in the following editions:
      “1. Realization of impounded property, except of property, withdrawn by Law from turn-round, independent of grounds of arrest types of property shall be carried out by enforcement agent through trade organizations on the commission, as well as in trading in the form of electronic auction according to the procedure, determined by the authorized body.
      2. Selection of form of realization of property shall be determined by enforcement agent in recognition of type of property. Property, cost up to three hundred monthly calculation index shall be realized on the commission, except of immovable property.”;
      “2. Realization of impounded property of a debtor, except of specified in Articles 75 and 76 of this Law shall be carried out by sale in trading in the form of electronic auction, as well as by sale through trade organization on the basis of contract of commission”.
      4. To establish, that provision of paragraph 2 of chapter 8 of this Law from 1 January, 2015 shall be applied upon conducting of electronic auction in a part, not inconsistent to the legislation of the Republic of Kazakhstan.”.
      Footnote. Article 174 is in the wording of the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Article 175. Final provisions

      The Law of the Republic of Kazakhstan “On enforcement proceedings and status of enforcement agents” dated June 30, 1998 shall be recognized as stale (Bulletin of the Parliament of the Republic of Kazakhstan, 1998, No. 13, Art. 195; No. 24, Art. 436; 1999, No.23, Art. 922; 2000, No. 3-4, Art. 66; No.6, Art. 142; 2002, No.17, Art. 155; 2003, No. 10, Art. 49; No.11, Art. 67; 2004, No. 24, Art. 153; 2006, No. 11, Art. 55; 2007, No. 4, Art. 28; No. 5-6, Art. 40; No. 10, Art. 69; No. 20, Art. 152; 2009, No. 17, Art. 81).

      The President
      of the Republic of Kazakhstan N. Nazarbayev