Changes to the procedure for submission of enforcement documents to private bailiffs
By Order of the Minister of Justice of the Republic of Kazakhstan dated 28 February 2026 No. 211 (registered No. 38065, effective from 2 March 2026), a new version of the Rules for the distribution of enforcement documents through the State Automated Enforcement Proceedings Information System (SAEP IS) among private bailiffs was approved. The Rules were adopted pursuant to Articles 9-1, 37 and subparagraph 2) of paragraph 1 of Article 162 of the Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs”).
The key change is that a creditor is no longer allowed to choose a specific private bailiff and submit the writ of execution directly to them. Now the enforcement document must be submitted to the regional chamber of private bailiffs: either in paper form with the original document, or by submitting an application to the authority that issued the electronic enforcement document. After submission, the SAEP IS system automatically distributes the document among private bailiffs registered at the debtor’s place of registration. Distribution is carried out randomly and by categories of cases. The regional chamber must distribute the document within three working days (or immediately if the claim requires immediate enforcement). After receiving the document, the appointed private bailiff must initiate enforcement proceedings within three working days.
For creditors, this means that they will no longer be able to work with a preferred or trusted private bailiff. This may result in differences in the quality of enforcement and may increase the time required at the initial stage of enforcement proceedings.
Transfer of a case to another private bailiff after assignment is possible only in two situations:
(1) If there are formal grounds for recusal under Article 54 of the Law, or
(2) If a complaint is submitted to the regional chamber supported by the results of an extraordinary inspection or a final court decision.
In such cases, the decision is made by the disciplinary commission of the regional chamber of private bailiffs. Therefore, replacing a bailiff simply by request will generally not be possible.
In this regard, we recommend the following:
submit enforcement documents to the regional chamber immediately after receiving the writ of execution;
monitor enforcement proceedings through SAEP IS;
if inactivity or violations by the assigned bailiff are identified, document them from the very beginning in order to submit a complaint to the chamber;
establish working contacts with regional chambers to facilitate communication;
keep all communications with the bailiff in written form;
consider using electronic enforcement documents, as they may speed up the process since they are submitted directly to SAEP IS without physical transfer through the chamber.
