Institution of Private Executors (Bailiffs) Were Introduced in Kazakhstan

Law of the RK dated 2 April 2010 «On Enforcement Proceedings and Status of Executors»

Dear Sirs,

Herewith SIGNUM would like to draw your attention to new Law of the RK dated 2 April 2010 «On Enforcement Proceedings and Status of Executors», effective from 20.10.2010 (hereinafter – Law).

Law is aimed at introduction of the institution of private executors and improvement of the existing system of enforcement proceedings by means of accretion of powers of executors and introduction of additional measures for enforcement of judicial acts execution.

No doubt that characteristic feature of this Law is regulation of legal status of private executor, powers of which are more or less equated with state executor. It means that private executor also has a right to take measures of enforcement, levy execution on debtor’s property, conduct appraisal of property and take other measures for execution of judicial acts.

Private executor is an alternative of state executor. To our opinion it will create professional competition for state executor and increase quality and efficiency of judicial acts enforcement.

Law specifies obligatory requirements to private executors such as: citizenship, age, educational background, probation, passing of qualification exam, availability of license and passing of special competition for filling the position of private executor.

In addition we would like to note that after enactment of Law on Expiry of Period of Voluntary Execution executor (private or state) will have a right to impose restriction for exit of debtor from the RK and require from debtor to declare available property as well as information about source of its income.

You should also take into consideration that when Law takes effect, republican registry of debtors will be published in the official website of the Committee of Court Administration. We hope that presented information will be useful for you. Should you have any additional questions, please do not hesitate to contact Talgat Saryev and Rakhat Baisuanov.

Information contained in this Client Update is of general nature and cannot be used as legal advice or recommendation. Please seek for a specific advice in relation to any questions. Please note that Kazakhstan and Turkmenistan are emerging economies and their legislation and legal systems are in constant development. Should you have any questions or would like to discuss subjects addressed in this Client Update please contact us.