Unofficial translation
In accordance with paragraph 6 of Article 10 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On enforcement proceedings and status of bailiffs", I HEREBY ORDER:
1. To approve the Standard forms of:
1) a decision on initiation of enforcement proceedings in accordance with Annex 1 to this order;
2) a decision on refusal to initiate enforcement proceedings in accordance with Annex 2 to this order;
3) a decision on amendments to the previously issued decision in accordance with Annex 3 to this order;
4) a decision on cancellation of the decision of the state bailiff in accordance with Annex 4 to this order;
5) a decision on participation of a translator in enforcement proceedings in accordance with Annex 5 to this order;
6) a decision on participation of a specialist in enforcement proceedings in accordance with Annex 6 to this order;
7) a decision on recusal (self-recusal) of a translator (specialist) in accordance with Annex 7 to this order;
8) a decision on recusal (self-recusal) of the state bailiff in accordance with Annex 8 to this order;
9) a decision on refusal in recusal of the state bailiff in accordance with Annex 9 to this order;
10) a decision on involvement of employees or divisions of internal affairs bodies to ensure execution of enforcement documents in accordance with Annex 10 to this order;
11) a decision on bringing a person, evading to appear to the bailiff (subject to sanctioning by the court), in accordance with Annex 11 to this order;
12) a decision on temporary restriction on departure of an individual, the head (acting head) of a legal entity being a debtor, from the Republic of Kazakhstan (subject to sanctioning by the court) in accordance with Annex 12 to this order;
13) a decision on suspension of temporary restriction on departure of an individual, the head (acting head) of a legal entity being is a debtor, from the Republic of Kazakhstan (subject to sanctioning by the court) in accordance with Annex 13 to this order;
14) a decision on removal of temporary restriction on departure of an individual, the head (acting head) of a legal entity being a debtor, from the Republic of Kazakhstan in accordance with Annex 14 to this order;
15) a decision on suspension of enforcement proceedings in accordance with Annex 15 to this order;
16) a decision on resumption of enforcement proceedings in accordance with Annex 16 to this order;
17) a decision on termination of enforcement proceedings in accordance with Annex 17 to this order;
18) a decision on the return of an enforcement document to the plaintiff in accordance with Annex 18 to this order;
19) a decision on foreclosure on property (subject to sanctioning by the prosecutor) in accordance with Annex 19 to this order;
20) a decision on appointment of an appraiser for assessment of the seized property or an order for assessment of the debtor's property by one of the parties to the enforcement proceedings in accordance with Annex 20 to this order;
21) a decision on transfer of the seized property for sale in accordance with Annex 21 to this order;
22) a decision on transfer of the debtor's property in accordance with Annex 22 to this order;
23) a decision on foreclosure of accounts receivable in accordance with Annex 23 to this order;
24) a decision on seizure of a monetary claim, payment on the seized claim, a prohibition on the debtor to accept and dispose monetary claims in accordance with Annex 24 to this order;
25) a decision on foreclosure on wages and other types of income in accordance with Annex 25 to this order;
26) a decision on foreclosure on scholarships, social insurance benefits paid in case of temporary disability, unemployment benefits in accordance with Annex 26 to this order;
27) a decision on determination of debt in accordance with Annex 27 to this order;
28) a decision on distribution of recovered amounts in accordance with Annex 28 to this order;
29) a decision on affiliating the foreclosure in accordance with Annex 29 to this order;
30) a decision on recovery of expenses for the performance of executive actions in accordance with Annex 30 to this order;
31) a decision on direction of an enforcement document by territoriality in accordance with Annex 31 to this order;
32) a decision on direction of an enforcement document to the liquidation commission, the bankruptcy manager, the rehabilitation manager in accordance with Annex 32 to this order;
33) a decision on cancellation of enforcement measures in accordance with Annex 33 to this order;
34) a decision on prohibition to perform certain actions in accordance with Annex 34 to this order;
35) a decision on recovery of enforcement sanctions in accordance with Annex 35 to this order;
36) a decision on the task to perform certain executive actions and (or) apply certain enforcement measures in accordance with Annex 36 to this order;
37) a decision on detention of the debtor's vehicle in a special parking lot in accordance with Annex 37 to this order;
38) a decision on the seizure of immovable property (subject to sanctioning by the prosecutor) in accordance with Annex 38 to this order;
39) a decision on the seizure of title documents (subject to sanctioning by the prosecutor) in accordance with Annex 39 to this order.
40) a decision on the demand for information on the numbers of bank accounts and availability of money on them, information on the nature and value of property held in banks, organizations engaged in certain types of banking transactions, as well as in insurance organizations, and the seizure of them (subject to sanctioning by the prosecutor)in accordance with Annex 40 to this order;
41) a decision on adoption of measures to ensure the enforcement document in accordance with Annex 41 to this order;
42) a decision to put the debtor on the wanted list in accordance with Annex 42 to this order.
Footnote. Paragraph 1-is in the wording of the Order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).2. To declare the order of the Minister of Justice of the Republic of Kazakhstan dated December 25, 2018 No. 1620 as invalid (registered in the Register of state registration of regulatory legal acts under No. 18226, published on February 7, 2019 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).
3. The Department for execution of judicial acts in the manner prescribed by law to ensure:
1) state registration of this order;
2) within ten calendar days from the date of registration of this order, its sending in the Kazakh and Russian languages to the Republican state enterprise on the basis of the right of economic management “Republican Legal Information Center” for official publication and inclusion in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan;
3) placement of this order on the official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.
4. The supervising deputy Minister of Justice of the Republic of Kazakhstan shall be authorized to oversee the execution of this order.
5. This order shall come into force on April 24, 2019 and shall be subject to official publication.
|
Minister of Justice of the Republic of Kazakhstan |
M. Beketayev |
| Annex 1 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Decision on initiation of enforcement proceedings
Footnote. Annex 1 – is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" ________ 20_____________________________________________________
(name of city, district)
State bailiff
________________________________________________________________________
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of a bailiff)
having considered ______________________________ №________ dated "____"__________ 20___
(indicate the name of the enforcement document number and date of the enforcement document)
about ______________________________________________________________________________
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
(full name of a legal entity, for an individual - surname, name, patronymic (if any), their identification numbers)
received from _________________________________________________________________
(indicate the name of the court or body that issued the enforcement document)
"____" ______________________ 20__
(indicate the date of receipt of the enforcement document to the state bailiff)
ESTABLISHED:
The enforcement document complies with the requirements for enforcement documents established by the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs" (hereinafter- the Law).
The deadline for submission of an enforcement document has not expired.
Based on the foregoing, guided by paragraph 4 of Article 37, subparagraph 1) of paragraph 1 of Article 126 of the Law,
RESOLVED:
1. To initiate enforcement proceedings.
2. To assign the enforcement proceedings№ ________.
3. To warn
________________________________________________________________________________
(surname, name and patronymic (if any) of an individual or the head of a legal entity that is a debtor)
on administrative and criminal liability for non-execution of an enforcement document by sending a notification.
4. To notify the parties to the enforcement proceedings or their representatives about the decision taken.
5. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions. State bailiff ______________________________________
(signature, surname, initials)
Place for seal
| Annex 2 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Decision on refusal to initiate enforcement proceedings
Footnote. Annex 2 – is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" ________ 20_____________________________________________________
(name of city, district)
State bailiff
________________________________________________________________________
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of a bailiff)
having considered ______________________________ №________ dated "____"__________ 20___
(indicate the name of the enforcement document number and date of the enforcement document)
about ______________________________________________________________________________
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
(full name of a legal entity, for an individual - surname, name, patronymic (if any), their identification numbers)
received from _________________________________________________________________
(indicate the name of the court or body that issued the enforcement document)
"____" ______________________ 20__
(indicate the date of receipt of the enforcement document to the state bailiff)
ESTABLISHED:
__________________________________________________________________________
(indicate the grounds for refusal to initiate enforcement proceedings, with reference to the norms of the current Law or other regulatory legal act)
Based on the foregoing, guided by paragraph 1 of Article 10, subparagraph a) of paragraph 1 of Article 38, Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs" (hereinafter - the Law),
RESOLVED:
1. To refuse to initiate enforcement proceedings.
2. To send a copy of the decision with all received documents to
_______________________________________________________________________________.
(surname, name and patronymic (if any) of an individual, name of a legal entity to whom the enforcement document is returned, their addresses)
3. To explain that the elimination of the circumstances provided for in the sub-paragraphs 1), 2), 3), 4) and 6) paragraph 1 of Article 38 of the Law, does not prevent re-direction (presentation) of the enforcement document to the bailiff in the manner established by this Law.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _____________________________________
(signature, surname, initials)
Place for seal
| Annex 3 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Decision on amendments to the previously issued decision
Footnote. Annex 3- is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" ________ 20_____________________________________________________
(name of city, district)
State bailiff
________________________________________________________________________
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of a bailiff)
having considered the materials of enforcement proceedings ______________________________ №________ dated "____"__________ 20___
(indicate the name of the enforcement document number and date of the enforcement document)
about ______________________________________________________________________________
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of ____________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
__________________________________________________________________________
(grounds for making amendments to the decision with reference to the norms of the current Law or other normative legal act)
Based on the foregoing, guided by paragraph 3 of Article 10, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To make the following amendments: _____________________________________________________
to the decision on “ _____________________________________” dated "___"_______20______
(name of the decision)
2. To inform the parties to the enforcement proceedings or their representative about the decision taken
3. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _____________________________________
(signature, surname, initials)
Place for seal
| Annex 4 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
Decision on cancellation of the decision of the state bailiff
Footnote. Annex 4 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"___" ___________ 20___ year _______________________________________________
(name of the city, district)
Head of the territorial division -senior bailiff
_______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the senior bailiff)
having considered _____________________________________________________________________
(indicate the date of receipt of the correspondence,
_______________________________________________________________________________ ,
name of the addressee, the essence of the appeal, the act of prosecutor's supervision, the judicial act)
ESTABLISHED:
In the proceedings of the state bailiff
________________________________________________________________________________
(surname, name and patronymic (if any) of the bailiff)
there is an enforcement _________________________________________
(requirement of the enforcement document, data of the plaintiff and the debtor)
(full name of the legal entity, for an individual -name, surname, patronymic (if any)
______________________________________________________ dated "__" __________20_____.
________________________________________________________________________________
(indicate the ground for cancellation of the bailiff's decision)
Based on the foregoing, guided by paragraph 4 of Article 10, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To cancel the decision from "__" ______20__ about __________________________,
(name of the canceled decision)
issued as part of enforcement proceedings No. ___ dated "__"____20______.
2. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
3. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
Head of the territorial division - senior bailiff
_________________________________ ________________________________________
(name of the territorial body) (signature, surname and initials)
Place for seal
| Annex 5 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
Decision on participation of a translator in enforcement proceedings
Footnote. Annex 5 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" ________ 20__year ___________________________________________________
(name of the city, district)
State bailiff
________________________________________________________________________
(name of the territorial division of the department of Justice, surname, first name and patronymic (if any) the bailiff),
having considered the materials of enforcement proceedings No. ___ dated "__" ______ 20___
about ____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of _____________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
The party (parties) to enforcement proceedings ___________________________________
(surname, name and patronymic (if any), IIN of an individual, name of a legal entity, BIN)
have declared on the need for participation of a translator in the enforcement proceedings.
Guided by paragraph 1 of Article 10, Article 22, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs "(hereinafter-the Law),
RESOLVED:
1. To assign a translator ___________________________________________________.
(surname, name and patronymic (if any) of an individual)
2. To warn the translator
_____________________________________________________________________________________ (surname, name and patronymic (if any) about liability for knowingly incorrect translation in accordance with the laws of the Republic of Kazakhstan ________________________________________________________________________ (translator's signature, surname, name and patronymic (if any)
3. To explain the translator that according to paragraph 2 of Article 22 of the Law, the translator shall have the right to remuneration for his/her work. The remuneration paid to him/her relates to the expenses for performing enforcement actions.
4. To inform the parties to the enforcement proceedings or their representatives about the decision taken.
5. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff ___________________________________
(signature, surname, initials)
Place of seal
| Annex 6 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
Decision on participation of a specialist in enforcement proceedings
Footnote. Annex 6 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" ________ 20__year ____________________________________________________
(name of the city, district)
State bailiff
_________________________________________________________________________
(name of the territorial division of the department of Justice, surname, first name and patronymic (if any) of the bailiff),
having considered the materials of enforcement proceedings No. ___ dated "__" ______ 20______
about______________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of ______________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
__________________________________________________________________________
(indicate the grounds for attracting a specialist, with reference to the norms of the current Law "On Enforcement Proceedings and the Status of Bailiffs" (hereinafter-the Law)
or other regulatory legal act)
Based on the foregoing, guided by paragraph 1 of Article 10, Articles 24, 68, 126 of the Law,
RESOLVED:
1. To assign a specialist ___________________________________________________.
(surname, name and patronymic (if any) of an individual)
2. To warn a specialist ________________________________________________
(surname, name and patronymic (if any)
about the liability for giving the wrong conclusions in accordance with the laws of the Republic of Kazakhstan
_______________________________________________________________________________.
(signature of the specialist, surname, name and patronymic (if any)
3. To explain the specialist that according to paragraph 3 of Article 24 of the Law, specialists shall have the right to remuneration for the performance of work carried out in connection with performance of enforcement actions. This remuneration and other costs for attracting specialists relate to the expenses for performing enforcement actions.
4. To inform the parties to the enforcement proceedings or their representatives about the decision taken.
5. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedure legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff ___________________________________
(signature, surname, initials)
Place for seal
| Annex 7 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
| I HEREBY APPROVE | |
| Head of the territorial | |
| division-senior bailiff | |
| ____________________________ | |
| (name of the territorial division) | |
| ____________________________ | |
| (signature, name and initials) | |
| "__" ________________ 20___ | |
| Place for seal |
Decision on recusal (self-recusal) of an interpreter (specialist)
Footnote. Annex 7 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"___" ___________ 20_____ ____________________________________________
(name of the city, district)
State bailiff ___________________________________
_____________________________________________________________________________
(name of the territorial division of the department of Justice, surname, name and patronymic(if any) of the bailiff),
having considered the application (appeal) _______________________________________________,
(surname, name and patronymic (if any), IIN of an individual, name of the legal entity, surname, name and patronymic (if any),
IIN of the head of the legal entity) on recusal (self-recusal) of the translator, specialist
__________________________________________________________________ , participating
(surname, name and patronymic (if any))
in enforcement proceedings, _________________________________________________
(number, date and type of enforcement proceedings)
ESTABLISHED:
__________________________________________________________________________
(ground for the recusal (self-recusal) with reference to the norms of the current Law or other regulatory legal act)
Based on the foregoing, guided by paragraph 1 of Article 10, Article 54, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To satisfy the application ___________________ on the recusal (self-recusal) of the translator (specialist)
(surname, name and patronymic (if any))
_______________________________________________________________________________
(surname, name and patronymic (if any))
2. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
3. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested to the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _____________________________________
(signature, surname and initials)
Place for seal
| Annex 8 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
Decision on recusal (self-recusal) of the state bailiff
Footnote. Annex 8 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"___" ___________ 20_____ __________________________________________
(name of the city, district)
Head of the territorial division -senior bailiff
___________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the senior bailiff)
having considered the application on recusal (self-recusal) of the state bailiff
_____________________________________________________________________________
(surname, name and patronymic (if any))
from participation in enforcement proceedings No. ___ dated "______" __________20___ .
ESTABLISHED:
__________________________________________________________________________
(grounds for recusal (self-recusal) with reference to the norms of the current Law or other regulatory legal act)
Based on the foregoing, guided by paragraph 1 of Article 10, paragraph 3 of Article 54, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To satisfy the application _________________________________________ on recusal (self-recusal)
(surname, name and patronymic (if any)) of the state bailiff ______________________________________
(surname, name and patronymic (if any)
2. To transfer the enforcement proceedings for further performance to the state bailiff
_______________________________________________________________________________.
(surname, name and patronymic (if any))
3. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
Head of the territorial division -senior bailiff
____________________________________ _____________________________________
(name of the territorial body) (signature, surname and initials)
Place for seal
| Annex 9 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
Decision on refusal in recusal the state bailiff
Footnote. Annex 9 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"___" __________ 20__ year _________________________________________________
(name of the city, district)
Head of the territorial division-senior bailiff
________________________________________________________________________________
(name of the territorial division of the department of Justice, (surname, name and patronymic (if any) of the senior bailiff),
having considered the application on recusal of the state bailiff
_______________________________________________________________________________
(surname, name and patronymic (if any))
from participation in enforcement proceedings No. _____ dated "____"___________20___.
ESTABLISHED:
________________________________________________________________________________
(grounds for refusal in recusal with reference to the norms of the current Law or other regulatory legal act)
The study of materials of the enforcement proceedings and the collected materials indicates that there are no grounds for recusal of the state bailiff.
Based on the foregoing, guided by paragraph 1 of Article 10, Article 54, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To refuse in recusal of the state bailiff ____________________
(surname, name and patronymic (if any))
2. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
3. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
Head of the territorial division -senior bailiff
____________________________________ _____________________________________
(name of the territorial body) (signature, surname and initials)
Place for seal
| Annex 10 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Decision on involvement of employees or divisions of internal affairs bodies to ensure execution of enforcement documents
Footnote. Annex 10 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"___" ___________ 20_____ _______________________________________________
(name of the city, district)
State bailiff _____________________________________
______________________________________________________________________________,
(name of the territorial division of the department of Justice, (surname, name and patronymic(if any))
having considered the materials of enforcement proceedings No. ____dated "__" ______20______
about
_____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of _____________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
________________________________________________________________________
(the ground for involvement of an employee (s) or a division of internal affairs bodies with
reference to the norms of the current Law or other regulatory legal act)
Based on the foregoing, guided by paragraph 1 of Article 10, Article 26, subparagraph 1), 15) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan of April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs" (hereinafter - the Law), subparagraph 36) of paragraph 1 of Article 6 of the Law of the Republic of Kazakhstan of April 23, 2014 " On Internal Affairs Bodies of the Republic of Kazakhstan",
RESOLVED:
1. To involve an employee (s) or a division of internal affairs bodies to ensure the execution of enforcement documents.
2. To send the decision for execution ___________________________________
(name of the division of internal affairs bodies)
3. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
4. To inform the bailiff about the results of execution of the decision at the address:
__________________________________________________________________________
(address, phone number, if necessary, e-mail address)
5. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff ______________________________________
(signature, surname and initials)
Place for seal
Decision on bringing a person evading to appear to the bailiff
Footnote. Annex 11 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"___" ___________ 20_____ ______________________________________________
(name of the city, district)
State bailiff ____________________________________
______________________________________________________________________________,
(name of the territorial division of the department of Justice (surname, name and patronymic (if any) of a bailiff)
_______________________________________________________________________________
having considered the materials of enforcement proceedings No. ______ dated "__" ________ 20_____
about _____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of _____________________________________________________
(name of the enforcement document, name of the court or body, that issued the enforcement document, date of issue)
ESTABLISHED:
_________________________________________________________________________
(the ground for bringing the person with reference to the norms of the current Law or other regulatory legal act)
Based on the foregoing, guided by paragraph 1 of Article 10, paragraph 5 of Article 27, Article 35-1, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs", subparagraph 36) of paragraph 1 of Article 6 of the Law of the Republic of Kazakhstan dated April 23, 2014 " On Internal Affairs bodies of the Republic of Kazakhstan",
RESOLVED:
1. To provide a forced bringing
_____________________________________________________________________________,
(surname, name and patronymic (if any), IIN of an individual, surname, name and patronymic
(if any), IIN of the head of a legal entity) living (working)
______________________________________________________________________________.
(address at the place of registration (residence)
of the individual, location of the legal entity) to the building ___________________
office____________________________ to ______ o'clock of the local time.
(name, territorial division of the department of Justice, legal address)
2. The send the decision to assist in ________________________
(name of the internal affairs body)
3. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
4. To inform the debtor about the forced bringing _____________________________
(address, phone number, if necessary, e-mail address)
5. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedure legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
Note: the decision shall be subject to sanctioning in writing or in the form of an electronic document. In this case, the form of an electronic document may be changed. The electronic digital signature of the judge, as well as his/her surname, name, patronymic (if any), date of signature, name of the court shall be placed on the left side of the document. In the upper right corner, the stamp "Sanctioning", name of the court, surname, initials of the judge, as well as the date are not indicated.
State bailiff ___________________________________
(signature, surname and initials)
Place for seal
Decision on temporary restriction on the departure of an individual,
head (acting head) of a legal entity being a debtor from the Republic of Kazakhstan
Footnote. Annex 12 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20_____ __________________________________________________
(name of the city, district)
State bailiff ______________________________________
_______________________________________________________________________________,
(name of the territorial division of the department of Justice, (surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings №_________ from "__"_____20___
about _____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of _____________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
______________________________________________________________________________
(the ground for applying a temporary restriction on the debtor's departure from the Republic of Kazakhstan,
bringing of a person with reference to the norms of the current Law or other regulatory legal act)
Based on the foregoing, guided by paragraph 1 of Article 10, paragraph 1 of Article 33, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To restrict temporarily departure _______________________________________________,
(surname, name and patronymic (if any) of the debtor-an individual, IIN, surname, name and patronymic (if any), IIN of the head of a legal entity)
who is a debtor (head (acting head) of a legal entity), from the Republic of Kazakhstan.
2. To send the decision of the bailiff on temporary restriction on the departure from the Republic of Kazakhstan for execution to the Border service of the National Security Committee of the Republic of Kazakhstan through the state automated information system of the enforcement proceedings bodies.
3. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
Note: the decision shall be subject to sanctioning in writing or in the form of an electronic document. In this case, the form of an electronic document may be changed. The electronic digital signature of the judge, as well as his/her surname, name, patronymic (if any), date of signature, name of the court shall be placed on the left side of the document. In the upper right corner, the stamp "Sanctioning", name of the court, surname, initials of the judge, as well as the date are not indicated.
State bailiff ______________________________________
(signature, surname and initials)
Place for seal
Decision on suspension of temporary restriction on departure of an individual, the head
(acting head) of a legal entity being a debtor from the Republic of Kazakhstan
Footnote. Annex 13 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"___" ___________ 20_____ _____________________________________________
(name of the city, district)
State bailiff ___________________________________
_____________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No.______ dated "__" ______ 20___
about _____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of ____________________________________________________
((name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
______________________________________________________________________________
(the ground for suspension of temporary restrictions on the departure of the debtor)
______________________________________________________________________________
and the grounds for the need of treatment outside the Republic of Kazakhstan)
Based on the foregoing, in accordance with paragraph 1 of Article 10, paragraph 3 of Article 33, paragraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To suspend the temporary restriction on departure
______________________________________________________________________________,
(surname, name and patronymic (if any) of the debtor-an individual, IIN, surname, name and
patronymic (if any), IIN of the head of a legal entity) being the debtor (head (acting head) of a legal entity),
from the Republic of Kazakhstan for treatment from "___" _______ 20____ to "__"_______ 20_____.
2. To send the a decision of the bailiff for execution to the Border service of the National Security Committee of the Republic of Kazakhstan through the state automated information system of the enforcement proceedings bodies.
3. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
Note: the decision shall be subject to sanctioning in writing or in the form of an electronic document. In this case, the form of an electronic document may be changed. The electronic digital signature of the judge, as well as his/her surname, name, patronymic (if any), date of signature, name of the court shall be placed on the left side of the document. In the upper right corner, the stamp "Sanctioning", name of the court, surname, initials of the judge, as well as the date are not indicated.
State bailiff ______________________________________
(signature, surname and initials)
Place for seal
| Annex 14 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Decision on the removal of temporary restriction on the departure of an individual,
the head (acting head) of a legal entity being debtor from the Republic of Kazakhstan
Footnote. Annex 14 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__ year __________________________________________________
(name of the city, district)
State bailiff _____________________________________
______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. ____ dated "__" ______ 20___
about ____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of _____________________________________________________
((name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
________________________________________________________________________
(the ground for removal, cancellation of temporary restriction on the departure of an individual, the
head (acting head) of a legal entity being a debtor from the Republic of Kazakhstan)
Based on the foregoing, guided by paragraph 1 of Article 10, subparagraph ____) of paragraph 4 of Article 33, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To remove the temporary restriction on the departure _____________________________________,
(surname, name and patronymic (if any) of the debtor-an individual, IIN, surname, name and patronymic (if any), IIN of the head of a legal entity) being
the debtor (head (acting head) of a legal entity) from the Republic of Kazakhstan.
2. To send the decision of the bailiff for execution to the Border service of the National Security Committee of the Republic of Kazakhstan through the state automated information system of the enforcement proceedings bodies.
3. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff ______________________________________
(signature, surname and initials)
Place for seal
| Annex 15 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Decision on suspension of enforcement proceedings
Footnote. Annex 15 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__year ______________________________________________
(name of the city, district)
State bailiff ____________________________________
_____________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. _____dated "__" ______20___
about ______________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of _____________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
_________________________________________________________________________
(the ground for suspension of enforcement proceedings)
Based on the foregoing, guided by paragraph 1 of Article 10, subparagraph___) of Articles 42, 44, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To suspend enforcement proceedings until ___________________________.
2. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff ______________________________________
(signature, surname and initials)
Place for seal
| Annex 16 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Decision on resumption of enforcement proceedings
Footnote. Annex 16 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__year ______________________________________________
(name of the city, district)
State bailiff ____________________________________
_____________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. _____dated "__" ______20___
about ______________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of _____________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
_________________________________________________________________________
(the ground for resumption of enforcement proceedings)
Based on the foregoing, guided by paragraph 1 of Article 10, Article 46, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To resume enforcement proceedings No.______ dated "____"_____20____.
2. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff ______________________________________
(signature, surname and initials)
Place for seal
| Annex 17 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Decision on termination of enforcement proceedings
Footnote. Annex 17 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__year ______________________________________________
(name of the city, district)
State bailiff ____________________________________
_____________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. _____dated "__" ______20___
about ______________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of _____________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
________________________________________________________________________
(the ground for termination of enforcement proceedings)
Based on the foregoing, guided by paragraph 1 of Article 10, subparagraph __) of paragraph 1 of Article 47, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs "(hereinafter-the Law),
RESOLVED:
1. To terminate enforcement proceedings No. _____ dated "____"_______ 20____
about ____________________________________________________________________________.
(the requirement of the enforcement document, data of the plaintiff and the debtor
(full name of a legal entity, for an individual- surname, name, patronymic (if any)
2. In accordance with Article 49 of the Law, the enforcement proceedings shall be considered completed.
3. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
5. In accordance with paragraph 2 of Article 47 of the Law, the terminated enforcement proceedings may not be initiated again, except in cases where the court restores the deadline for presenting the enforcement document for execution or recognizes the actions of the bailiff for execution of the enforcement document, the proceedings on which are terminated, as illegal.
6. To cancel the measures to ensure execution of the enforcement document.
7. To inform the debtor of the need to repay the enforcement sanction in accordance with Article 124 of the Law.
State bailiff ______________________________________
(signature, surname and initials)
Place for seal
| Annex 18 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Standard form of the decision on return of an enforcement document to the plaintiff
Footnote. Annex 18 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__year ______________________________________________
(name of the city, district)
State bailiff ____________________________________
_____________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. _____dated "__" ______20___
about ______________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of _____________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
________________________________________________________________________
(the ground for return of the enforcement document)
Based on the foregoing, guided by paragraph 1 of Article 10, subparagraph ___) of paragraph 1 of Article 48, Article 49, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs "(hereinafter-the Law),
RESOLVED:
1. To return the enforcement document on ___________________________________
(requirement of the enforcement document)
______________________________________________________________________________
surname, name and patronymic (if any) of an individual, name of a legal entity, court, authorized body, address to which the enforcement document is returned)
2. In accordance with Article 49 of the Law, the enforcement proceedings shall be considered completed.
3. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
5. To explain that, in accordance with paragraph 2 of Article 48 of the Law, the return of the enforcement document to the plaintiff is not an obstacle to the re-presentation of this document for execution within the statutory limitation period for execution.
State bailiff ______________________________________
(signature, surname and initials)
Place for seal
Standard form of the decision on foreclosure on property
Footnote. Annex 19 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20____ _________________________________________________
(name of the city, district)
State bailiff ___________________________________________
______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No._____ dated "__" ________ 20___
about ___________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor) initiated on the basis of
____________________________________________________________________________
((name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
__________________________________________________________________________
(the ground for foreclosure of the property, with reference to the norms of the current Law or other regulatory legal act)
Based on the foregoing, guided by paragraph 1 of Article 10, Article 55, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To foreclose the property _________________________________________,
(name of the property)
belonging to _________________________________________________________________,
(surname, name and patronymic (if any) of the debtor-an individual, IIN, name of a legal entity, BIN)
located
_______________________________________________________________________________.
(indicate the location of the property)
2. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
3. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
Note: the decision shall be subject to sanctioning in writing or in the form of an electronic document. In this case, the form of an electronic document may be changed. The electronic digital signature of the prosecutor, as well as his/her surname, name, patronymic (if any), date of signature, name of the prosecutor's office shall be placed on the left side of the document. In the upper right corner, the stamp "Sanctioning", name of the prosecutor's office, surname, initials of the prosecutor, as well as the date are not indicated.
State bailiff ______________________________________
(signature, surname and initials)
Place for seal
| Annex 20 to the order of the Minister of Justice Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Standard form of the decision on appointment of an appraiser for assessment of the seized property or an order for assessment of the debtor's property by one of the parties to the enforcement proceedings
Footnote. Annex 20 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20____ _________________________________________________
(name of the city, district)
State bailiff ___________________________________________
______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No._____ dated "__" ________ 20___
about ___________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of ____________________________________________________________________________
((name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
__________________________________________________________________________
(the ground for attracting a specialist to participate))
Based on the foregoing, guided by paragraph 1 of Article 10, Articles 24, 68, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To appoint a specialist for the assessment of the seized property (to instruct to conduct
assessment of the property of one of the parties to the enforcement proceedings) belonging to the
debtor _____________________________________________________________________
______________________________________________________________________________.
(surname, name and patronymic (if any) of the debtor-an individual, IIN, name of a legal entity BIN)
2. To warn a specialist ____________________________ about the responsibility for giving
a false conclusion in accordance (surname and initials) in accordance with the laws of the Republic of Kazakhstan
____________________________________.
(signature of the specialist)
3. Payment for the assessment of the seized property of the debtor shall be imposed on the parties to the enforcement proceedings and shall be subsequently reimbursed at the expense of the debtor.
4. To send a copy of this decision to the parties to the enforcement proceedings.
5. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff ______________________________________
(signature, surname and initials)
Place for seal
| Annex 21 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Standard form of the decision on the transfer of seized property for sale
Footnote. Annex 21 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__year ________________________________________________
(name of the city, district)
State bailiff ____________________________________
_____________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. ____ dated "__" ________ 20___
about ____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of ____________________________________________________
((name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
__________________________________________________________________________
(the ground for the transfer of the seized property for sale, indicate in what form the
property is subject to sale (first auction, repeated or on a commission basis)
Based on the foregoing, guided by paragraph 1 of Article 10, Articles 74, 75, 76, 77, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs "(hereinafter-the Law),
RESOLVED:
1. To transfer the following property for sale:
№ п/п |
Name of | Assessed value | Note |
|
2. The costs for the sale of the debtor's property shall be attributed to the costs of performing enforcement actions.
3. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
Annex: a copy of the protocol of the inventory and seizure of the debtor's property.
Note: a copy of the property inventory report shall not be attached in the cases specified in paragraph 2 of Article 63 of the Law.
State bailiff ______________________________________
(signature, surname and initials)
Place for seal
| Annex 22 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Standard form of the decision on the transfer of the debtor's property
Footnote. Annex 22 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__ year _______________________________________________
(name of the city, district)
State bailiff ___________________________________
_____________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. ______dated "__" _____ 20___
about ___________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of ____________________________________________________
((name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
__________________________________________________________________________
(the ground for the transfer of the debtor's property to the plaintiff)
Based on the foregoing, guided by paragraph 1 of Article 10, Articles 55, 74, paragraph 2 of Article 85, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs", Article 44-1 of the Law of the Republic of Kazakhstan dated July 26, 2007 "On State Registration of Rights to Immovable Property",
RESOLVED:
1. To transfer ___________________________________________ the following property:
(surname, name and patronymic (if any) of an individual, IIN, name of the legal entity BIN to whom the property is transferred)
№ п/п | Name of property | Assessed value | Note |
|
2. The costs for the transfer of the debtor's property shall be attributed to the costs of performing enforcement actions.
3. To send the decision of the bailiff for state registration
to _____________________________________________________________________________.
(state registration body)
4. To inform the parties to the enforcement proceedings and their representatives about the decision.
5. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
Annex: Certificate of acceptance and transfer of property.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
| Annex 23 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Standard form of the decision on foreclosure on accounts receivable
Footnote. Annex 23 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__ year ________________________________________________
(name of the city, district)
State bailiff ____________________________________
______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No.______ dated "__" ________ 20___
about _____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of
_______________________________________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
__________________________________________________________________________
(the ground for foreclosure on accounts receivable, name of the court, number and date of the court ruling)
Based on the foregoing, guided by paragraph 1 of Article 10, Articles 55, 86, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To foreclose the accounts receivable of the debtor
_______________________________________________________________________________.
(surname, name and patronymic (if any) of the debtor-an individual, IIN, name of a legal entity, BIN)
2. To transfer (deposit) the amount of receivables to the cash control account of
the territorial body of justice ______________________________________.
(name of the territorial body)
3. To send the decision for execution to __________________________________.
(name of the debtor)
4. To inform immediately the bailiff of the results of execution of the decision at the address:
_______________________________________________________________________________.
(address of the territorial body of justice, if necessary, indicate the e-mail address)
5. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
6. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _________________________________
(signature, surname and initials)Place for seal
| Annex 24 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Standard form of the decision on seizure of a monetary claim, payment on the seized claim,
prohibition on the debtor to accept and dispose monetary claim
Footnote. Annex 24 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__ year _________________________________________________
(name of the city, district)
State bailiff _____________________________________
______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. ______ dated "__" _______ 20______
about ______________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of ______________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
_________________________________________________________________________
(the ground for seizure of the monetary claim, prohibition of the debtor to accept and dispose the monetary claim)
Based on the foregoing, guided by paragraph 1 of Article 10, Articles 89, 91, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To seize the monetary claim of the debtor ___________________________
(surname, name and patronymic (if any) of the debtor-an individual, IIN, name of a legal entity, BIN)
and prohibit to make payments to the debtor ______________________________________________
(name of the debtor, third party)
2. To make a payment on a monetary claim to_____________________________.
(control cash account of the territorial body)
3. To prohibit the debtor to accept and dispose the monetary claim, as well as to change legal relations on the basis of which the receivable arose.
4. To send the decision for execution ________________________ and to the debtor.
(name of the debtor, third party)
The seizure shall be considered imposed from the moment the borrower of the debtor receives the decision of the bailiff on seizure and prohibition of payment to the debtor.
5. The borrower of the debtor must provide information about the nature and content of the seized claims. The borrower of the debtor shall be obliged to give a written response to the bailiff within three days from the date of receipt of the decision. The expenses of the borrower of the debtor for providing information shall be reimbursed by the debtor.
To warn about the liability of the borrower of the debtor, that he/she is responsible to the plaintiff for the losses incurred by the latter as a result of refusal to provide information, the provision of deliberately incorrect or incomplete information.
6. To inform immediately the bailiff of the results of execution of the decision
_____________________________________________________________________________.
(address of the territorial body of justice, if necessary, indicate the e-mail address)
7. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
8. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
| Annex 25 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Standard form of the decision on the foreclosure on wages and other types of income
Footnote. Annex 25 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__ year __________________________________________________
(name of the city, district)
State bailiff ______________________________________
_______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No._______ dated "__" _______ 20___
about _____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of _____________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
_________________________________________________________________________
(the ground for foreclosure on wages and other types of income)
Based on the foregoing, guided by paragraph 1 of Article 10, Articles 93, 95 and 96, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs "(hereinafter-the Law),
RESOLVED:
1. To foreclose on wages and other types of income
_______________________________________________________________________________.
(surname, name and patronymic (if any) of the debtor, IIN)
2. To make a monthly deduction in the amount of _____ % of wages and
other income_____________________________ until the full repayment of the awarded amounts.
(surname, name and patronymic (if any) of the debtor, IIN)
3. To send the decision for execution to the accounting department (the employer) ____________________ ________________________________________
(name of the legal entity)
and explain that in accordance with Article 95 of the Law when foreclosing the wages or other types of income of the debtor on one or several enforcement documents,
at least fifty percent of wages or other income must be retained for the debtor.
At the same time, the amount retained for the debtor must be at least the amount of the subsistence minimum established annually for the corresponding financial year by the law on the republican budget, with the exception of cases of recovery of alimony and compensation for damage caused by injury or other damage to health, as well as the death of the breadwinner.
If several enforcement documents of the same queue are received, the amount of the recovered sum will exceed fifty percent of the total income of the debtor, then the accountant (employer) must make a deduction in proportion to the amount to be received by the plaintiffs.
The accountant (employer) must inform the state bailiff about the unreceived amount.
4. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
5. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
| Annex 26 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Standard form of the decision on foreclosure on scholarships, social insurance benefits
paid in case of temporary disability, unemployment benefits
Footnote. Annex 26 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__ year _________________________________________________
(name of the city, district)
State bailiff _____________________________________
______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. _______ dated "__" _____ 20___
about _____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of
________________________________________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
__________________________________________________________________________
(the ground for foreclosing on social insurance benefits (scholarship, unemployment benefit)
Based on the foregoing, guided by paragraph 1 of Article 10, Article 97, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs "(hereinafter-the Law),
RESOLVED:
1. To foreclosure the scholarship, social insurance benefit paid in case of temporary disability, and the debtor's unemployment benefit
______________________________________________________________________________
______________________________________________________________________________.
(surname, name and patronymic (if any) of the debtor, IIN)
2. To make a monthly deduction in the amount of ______% of the social insurance benefits paid in case of temporary disability (scholarships, unemployment benefits) until the full repayment of the awarded amounts for alimony and compensation for damage caused by injury or other damage to health, death of the breadwinner.
3. To send the decision for execution to the accounting department (the employer) ______________________________________________________________ and
(name of a legal entity)
explain that, in accordance with Article 95 of the Law, when foreclosing on the debtor's wages or other types of income under one or more enforcement documents, the debtor must retain at least fifty percent of wages or other income.
At the same time, the amount retained for the debtor must be at least the amount of the subsistence minimum established annually for the corresponding financial year by the law on the republican budget, with the exception of cases of recovery of alimony and compensation for damage caused by injury or other damage to health, as well as the death of the breadwinner.
If several enforcement documents of the same queue are received, the amount of the recovered sum will exceed fifty percent of the total income of the debtor, then the accountant (employer) must make a deduction in proportion to the amount to be received by the plaintiffs.
The accountant (employer) must inform the state bailiff about the unreceived amount.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
| Annex 27 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Standard form of the decision on determination of the debt
Footnote. Annex 27 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__ year __________________________________________________
(name of the city, district)
State bailiff ______________________________________
_______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. ______ dated "__" _____20___
about _____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of
_______________________________________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
_________________________________________________________________________
(the ground for determining and calculating the amount of debt)
Based on the foregoing, guided by paragraph 1 of Article 10, Article 99, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To determine the amount of debt in the amount of __________________________________.
(indicate the amount of debt)
2. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
3. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
| Annex 28 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Standard form of the decision on distribution of recovered amounts
Footnote. Annex 28 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__ year _________________________________________________
(name of the city, district)
State bailiff _____________________________________
_______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. _____dated "__" ______20___
about ______________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of
________________________________________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document)
ESTABLISHED:
_________________________________________________________________________
(the ground for calculation, distribution of the recovered monetary amounts)
Based on the foregoing, guided by paragraph 1 of Article 10, Article 108, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. The recovered sum in the amount of ______________ to distribute in the following order.
(indicate the amount of the sum)
2. The sum in the amount of __________________ subject to transfer ________________.
(indicate the amount of the sum)
_______________________________________________________________________________.
(full or part of the sum to be transferred to state revenue, for expenses for execution of executive actions or to plaintiffs)
3. To return the remaining sum to the debtor after all claims are satisfied.
4. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
5. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
| Annex 29 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Standard form of the decision on affiliating the foreclosure
Footnote. Annex 29 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__year ___________________________________________________
(name of the city, district)
State bailiff ______________________________________
_______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. ______ dated "__" ______20______
about _____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of
_______________________________________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
________________________________________________________________________
(the ground for affiliating the foreclosure)
Based on the foregoing, guided by paragraph 1 of Article 10, Article 109, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To affiliate for foreclosure the enforcement proceedings on ___________________
______________________________________________________________________________.
(the essence of the requirement of the enforcement document)
2. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
3. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
Standard form of the decision on recovery of expenses for the performance of executive actions
Footnote. Annex 30 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__ year _________________________________________________
(name of the city, district)
State bailiff _____________________________________
_______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. ______ dated "__" ______ 20_____
about ______________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of
________________________________________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
__________________________________________________________________________
(calculation of the amount of expenses, surname, name and patronymic (if any) of an individual, IIN,
name of the legal entity, BIN of those who incurred expenses)
Based on the foregoing, guided by paragraph 1 of Article 10, Article 114, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To collect from the debtor ___________________________________________________
(surname, name and patronymic (if any) of the debtor-an individual, IIN, name of a legal entity, BIN)
the amount of expenses for performing enforcement actions
____________________________ _________________________________________________
in the amount_________________________________________________________________ in favor of
(type of executive actions) (in words)
_______________________________________________________________________________.
(persons or organizations that have incurred these costs)
2. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
3. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
Standard form of the decision on direction of the enforcement document by territoriality
Footnote. Annex 31 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20_____ _________________________________________________
(name of the city, district)
State bailiff _____________________________________
_______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of enforcement proceedings No.______ dated "__" ______20___
about ______________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of
________________________________________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
_______________________________________________________________________
(the ground for direction of the enforcement document by territoriality)
Based on the foregoing, guided by paragraph 1 of Article 10, subparagraph 1) of paragraph 4 of Article 52, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To send the enforcement document and copies of all materials of the enforcement proceedings to
____________________________________________________________________________.
(name of the territorial division of the department of Justice)
2. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
3. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
For further execution of the enforcement document, you should contact
______________________________________________________________________________.
(name of the territorial division, region)
State bailiff ____________________________________
(signature, surname and initials)
Place for seal
Standard form of the decision on direction of the enforcement document to the liquidation commission, the bankruptcy manager, the rehabilitation manager
Footnote. Annex 32 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__ year ________________________________________________
(name of the city, district)
State bailiff _____________________________________
_______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) the bailiff)
having considered the materials of the enforcement proceedings No. ______ dated "__" _______ 20___
about _____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of
________________________________________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
__________________________________________________________________________
(the ground for direction of the enforcement document to the liquidation commission, the bankruptcy manager, the rehabilitation manager)
Based on the foregoing, guided by paragraph 1 of Article 10, subparagraph 6) of paragraph 1 of Article 47, Article 50, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To send the enforcement document to ______________________________________.
(name of the liquidation commission, surname, name and patronymic (if any) of the bankruptcy manager, the rehabilitation manager)
2. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
3. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
| Annex 33 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Standard form of the decision on cancellation of enforcement measures
Footnote. Annex 33 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__ year _______________________________________________
(name of the city, district)
State bailiff ____________________________________
______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. ______ dated "__" ______ 20_______
about ____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of
_______________________________________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
_________________________________________________________________________
(the ground for release from arrest)
Based on the foregoing, guided by paragraph 1 of Article 10, paragraph 2 of Article 47, Article 62, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To cancel the measures of compulsory execution of enforcement document in the form of arrest, prohibition
from ____________________________________________________________________________
(name of the property, including money held in banks, organizations, performing certain types of banking transactions, as well as in insurance organizations)
owned by the debtor
______________________________________________________________________________
(surname, name and patronymic (if any) of the debtor-an individual, IIN, name of the legal entity, BIN)
2. To send the decision for execution to ___________________________________.
(name of the state registration body or a legal entity engaged in banking activities)
3. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
| Annex 34 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Standard form of the decision on prohibition to perform certain actions
Footnote. Annex 34 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__ year _________________________________________________
(name of the city, district)
State bailiff _____________________________________
_______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No.______ dated "__" ______ 20_____
about ______________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of
________________________________________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
_________________________________________________________________________
(ground for prohibition)
Based on the foregoing, guided by paragraph 1 of Article 10, Article 32, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To prohibit the debtor to use the property belonging to him/her by the right of ownership, including money and securities held by him/her or other individuals or legal entities (with the exception of banks and organizations engaged in certain types of banking operations, as well as insurance organizations) within the limits of
______________________________________________________________ tenge (other currency)
(the amount required for execution of the enforcement document, including the payment of execution costs)
2. To prohibit the state registration bodies to perform certain actions against the debtor, including prohibiting the bodies of the legal entity from making a decision, as well as suspending the validity of decisions taken on alienation of movable and immovable property, property and non-property rights, securities and shares in the authorized capital and property of the legal entity.
To provide the information about the execution of the decision to the bailiff.
3. To send the decision for execution to the debtor and to the _______________________.
(name of the body, organization)
4. To inform the parties to the enforcement proceedings, their representatives about the decision taken.
5. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
| Annex 35 to the order of the Minister of Justice of the Republic of Kazakhstan |
|
| dated March 20, 2019 No. 135 |
|
| Standard form |
Standard form of the decision on the recovery of enforcement sanction
Footnote. Annex 35 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__ year _________________________________________________
(name of the city, district)
State bailiff _____________________________________
_______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. ______ dated "__" ______ 20___
about ______________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of
________________________________________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
_________________________________________________________________________
(the ground for the recovery of enforcement sanction)
(сумма прописью)
Based on the foregoing, guided by paragraph 1 of Article 10, paragraph 2 of Article 47, Article 124, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To collect the enforcement sanction to the state revenue from the debtor ____________
________________________________________________________________________________
(surname, name and patronymic (if any) of an individual, IIN, name of a legal entity, BIN)
in the amount of _______________________________________________________________________.
(amount in words)
2. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
3. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
Standard form of the decision on the task of performance certain executive actions and (or) application certain compulsory enforcement measures
Footnote. Annex 36 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__ year ________________________________________________
(name of the city, district)
State bailiff ____________________________________
______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No._____ dated "__" ______ 20___
about _____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of
_______________________________________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
__________________________________________________________________________
(grounds for performing certain enforcement actions and (or) applying certain measures of compulsory enforcement)
Based on the foregoing, guided by paragraph 1 of Article 10, paragraph 3 of Article 52, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To instruct the state bailiff _________________________
(name of the territorial division of the department of Justice) to perform certain executive actions and (or) to apply certain measures of compulsory enforcement ____________________________________________________.
(indicate what actions (measures) need to be performed)
2. To send the decision for execution to ________________________________.
(name of the territorial division of the department of Justice)
3. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
| Annex 37 to the order of the Minister of Justice |
|
| of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Standard form of the decision on the detention of the debtor's vehicle with placement in a special parking lot
Footnote. Annex 37 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__ year ____________________________________________
(name of the city, district)
State bailiff __________________________________
____________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. ______ dated "__" ______ 20______
about ______________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of ______________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
__________________________________________________________________________
(the ground for the detention and placement of the debtor's vehicle in a special parking lot)
Based on the foregoing, guided by paragraph 1 of Article 10, subparagraph 2) of paragraph 2 of Article 32, Article 62, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To detain and place a vehicle of the model in a special parking lot_____
_______________________________________________________________________________,
(vehicle model, year of manufacture, state number)
owned by the debtor ______________________________________________________.
(surname, name and patronymic (if any) of the debtor, IIN, name of the legal entity BIN)
2. To send the decision for execution to __________________________________
(the body executing the decision)
3. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
Standard form of the decision on the seizure of immovable property
Footnote. Annex 38 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20__ year ________________________________________________
(name of the city, district)
State bailiff ____________________________________
______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, first name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. _____ dated "__" ______20______
about ______________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of
________________________________________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
__________________________________________________________________________
(the ground for foreclosure on property, with reference to the norms of the current Law or other regulatory legal act)
Based on the foregoing, guided by paragraph 1 of Article 10, subparagraph 2-1) of paragraph 2 of Article 32, Article 62, subparagraph 1) of paragraph 1 of Article 126 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To seize immovable property ___________________________________________
owned by ________________________________________________________________.
(surname, name and patronymic (if any) of the debtor-an individual, IIN, name of the legal entity, BIN)
2. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
3. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
Note: the decision shall be subject to sanctioning in writing or in the form of an electronic document. In this case, the form of the electronic document may be changed. The electronic digital signature of the prosecutor, as well as his/her surname, name, patronymic (if any), date of signature, name of the prosecutor's office shall be placed on the left side of the document. In the upper right corner, the stamp "Sanctioning", the name of the prosecutor's office, surname, initials of the prosecutor, as well as the date are not indicated.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
Standard form of the decision on the seizure of title documents
Footnote. Annex 39 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20_____ _________________________________________________
(name of the city, district)
State bailiff _____________________________________
_______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. _______dated "__" ______20_____
about _____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of ______________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
__________________________________________________________________________
(the ground for the seizure, with reference to the norms of the current Law or other regulatory legal act)
Based on the foregoing, guided by paragraph 1 of Article 10, subparagraph 6) of paragraph 2 of Article 32, Article 126 of the Law of the Republic of Kazakhstan of April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To seize the title documents ________________________________,
(name of the document)
owned by________________________________________________________________,
(surname, name and patronymic (if any) of the debtor-an individual, IIN, name of a legal entity BIN)
located at: _________________________________________________________
2. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
3. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
Note: the decision shall be subject to sanctioning in writing or in the form of an electronic document. In this case, the form of the electronic document may be changed. The electronic digital signature of the prosecutor, as well as his/her surname, name, patronymic (if any), date of signature, name of the prosecutor's office shall be placed on the left side of the document. In the upper right corner, the stamp "Sanctioning", the name of the prosecutor's office, surname, initials of the prosecutor, as well as the date are not indicated.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
Standard form of the decision on reclamation of information about numbers of
bank accounts and availability of money on them, information about the nature and value of the
property held in banks, organizations carrying out certain types of banking operations,
as well as in insurance organizations, and seizure on them
Footnote. Annex 40 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20_____ ________________________________________________
(name of the city, district)
State bailiff _____________________________________
_______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No. _______ dated "__" ______ 20_____
about ______________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of
________________________________________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
__________________________________________________________________________
(the ground for seizure with reference to the norms of the current Law or other regulatory legal act)
Based on the foregoing, guided by paragraph 1 of Article 10, sub-paragraphs 1-1) of paragraph 2, paragraph 6 of Article 32, Articles 62, 63 and 126 of the Law of the Republic of Kazakhstan of April 2, 2010 "On Enforcement Proceedings and the Status of Bailiffs",
RESOLVED:
1. To provide information about the numbers of bank accounts and availability of money on them, information about the nature and value of property held in banks, organizations carrying out certain types of banking operations, as well as in the debtor's insurance organizations
__________________________________________________________________________
_______________________________________________________________________________,
(surname, name and patronymic (if any) of the debtor-an individual, IIN, name of a legal entity, BIN)
and to seize them within _________________________________________________
_____________________________________________________________tenge (other currency)
(the amount required for execution of the enforcement document, including the payment of execution costs)
2. To send the decision for execution to __________________________________
(name of the body, organization)
and submission of information on execution of this decision.
3. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
Note: the decision shall be subject to sanctioning in writing or in the form of an electronic document. In this case, the form of the electronic document may be changed. The electronic digital signature of the prosecutor, as well as his/her surname, name, patronymic (if any), date of signature, name of the prosecutor's office shall be placed on the left side of the document. In the upper right corner, the stamp "Sanctioning", the name of the prosecutor's office, surname, initials of the prosecutor, as well as the date are not indicated.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
| Annex 41 to the order of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2019 No. 135 |
|
| Standard form |
Standard form of the decision on adoption of measures to ensure the enforcement document
Footnote. Annex 41 - is in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" __________ 20______ ________________________________________________
(name of the city, district)
State bailiff _____________________________________
_______________________________________________________________________________,
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff)
having considered the materials of the enforcement proceedings No.______ dated "__" ______ 20______
about ______________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of ______________________________________________________
(name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
_________________________________________________________________________
(the ground for seizure)
Based on the foregoing, guided by paragraph 1 of Article 10, subparagraph 1) of paragraph 2, paragraph 3 of Article 32, Articles 62, 63, 65 and 126 of the Law of the Republic of Kazakhstan of April 2, 2010 "On Enforcement Proceedings and the status of bailiffs",
RESOLVED:
1. To seize the property of the debtor ____________________________________
________________________________________________________________________________
(surname, name and patronymic (if any) of the debtor-an individual, IIN, name of a egal entity, BIN)
within _____________________________________________________ tenge (other currency)
(the required amount for the execution of the enforcement document, including the payment for execution costs)
2. To send the decision for execution to _________________________________
(name of the body or organization)
and providing information on execution of this decision.
3. To inform the parties to the enforcement proceedings and their representatives about the decision taken.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
State bailiff ____________________________________
(signature, surname and initials)
Place for seal
Standard form of the decision to put the debtor on the wanted list
Footnote. The order was supplemented with Annex 42 in accordance with the order of the Minister of Justice of the Republic of Kazakhstan dated 05.10.2020 No. 438 (shall be enforced after the day of its first official publication).
"__" ________ 20__year _____________________________________________________
(name of the city, district)
State bailiff_______________________________________
(name of the territorial division of the department of Justice, surname, name and patronymic (if any) of the bailiff),
having considered the materials of enforcement proceedings No.______ dated "__" ______ 20___
about____________________________________________________________________________,
(indicate the requirement of the enforcement document, data of the plaintiff and the debtor)
initiated on the basis of
_____________________________________________________________________________
((name of the enforcement document, name of the court or body that issued the enforcement document, date of issue)
ESTABLISHED:
__________________________________________________________________________
(the grounds for putting the debtor on the wanted list, with reference to the norms of the current Law of the Republic of Kazakhstan dated April 2, 2010
"On Enforcement Proceedings and the Status of Bailiffs" (hereinafter-the Law) or other regulatory legal act)
Based on the foregoing, guided by paragraph 1 of Article 10, Article 45, Article 126 of the Law,
RESOLVED:
1. To put on the wanted list _______________________________________________________,
(surname, name and patronymic (if any) of the debtor-an individual, IIN, surname, name and patronymic (if any)
of the head of a legal entity, IIN) being the debtor (head (acting head) of a legal entity).
2. To send the decisions of the bailiff on putting the debtor on the wanted list for execution to the territorial bodies of internal affairs, the anti-corruption service, the economic investigation service of the Republic of Kazakhstan.
3. To inform the parties to the enforcement proceedings or their representatives about the decision taken.
4. The decision of the bailiff shall enter into force from the date of its issuance, shall be subject to mandatory execution and may be appealed, protested in the court within ten working days in accordance with the civil procedural legislation of the Republic of Kazakhstan.
The complaint shall be filed at the place of execution of the enforcement actions, if the territorial area served by the bailiff is in the same locality as the place of execution of the enforcement actions.
Note: the decision shall be subject to sanctioning in writing or in the form of an electronic document. In this case, the form of the electronic document may be changed. The electronic digital signature of the prosecutor, as well as his/her surname, name, patronymic (if any), date of signature, name of the prosecutor's office shall be placed on the left side of the document. In the upper right corner, the stamp "Sanctioning", the name of the prosecutor's office, surname, initials of the prosecutor, as well as the date are not indicated.
State bailiff _________________________________
(signature, surname and initials)
Place for seal
