Unofficial translation
Under paragraph 2 of Article 148, paragraph 2 of Article 162 of the Law “On Enforcement Proceedings and the Status of Bailiffs” and sub-paragraph 2) of paragraph 3 of Article 16 of the Law of the Republic of Kazakhstan “On State Statistics” I HEREBY ORDER:
Footnote. The preamble - as reworded by order of the Acting Minister of Justice of the Republic of Kazakhstan No. 1086 of 30.12.2022 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).1. To approve the attached forms and terms for provision of information:
1) by private bailiffs to the regional chamber of private bailiffs and the authorized body and (or) its territorial body, according to Appendix 1 to this order;
2) by regional chambers of private bailiffs to the Republican chamber and territorial bodies of the authorized body, according to Appendix 2 to this order.
2. To recognize as invalid some of the orders of the Minister of Justice of the Republic of Kazakhstan, according to Appendix 3 to this order.
3. The Department for execution of judicial acts of the Ministry of Justice of the Republic of Kazakhstan shall ensure:
1) state registration of this order;
within ten calendar days from the date of state registration of this order, sending it in the Kazakh and Russian languages to the Republican state enterprise on the right of economic management “Institute of Legislation and Legal Information of the Republic of Kazakhstan” for official publication and inclusion to the Standard control bank of regulatory legal acts of the Republic of Kazakhstan;
3) placement of this order on the Internet resource of the Ministry of Justice of the Republic of Kazakhstan.
4. Control over execution of this order shall be assigned to the director of the Department for execution of judicial acts of the Ministry of Justice of the Republic of Kazakhstan.
5. This order shall be enforced upon expiry of ten calendar days after its first official publication.
| Minister of Justice | M. Beketayev |
| Appendix 1 to the order of the Minister of Justice dated June 13, 2019 № 259 |
To be filed to: the Ministry of Justice of the Republic of Kazakhstan
The form designed for the collection of administrative data
The administrative data form is available on the internet resource: https://www.gov.kz
Data on the execution of enforcement proceedings for the recovery of alimony payments and bringing debtors to justice
Footnote. Appendix 1 - as reworded by order of the Acting Minister of Justice of the Republic of Kazakhstan No. 1086 dated 30.12.2022 (shall become effective ten calendar days after the date of its first official publication).
Reporting period 20__
Index: 1- (Enforcement proceedings)
Frequency: quarterly
Persons submitting data: regional chambers of private bailiffs, territorial justice authorities.
Deadline for submission of the administrative data form: - not later than the 4th (fourth)
day of the month following the reporting period.
1. Number of debtors prosecuted under the materials of private bailiffs
S/o No. | Region | Code according to the classifier of administrative-territorial facilities | Article of the Criminal Code of the Republic of Kazakhstan | Number of offences recorded in the Unified Register of Pre-Trial Investigations in the reporting period | Number of terminated criminal cases on non-rehabilitative grounds | Number of terminated criminal cases on rehabilitative grounds | Number of criminal cases sent to court | Remaining criminal cases |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
Article 139 | ||||||||
Article 430 |
2. Data on execution of enforcement documents on alimony recovery by court bailiffs
S/o No. | Region | Code according to the classifier of administrative-territorial facilities | Number of enforcement proceedings outstanding at the end of the reporting period, including columns 5, 6, 7, 8, 10 | Of which, enforcement documents that are under periodic execution | Number of enforcement documents where alimony is paid independently | Number of problematic enforcement documents on alimony recovery of which: |
Number of debtors brought to administrative responsibility |
Number of submissions to the internal affairs authorities | ||||
Number of current maintenance payments | Number of current maintenance payments in arrears | Number of enforcement documents where arrears of alimony over 3 months are partially repaid voluntarily | Number of enforcement documents for which debts are not repaid at all | |||||||||
quantity | sum owed (KZT) | quantity | sum owed (KZT) | |||||||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 |
Table continued
Number of travel bans issued against Berkut debtors | Number of documents where arrears are not paid and assets from column 10 are identified | Number of enforcement proceedings where measures were taken to assess and realise property |
14 | 15 | 16 |
__________________________________________ ____________
(Surname, first name, patronymic (if any) (signature)
of the head of the territorial body of justice)
__________________________________________ ____________
(Surname, first name, patronymic (if any) of the employee, (signature)
responsible for compiling the information)
Clarification on the completion of the form for the collection of administrative data Data on the execution of enforcement proceedings for the recovery of alimony payments and bringing debtors to justice (Index 1-(Enforcement Proceedings), frequency quarterly) Chapter 1. General provisions
1. This Clarification sets out unified requirements for completing the form designed to collect administrative data “Data on the Implementation of Enforcement Proceedings for the Recovery of Maintenance Payments and Bringing Debtors to Account”.
2. The Form shall be signed by the head of the territorial body of justice and the official in charge of compiling the data and shall be filed with the Ministry of Justice of the Republic of Kazakhstan not later than the 4th (fourth) day of the month following the reporting period.
Chapter 2. Clarification on filling in the form
3. The data shall be filled in by private bailiffs for the relevant quarter of the current year.
When completing section 1, the following data shall be entered:
column 1 of the form shall contain the serial number;
column 2 of the form shall include the names of regions;
column 3 of the form shall specify the code of the classifier of the administrative territorial facility;
column 4 of the form shall show the articles of the Criminal Code of the Republic of Kazakhstan;
column 5 of the form shall reflect the number of offences registered in the Unified Register of Pre-Trial Investigations in the reporting period;
column 6 of the form shall indicate the number of cases terminated on non-rehabilitative grounds.
column 7 of the form shall include the number of cases dismissed on rehabilitative grounds.
column 8 of the form shall show the number of criminal cases sent to the court for consideration.
The remaining amount of criminal cases shall be entered in column 9 of the form.
4. When completing section 2, the following data shall be stated:
column 1 of the form shall reflect the numbering
regions shall be indicated in column 2 of the form.
column 3 of the form shall specify the codes of the classifier of administrative territorial facilities.
column 4 of the form shall contain the number of enforcement proceedings outstanding at the end of the reporting period, including columns 5, 6, 7, 8 and 10.
columns 5-6 of the form shall show the number of enforcement documents in periodic execution (for current alimony and arrears).
column 7 of the form shall show the number of enforcement documents under which alimony is paid independently.
columns 8-11 of the form shall reflect the number and amount of enforcement documents, where arrears of alimony over 3 months are partially repaid voluntarily, as well as for which the arrears are not repaid at all
column 12 of the form shall show the number of debtors brought to administrative responsibility under Article 669 of the Code of the Republic of Kazakhstan “On Administrative Offences”.
column 13 of the form shall indicate the number of submissions sent to the internal affairs authorities under Article 139 of the Criminal Code of the Republic of Kazakhstan.
column 14 of the form shall reflect the number of bans on exit from the Republic of Kazakhstan issued by Berkut in respect of debtors in the Berkut System.
column 15 of the form shall include the number of enforcement documents where the debt is not paid and the property from column 10 has been identified.
column 16 of the form shall contain the number of enforcement proceedings where measures were taken to assess and realise property.
| Appendix 2 to order of the Minister of Jutice No. 259 of June 13, 2019 |
Document form
Submission of data by the regional chamber of private bailiffs to the National Chamber and the territorial body of the authorised body on its activities
Footnote. Appendix 2 - as reworded by order of the Acting Minister of Justice of the Republic of Kazakhstan No. 1086 dated 30.12.2022 (shall take effect upon expiry of ten calendar days after the date of its first official publication).
Table 1
The number of private bailiffs for ___________ 20___
Region | In cities/towns | In districts | Uncovered areas |
1 | 2 | 3 | 4 |
Table 2
The list of private bailiffs for __________ 20__
No. | Region | Surname, first name, patronymic (if any) of the private bailiff | Legal address | Office phone | Mobile phone | Mobile phone number of the assistant to the private bailiff | E-mail address | Licence number |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
Table 3
Data on the liability of private bailiffs for
____________ 20__
Region | Remark | Reprimand | Severe reprimand | Исключение из Республиканской палаты | |||||
Termination or revocation of licence | gross or repeated breach of legislation | Systematic non-payment of membership fees | Involvement in other types of remunerated activities | of their own volition | Other grounds envisaged by the statute of the National Chamber. | ||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
Note: Regional chambers of private bailiffs shall submit consolidated data to the territorial justice authority and the National Chamber of Private Bailiffs on a quarterly basis by the fourth day of the month following the reporting month.
| Appendix 3 to the order of the Minister of Justice dated June 13, 2019 № 259 |
1. Order of the Minister of Justice of the Republic of Kazakhstan dated January 20, 2011 № 16 “On approval of the form and terms for the provision of information by private bailiffs, regional chambers of private bailiffs” (registered in the Register of state registration of regulatory legal acts № 6753, published on April 16, 2011 in the newspaper “Kazakhstanskaya Pravda” № 129-130 (26550-26551).
2. Order of the acting Minister of Justice of the Republic of Kazakhstan dated March 7, 2014 № 101 “On amendments to the order of the Minister of Justice of the Republic of Kazakhstan dated January 20, 2011 № 16 “On approval of the form and terms for the provision of information by private bailiffs, regional chambers of private bailiffs”(registered in the Register of state registration of regulatory legal acts № 9254, published on April 11, 2014 in the legal information system "Әділет").
3. Subparagraph 2) of the List of some orders of the Minister of Justice of the Republic of Kazakhstan, which are amended and supplemented, approved by the order of the Minister of Justice of the Republic of Kazakhstan dated February 27, 2015 № 126 (registered in the Register of state registration of regulatory legal acts № 10460, published April 1, 2015 in the legal information system "Әділет").