Article 48. Return of enforcement documents to the recoverer of the Law on Enforcement Proceedings and the Status of Bailiffs

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1. The enforcement document, for which the recovery has not been carried out or has not been carried out in full, is returned to the recoverer by order of the bailiff in the following cases::

1) at the request of the claimant;

2) if the debtor has no property, including money, securities or income, which may be subject to foreclosure, and all measures taken by the bailiff to identify his property or income have proved ineffective, with the exception of the enforcement document on the confiscation of property.;

3) if, according to a non-property enforcement document, all measures provided for by law for execution have proved ineffective;

4) if the recoverer refused to retain the debtor's property, unsold during the execution of the enforcement document;

5) excluded by the Law of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (effective ten calendar days after the date of its first official publication);

6) if the recoverer refused to deposit into the current account of a private bailiff, intended for storing the recovered amounts in favor of the recoverers, the advance amounts necessary to cover the costs of execution;

7) excluded by the Law of the Republic of Kazakhstan dated 26.06.2020 No. 349-VI (effective ten calendar days after the date of its first official publication);

7-1) in the event of the debtor's departure (death of a citizen, reorganization of a legal entity, transfer of debt) at the time of execution of the enforcement document, the bailiff returns the enforcement document without execution to the recoverer with an explanation of his right to apply to the court with a request to establish a legal successor and replace the debtor, except in cases provided for by this Law;

7-2) if, during the execution of the enforcement document, it turns out that the debtor has moved to a permanent place of residence outside the Republic of Kazakhstan, except in cases where the debtor's property is located in the Republic of Kazakhstan;

8) the existence of grounds for the recusal of a private bailiff specified in paragraph 1 of Article 54 of this Law.

2. The return of the enforcement document to the recoverer is not an obstacle to the re-presentation of this document for execution within the statutory limitation period.

3. The enforcement documents, according to which the recovery is made in favor of the state, are returned in compliance with the following procedure:

1) the enforcement document issued (issued) by the court is returned to the state body that initiated the claim or drew up a protocol on an administrative offense.;

2) the resolution of the body (official) authorized to consider cases of administrative offenses is returned to the relevant authorized body (official).;

3) excluded by the Law of the Republic of Kazakhstan dated 11.07.2017 No. 91-VI (effective ten calendar days after the date of its first official publication);

4) enforcement documents on recovery in favor of the state in criminal cases are returned to the court.;

5) the order on the need to pay a fine issued by the body (official) authorized to impose administrative penalties is returned to the relevant authorized body (official).

4. Excluded by the Law of the Republic of Kazakhstan dated 04/27/2012 No. 15-V (effective after ten calendar days after its first official publication).

5. An enforcement document for which the recovery has not been carried out in full, as well as for which auctions have been announced, is returned to the recoverer upon application, if the recoverer reimburses the actual execution costs incurred.

6. Compulsory enforcement measures are subject to cancellation in the following cases::

1) provided for in subparagraph 1) paragraph 1 of this Article, if the recoverer has reimbursed the actual execution costs incurred and paid for the activities of a private bailiff.;

2) the expiration of the deadline for submitting the enforcement document for compulsory execution provided for in Article 11 of this Law.

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

President

Republic of Kazakhstan

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