Article 104. Procedure for execution and consequences of non-execution of an enforcement document obliging the debtor to perform certain actions or refrain from performing them The Law on Enforcement Proceedings and the Status of Bailiffs

Home / Laws / Article 104. Procedure for execution and consequences of non-execution of an enforcement document obliging the debtor to perform certain actions or refrain from performing them The Law on Enforcement Proceedings and the Status of Bailiffs

Article 104. Procedure for execution and consequences of non-execution of an enforcement document obliging the debtor to perform certain actions or refrain from performing them The Law on Enforcement Proceedings and the Status of Bailiffs

1. When executing an enforcement document obliging the debtor to commit actions that can only be committed by himself or to refrain from committing them, the bailiff sends the debtor a notice of such actions, which sets a time limit, or a notice of the need to refrain from committing them.

2. In case of non-fulfillment by the debtor of the bailiff's requirements within the prescribed period, the bailiff applies to the court for the recovery of penalties from the debtor to the state revenue in the amount of two monthly calculation indices from individuals and ten monthly calculation indices from legal entities for each day of delay.

The maximum amount of penalties to be collected for individuals may not exceed three hundred and sixty monthly calculation indices, for legal entities – nine hundred monthly calculation indices.

For small and medium–sized businesses, the amount of the penalty collected should not exceed six hundred monthly calculation indices, and for a debtor who belongs to socially vulnerable segments of the population in accordance with the Law of the Republic of Kazakhstan "On Housing Relations" - fifteen monthly calculation indices.

The provision of this paragraph does not apply to the execution of enforcement documents issued in the course of administrative proceedings.

3. If the debtor fails to comply with the bailiff's requirements within the prescribed period and if the debtor's participation is not necessary for the execution of the enforcement document obliging the debtor to perform certain actions and these actions can be performed by the recoverer, the bailiff will arrange for the execution of the enforcement document by the recoverer in accordance with the rights granted to him by this Law.

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

President

Republic of Kazakhstan

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