Article 23. Participation of witnesses in enforcement proceedings The Law on Enforcement Proceedings and the Status of Bailiffs
1. Executive actions may be performed in the presence of at least two witnesses.
2. The presence of witnesses is mandatory in the following cases:
1) at the request of the recoverer or the debtor;
2) when executing a decision on moving in and eviction, actions related to the arrest, seizure and transfer of the debtor's property, opening his home, premises and storages, and conducting an inspection.
The presence of witnesses in other cases is possible on the initiative of the bailiff.
3. Any adult capable citizens who are not interested in the outcome of the executive actions may be invited as witnesses.
4. Before beginning the enforcement actions in which the witnesses participate, the bailiff explains the procedure for the participation of the understood in the enforcement action.
5. The understood person has the right to know what executive actions he is invited to perform, on the basis of which executive document they are performed. The understood has the right to make comments about the actions performed. The comments of the understood person are subject to entry in the protocol of the relevant executive action.
6. The understood person certifies the fact, content and results of the executive actions, during which he was present.
7. The understood has the right to compensation for expenses incurred in connection with the performance of the duties of the understood, as well as compensation for lost wages or monetary compensation in connection with the loss of time.
8. The sums of money paid to the witnesses relate to the costs of performing executive actions.
The Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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