Article 503. Enforcement of decisions of foreign courts, arbitral awards of foreign arbitrations of the Civil Procedure Code of the Republic of Kazakhstan
1. If the acts specified in the first part of Article 501 of this Code are not executed voluntarily within the time limits set therein, the party to the judicial or arbitration proceedings in whose favor these acts were rendered has the right to apply for their enforcement to the court at the place of dispute consideration or at the debtor's place of residence or location. if the place of residence or location is unknown, then at the location of the debtor's property.
2. Applications for the issuance of a writ of execution shall be accompanied by duly certified original acts specified in the first part of Article 501 of this Code, or duly certified copies thereof, as well as, if available, the original arbitration agreement or a duly certified copy thereof. If the said acts or arbitration agreements are set out in a foreign language, the party must provide a duly certified translation into Kazakh or Russian.
3. Applications for the issuance of a writ of execution may be submitted no later than three years from the date of expiry of the period for the voluntary execution of acts specified in the first part of Article 501 of this Code.
4. An application for the issuance of a writ of execution, which was submitted after missing the prescribed period or to which the necessary documents were not attached, is returned by the court without consideration, and a ruling is issued on which a private complaint may be filed, and a petition is filed by the prosecutor in accordance with the procedure established by this Code.
5. The court has the right to restore the deadline for filing an application for the issuance of a writ of execution if it finds the reasons for missing the specified period valid.
6. An application for the issuance of a writ of execution is considered by a judge alone within fifteen working days from the date of receipt of the application to the court.
7. The court shall notify the debtor of the received applications of the recoverer for the compulsory execution of the acts specified in the first part of Article 501 of this Code, as well as of the place and time of their consideration at the court session. The claimant is also notified of the place and time of consideration of his application. The failure of the debtor or the recoverer to appear at the court session is not an obstacle to the consideration of the application, unless the debtor has received a motion to postpone the consideration of the application, indicating valid reasons for the inability to appear at the court session.
8. When considering applications for the issuance of a writ of execution for the compulsory execution of acts specified in the first part of Article 501 of this Code, the court shall not have the right to review them on their merits.
9. Based on the results of the consideration of the application, the court issues a ruling on the issuance of a writ of execution or on the refusal to issue it.
The court's ruling on the issuance of a writ of execution is subject to immediate execution.
The footnote. Article 503 as amended by the Law of the Republic of Kazakhstan dated July 11, 2017 No. 91-VI (effective ten calendar days after the date of its first official publication).
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
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
