Issuance of Private Rulings in Administrative Cases

Pursuant to Part 1 of Article 270 of the Civil Procedure Code of the Republic of Kazakhstan, where cases of violations of the law are identified, the court may issue and send a private ruling. If the violations have been committed by state bodies, officials or civil servants, the court shall issue and send a private ruling to the relevant organizations, officials or other persons performing managerial functions, who are required to report on the measures taken by them within one month.

Private rulings concerning State Bailiffs and Private Bailiffs are sent by the courts to the Republican Chamber of Private Bailiffs, regional chambers of private bailiffs, and the Ministry of Justice of the Republic of Kazakhstan for appropriate response measures.

The practice of issuing private rulings in the category of cases under review demonstrates that courts issue private rulings in respect of violations established by a court decision.

At the same time, such violations are of an evaluative nature or cannot be regarded as serious violations committed by bailiffs.

A private ruling, as a response measure to violations established in the course of consideration of an administrative case, should not duplicate the violations established by the court decision.

When issuing private rulings against bailiffs, the following factors should be taken into account:

• systematic violations of legislative provisions by a bailiff within the framework of a single enforcement proceeding;
• significant legal consequences for the parties to the enforcement proceeding arising from the violations;
• violation of the constitutional rights of citizens in the course of enforcement actions.

Pursuant to Paragraph 3 of Article 76 of the Constitution of the Republic of Kazakhstan, court acts that have entered into legal force are binding upon all state bodies, local self-government bodies, legal entities, officials and citizens and are subject to execution throughout the territory of the Republic of Kazakhstan.

The purpose of enforcement proceedings is to ensure the actual restoration of violated or disputed rights or legally protected interests.

Challenging the actions (inaction) of a bailiff constitutes a form of judicial control over enforcement proceedings, the purpose of which is to protect the rights and interests of the parties to the enforcement proceeding.

The main regulatory legal acts governing enforcement proceedings are:

Constitution of the Republic of Kazakhstan;

Administrative Procedural and Process-Related Code of the Republic of Kazakhstan (APPC);

Civil Code of the Republic of Kazakhstan (CC);

Civil Procedure Code of the Republic of Kazakhstan (CPC);

Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs”;

Law of the Republic of Kazakhstan “On Valuation Activities in the Republic of Kazakhstan”;

Regulatory Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan dated March 31, 2017, “On the Application by Courts of Certain Norms of Legislation on Enforcement Proceedings”;

Regulatory Resolution No. 12 of the Supreme Court of the Republic of Kazakhstan dated December 19, 2003, “On Liability for Non-Execution of Court Acts”;

Rules approved by Order No. 100 of the Minister of Justice of the Republic of Kazakhstan dated February 20, 2015;

Resolution No. 437 of the Government of the Republic of Kazakhstan dated May 4, 2014, “On Approval of the Rates of Payment for the Activities of a Private Bailiff.”

Abbreviations Used:

APPC – Administrative Procedural and Process-Related Code of the Republic of Kazakhstan;

CPC – Civil Procedure Code of the Republic of Kazakhstan;

CC – Civil Code of the Republic of Kazakhstan;

Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs” – Law on Enforcement Proceedings;

Regulatory Resolution of the Supreme Court – Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan;

Rules for the Sale of Seized Property, Including Through Electronic Auction – Rules;

IASAIS – Automated Information and Analytical System of the Judicial Bodies of the Republic of Kazakhstan “Törелік”;

Administrative Judicial Panel of the Supreme Court – Administrative Judicial Panel of the Supreme Court of the Republic of Kazakhstan;

Administrative Judicial Panel or Panel – Administrative Judicial Panel;

IAC – Specialized Interdistrict Administrative Court;

DJ – Department(s) of Justice;

SB – State Bailiff(s);

PB – Private Bailiff(s).

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