JUDICIAL APPEAL OF DECISIONS, ACTIONS (INACTIONS) OF PRIVATE BAILIFIERS IN THE REPUBLIC OF KAZAKHSTAN

This study is devoted to the legal analysis of appealing decisions and actions (inactions) of private bailiffs. Timely execution of enforcement documents regulated by the Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV “On enforcement proceedings and the status of bailiffs” (hereinafter referred to as the Law) is an important criterion for the confidence of individuals and legal entities in the work and efficiency of the institute of private judicial performers. The law, since the date of its adoption, has been one of the most reformed legislative acts. In addition to reforming the current legislation of Kazakhstan in the field of execution of executive documents, the procedure for appealing decisions, actions (inaction) of private bailiffs has also undergone a number of significant changes. In the course of writing the article, we made an analysis of the procedure for appealing decisions, actions (inaction) of private bailiffs in specialized interdistrict administrative courts of the Republic of Kazakhstan. The procedure for filing and types of administrative claims is considered when parties to enforcement proceedings apply for protection and restoration of violated rights to the judicial authorities of the Republic of Kazakhstan. The novelties of the legislation of Kazakhstan, applied when appealing decisions, actions (inaction) of private bailiffs, in connection with the introduction of the new Administrative Procedural Code of the Republic of Kazakhstan, Code of the Republic of Kazakhstan dated June 29, 2020 No. 350-VI (hereinafter referred to as the APC RK) are considered ) and amendments to the Civil Procedure Code of the Republic of Kazakhstan, Code of the Republic of Kazakhstan dated October 31, 2015 No. 377-V ZRK (hereinafter referred to as the Civil Procedure Code of the Republic of Kazakhstan). Due to the innovations, we gave explanations on the procedure for appealing decisions and actions (inactions) of private bailiffs.

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Publication Details

Published
2024-12-26
DOI
https://doi.org/10.61995/bela/2024.1.7
Primary Topic
Ombudsman and Human Rights
Type
article
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article

JUDICIAL APPEAL OF DECISIONS, ACTIONS (INACTIONS) OF PRIVATE BAILIFIERS IN THE REPUBLIC OF KAZAKHSTAN

O.R. Klimova
Ombudsman and Human Rights
article

JUDICIAL APPEAL OF DECISIONS, ACTIONS (INACTIONS) OF PRIVATE BAILIFIERS IN THE REPUBLIC OF KAZAKHSTAN

O.R. Klimova
article en

Abstract

This study is devoted to the legal analysis of appealing decisions and actions (inactions) of private bailiffs. Timely execution of enforcement documents regulated by the Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV “On enforcement proceedings and the status of bailiffs” (hereinafter referred to as the Law) is an important criterion for the confidence of individuals and legal entities in the work and efficiency of the institute of private judicial performers. The law, since the date of its adoption, has been one of the most reformed legislative acts. In addition to reforming the current legislation of Kazakhstan in the field of execution of executive documents, the procedure for appealing decisions, actions (inaction) of private bailiffs has also undergone a number of significant changes. In the course of writing the article, we made an analysis of the procedure for appealing decisions, actions (inaction) of private bailiffs in specialized interdistrict administrative courts of the Republic of Kazakhstan. The procedure for filing and types of administrative claims is considered when parties to enforcement proceedings apply for protection and restoration of violated rights to the judicial authorities of the Republic of Kazakhstan. The novelties of the legislation of Kazakhstan, applied when appealing decisions, actions (inaction) of private bailiffs, in connection with the introduction of the new Administrative Procedural Code of the Republic of Kazakhstan, Code of the Republic of Kazakhstan dated June 29, 2020 No. 350-VI (hereinafter referred to as the APC RK) are considered ) and amendments to the Civil Procedure Code of the Republic of Kazakhstan, Code of the Republic of Kazakhstan dated October 31, 2015 No. 377-V ZRK (hereinafter referred to as the Civil Procedure Code of the Republic of Kazakhstan). Due to the innovations, we gave explanations on the procedure for appealing decisions and actions (inactions) of private bailiffs.

Vol. 7(1)
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Ombudsman and Human Rights
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