SOME ISSUES OF ENFORCEMENT PROCEEDINGS IN KAZAKHSTAN

Abstract

The present article is based on the results of analytical reports devoted to the analysis on some issues of compulsory execution of executive documents over which the scientific staff of Civil, civil procedural legislation and executive proceedings department of the SI «Institute of legislation of the Republic of Kazakhstan» worked in 2016. In general, at the present stage a number of scientific publications of foreign authors arouse interest in the aspect of improving the enforcement proceedings system. Among them are Bratus, S.N.; Valeeva, R.K.; Gambarov, Y.S.; Gerasimov, A.P.; Gureev, G.S.; Jalilov, D.R.; Dmitriev, Y.; Dobrovolskiy, A.A.; Egorov, N.D.; Kozlov. A.F.

At the same time in recent years considering issues of enforcement proceedings gets special importance in the conditions of realization of five institutional reforms of the President of the Republic of Kazakhstan N.A. Nazarbayev, as well as the improvement Kazakhstan’s position by «enforcing contracts» in the international rating Doing business.

In this connection, the article aims to make recommendations on solving some of the problems in enforcement proceedings legislation. To achieve this goal scientific methods of research that allow to summarize the positive experience and make proposals to improve national legislation were applied.

In the present article the special attention is paid to the problems of enforcement proceedings such as: 1) proportionality of time constraints on departure of debtor; 2) collisions of law regulations on advance installments; 3) gaps in restitution of enforcement of the court decision; 4) problems of non-payback and unprofitability of private enforcement agents.

On the basis of analysis of mentioned and other problems of enforcement proceedings a number of recommendations were made.

The results of research received in this article may be used in the lawmaking work on the improvement of legislation of the Republic of Kazakhstan on enforcement proceedings, as well as in scientific research and development in the field of civil procedure and enforcement proceedings.

This article was prepared as a part of the applied research of the Institute of legislation of the Republic of Kazakhstan.