ENSURING THE EFFICIENCY OF THE INSTITUTE OF PRIVATE BAILIFFS IN THE REPUBLIC OF KAZAKHSTAN
DOI:
https://doi.org/10.52026/2788-5291_2022_70_3_214Keywords:
bailiff, qualification requirements for bailiffs, attestation of persons wishing to obtain the right to be engaged in the activities of a private bailiff, internship of persons wishing to obtain the right to be engaged in the activities of a private bailiff, license of a private bailiffAbstract
The article is devoted to certain issues of the legal status and activities of a private bailiff, as well as the problem of further ensuring greater efficiency of the institute of a private bailiff.
The purpose of this article is to identify gaps and problems in legislation and practice in the field of enforcement proceedings in general and, in particular, in the field of regulation of the institution of a private bailiff, as well as to propose specific ways to solve these problems.
The article analyzes the norms of the legislation of the Republic of Kazakhstan that regulate the legal status of private bailiffs and their activities, as well as the provisions regarding admission to the right to be engaged in the activities of a private bailiff.
The relevance of the issues under consideration is connected to the role and significance of the execution of documents in the mechanism of legal regulation and the fact that it is the enforcement proceedings that ensure the restoration of violated rights and legitimate interests. And in this mechanism, the activity of a private bailiff, who is entrusted with the function of executing most of the enforcement documents, is of great importance.
The article is built on the principle of considering four blocks of problematic issues: 1) requirements for persons wishing to obtain the right to practice the activities of enforcement; 2) passing an internship and attestation; 3) the license of a private bailiff and its validity; 4) certain problems of publicly placed information about the activities of bailiffs.
In the course of writing the article, the formal legal method, systematization and modeling methods were applied.
As a result of the study, the author draws a conclusion about the need to make changes and additions to the legislative regulation of the institute of a private bailiff, corresponding to the blocks of issues under consideration, and also suggests specific ways to ensure the effectiveness of the activities of private bailiffs.
