ENFORCEMENT PROCEEDINGS IN THE REPUBLIC OF KAZAKHSTAN: PROBLEMS AND IMPROVEMENT WAYS

Abstract

The constitutional law to judicial protection of rights and freedoms is fully implemented with proper execution of the court decision. Currently, the main legal act regulating the field of enforcement proceedings is the Law of the Republic of Kazakhstan "On Enforcement Proceedings and Status of Enforcement Agents". However, the analysis of this law, in relation to a number of other legislative acts, as well as the practice of executing judicial acts made it possible to identify a number of gaps and norms that are problematic in the activities of Enforcement Agents.

The subject of this work is the enforcement proceedings and their legal basis. The aim of the work was to study the norms regulating enforcement proceedings, theoretical and practical problems of the activity of Enforcement Agents. At the same time, it should be noted that it is not possible to cover all the existing problems within the framework of a single article, therefore, the author of this work intends to further study and analyze the issues of enforcement proceedings with a view to set forward proposals and recommendations for further improvement of this field. To write this work, the author used methods of analysis, systematization and legal modeling.

The article covers the main issues of the executive system of the Republic of Kazakhstan, examines the gaps in the legislation on enforcement proceedings and identifies factors that could adversely affect the enforcement of judicial acts. As a result of the analysis, the author suggests some ways of improving the current legislation for regulating enforcement proceedings. The results of the research can be of importance for students, postgraduates, Ph.D. candidates, teachers, practicing enforcement agents  and all persons interested in enforcement issues, and can also be used in lawmaking.