Deputies have criticized the activities of private bailiffs and outlined paths for reforming the enforcement proceedings system, emphasizing the need to strengthen the protection of citizens' rights, ensure transparency in the work of private bailiffs, and introduce modern digital control tools.

The Majilis of the Parliament approved in the first reading the draft law "On introducing amendments and additions to certain legislative acts of the Republic of Kazakhstan on improving enforcement proceedings." According to the developers, the deputies' initiative aims to enhance the protection of citizens' rights during the execution of court decisions and to improve the operating system of private bailiffs.

As reported, the draft law was considered against the backdrop of numerous citizen complaints related to the activities of private bailiffs. It was noted that citizens face account freezes, restrictions on traveling abroad, asset seizures, and cases of misappropriation of alimony payments. The Prosecutor General's Office has recorded these violations, making the issue of reforming enforcement proceedings particularly urgent.

Thus, the draft law provides for a number of measures aimed at protecting the rights of debtors. In particular, the document introduces mandatory notification of the debtor ten calendar days before eviction, allowing citizens to prepare in advance and find alternative housing. Alongside this, it excludes information on child visitation procedures from being included in the Unified Debtor Register.

According to the developers, the draft law also provides for the possibility of suspending enforcement proceedings for up to one month to conclude a settlement agreement and lifting all compulsory enforcement measures if the deadline for presenting the enforcement document has expired.

Among the innovations is also the right of the bailiff who last executed the document and terminated the proceedings to lift the seizures imposed by other private bailiffs.

For simplified proceedings, the recovery threshold has been increased from 20 to 40 MCI (Monthly Calculation Index), which will allow citizens to avoid additional costs for paying for private bailiff services.

Changes have been made to the procedure for conducting electronic auctions of seized property: the claimant gains the right to retain the property in kind at any stage of the auction, and if the winner refuses, to transfer the purchase right to other participants.

Another significant innovation is the provision excluding the unjustified sending of enforcement documents to another enforcement district. Deductions can be made at the debtor's place of work or location.

Special attention in the draft law is paid to controlling the activities of private bailiffs.

Mandatory certification for active private bailiffs is being introduced, testing their knowledge of legislation and the Code of Professional Ethics. Failure to pass the certification will serve as grounds for license revocation. Requirements for assistants and trainees are being tightened, including a ban for individuals who have been held accountable for corruption offenses within the past three years.

Furthermore, the powers of justice authorities to oversee the activities of private bailiffs are being expanded. The document provides for the right to issue submissions to eliminate violations, suspend licenses, and imposes the obligation to provide information on the flow of funds in private bailiffs' accounts upon request from authorized bodies. The developers note that these measures aim to increase transparency and reduce the risk of abuse.

Meanwhile, the discussion in the Majilis revealed a number of acute issues concerning the practice of private bailiffs.

Deputy Anas Bakkozhaev drew attention to the excessive restrictions applied by private bailiffs, especially to pensioners.

– A debtor is a pensioner, but knowing that he is a pensioner, the private bailiff blocks his accounts. The person cannot withdraw their pension, and when they go to complain, the private bailiff says: "I didn't know." How could they not know? The person is retired, so elderly people are being tormented this way. We have the concept of a "protected amount" – 50 percent of incoming funds, or the amount of one subsistence minimum. Do you think 50 thousand [tenge] is generally enough to survive in our situation? It turns out that the bailiff leaves a person only 50,000 tenge to live on. A third point: the private bailiff sees that the debtor is in a difficult situation but applies all instruments to him: blocking accounts – okay, not allowing him to travel abroad – okay too. But they even deprive him of his driving license. Many young people are tormented like this! How will they live? It's impossible. How will he earn a living? – the deputy exclaimed.

He was supported by his colleague Nikolai Arsyutin, who reminded of cases of misappropriation of alimony funds.

Specific examples, in turn, were cited by Majilis member Bakytzhan Bazarbek.

– Private bailiff Bekbasov stole money from a current account. Private bailiff Abdisheva stole money allocated for alimony for the maintenance of pupil Bolgambayeva and spent it on herself. In Pavlodar region, private bailiff Kozhabayev, over three years, took possession of money belonging to Golovko intended for paying alimony for minor children. In Almaty, nine private bailiffs withdrew 23 million tenge from a current account; similarly, in Karaganda region, seven private bailiffs illegally withdrew 110 million tenge from an account; in Akmola region, three private bailiffs misappropriated 5.8 million tenge that should have been sent to the budget. In the West Kazakhstan region, the situation is similar – the deputy emphasized.

Vice-Minister of Justice Bekbolat Moldabekov assured that digital control tools would minimize the risks.

– We have a ready order and specific days when the private bailiff must resend the received money to the claimant – they now have no right to keep the money. Additionally, we have integrated with banks and Kazpochta (Kazakhstan Post) – we will see receipts in the account from both sides, so the private bailiff will have no chance to hold onto the money. Automatic: money arrives – a push notification is sent to both sides, citizens and claimants themselves can control it, and the money will automatically reach the recipient on time – he reported.

The Chairman of the Republican Chamber of Private Bailiffs, Nurzhan Aringazin, acknowledged some mistakes but clarified that not all facts have been confirmed.

– A fact was mentioned – 1.1 billion tenge, but during the investigation, this fact was partially not confirmed. One specific case involved 500 million tenge. This was not embezzlement, but the fact of storing money in a deposit. It was a buyer's money from an auction; the auction procedure was challenged, and at the buyer's own request, due to possible devaluation, the bailiff transferred this money to a personal deposit – the head of the chamber emphasized.

He added that about 300 million tenge of alimony arrears were transferred to the claimant, but other law enforcement agencies had placed liens on those accounts. A total of 8-12 criminal cases against private bailiffs were dropped after compensation for damages to citizens.

Nevertheless, cases of criminal prosecution have occurred. Recall that in Almaty, a private bailiff was convicted for illegally receiving 4.2 million tenge from the budget for repeated reports on enforcement proceedings. The Almalinsky District Court sentenced him to two years and four months in prison with a ban on engaging in the profession for five years.

In parallel with the legislative initiatives, a petition is gaining public attention in the country, the authors of which propose abandoning the institution of private bailiffs and transferring their functions to state bodies using digital platforms and automated algorithms, including the use of artificial intelligence.

The author notes that the current system for executing court decisions has become commercial in nature, as the bailiff's income directly depends on the amount recovered. In his opinion, this creates a conflict of interest and increases the financial burden on citizens.

The petition's appendix contains a separate appeal to the relevant ministry, requesting it to study the effectiveness of the current system and consider replacing it with digital solutions. Currently, the document is under consideration, and discussion of the proposed changes continues among experts and deputies of Parliament.

Amir KAIRGELDY
Astana