Recovery based on execution lists on the territory of the Republic of Kazakhstan

It is possible to assert that the basis of justice lies in executing court acts, mainly court judgments. No matter how reasoned or just the judgment is, it is useless without its execution. Unexecuted legal acts inflict damage upon rights and legal interests of individuals came before the court to defend them, therefore only real execution of court judgments forms the essence of the right to a court hearing.

There are two types of court acts: voluntary and coercive. Voluntary execution commences on the moment of initiation of execution proceeding within 5 days upon the debtor’s application. Coercive execution commences after 5 days. After the end of coercive execution the debtor is obliged to pay executive sanction. The statutory terms stipulate from two to four months, however in practice the terms are prolonged for years.

An execution list is a document given by the court which allows coercive recovery from debtor i.e. recovery is not anymore dependant on debtor. At this stage debtor’s fund would be withdrawn from his accounts for the purposes of recovery, encumbrances would be imposed upon his property and it would be realized if his funds are not enough for recovery.

If legal inspection on debtor’s solvency that can establish his real financial capability to return the debt was not performed at early stages of debt recovery and the information on his real financial position is unknown then would be reasonable to conduct such inspection on debtor’s solvency at this stage. The information on his financial situation would save time in recovering the debt.

The work on debt recovery based on execution list is performed in the following way:

• Achieving an agreement on cooperation and entering into contracts;
• Analysis of debtor’s financial position;
• Sending the debtor claims on debt recovery;
• Conducting negotiations with the debtor on debt recovery;
• Controlling the execution of arrangements;
• Searching for operating accounts;
• Imposing remittance instructions over the debtor’s account for the purpose of debt recovery;
• Presenting execution lists for debt recovery;
• Controlling the work of court employees with regards to debt recovery;
• Assisting court employees in obtaining operative information on debtor’s assets;
• Participating in imposing encumbrances and selling debtor’s property;
• Submitting a report on work with regards to debt recovery.

If the court dispute is already won, the execution list is granted or to be granted, but the debt has not been recovered yet, you may seek assistance from GRATA law firm to quicken the debt recovery process and ensure its execution. GRATA law firm is a professional in debt recovery issues and work effectively on all stages of such process. The company implements a number of internal documents which will minimize the terms of debt recovery and allow controlling over the process. Furthermore, our clients regularly receive complete report of the law firm’s specialists on performing activities with regards to debt recovery and results.

If you have any questions concerning debt recovery, please don’t hesitate to contact the managers of "Litigation" Department.



Nariman Beknazarov
Lawyer  
Tel.: +7 (727) 259-01-12
Fax: +7 (727) 259-01-98
Mob.: +7 (701) 757-12-05