Kazakhstan has developed rules for maintaining a Unified Debtor Registry. All debtors under enforcement proceedings will be automatically added to the electronic database, reports infohub.kz.
The Ministry of Justice approved the rules for maintaining the Unified Debtor Registry by an order dated August 10. The registry will be formed and updated in the state digital system for enforcement proceedings. Once enforcement proceedings are initiated, information about the debtor will be automatically entered into the registry. This also applies to proceedings initiated under a simplified procedure.
Information about debtors will be available on the official website of the authorized body.
The rules provide several grounds for including an individual or company in the Unified Debtor Registry: initiation of enforcement proceedings or simplified proceedings; debt under enforcement documents for periodic payments exceeding three months; repeated failure without valid reasons to comply with the requirements of an enforcement document regulating the procedure for communication with a child. Such violation must occur more than two times in a row.
However, enforcement documents related to the adoption or cancellation of interim measures in a lawsuit will not be included in the registry.
The registry will indicate the debtor's first and last name or the organization's name. It will also reflect information about the body that issued the enforcement document, the date of its issuance, and the content of the unfulfilled obligation. Additionally, the registry will include data on the judicial executor who submitted the information, as well as the name and address of the territorial justice department or the address of a private judicial executor's office.
Removal of information will occur within three working days after receiving relevant information from the judicial executor through the electronic document management system. A debtor must be removed from the registry after termination of enforcement proceedings in cases provided by law. The absence of debt on periodic payments or fulfillment of the requirements of the document on the procedure for communication with the child two or more times in a row will also serve as a basis. Removal is also possible after the completion of enforcement proceedings if the debtor has fulfilled the requirements of the document. Additionally, removal is provided after the expiration of the period during which the enforcement document can be submitted for compulsory execution, if the document was previously returned to the claimant.
The territorial body will make a decision based on data on enforcement proceedings entered into the digital system and supporting documents submitted by the judicial executor. If there are insufficient grounds for removal, the territorial body must send a reasoned refusal to the judicial executor. For documents for which the period for submission for compulsory execution has expired, automatic removal of the debtor from the registry is provided. After automatic removal, the system will generate a resolution of the territorial body on the cancellation of compulsory enforcement measures.
Earlier, the President of Kazakhstan signed a number of amendments regulating the activities of judicial executors. The rights of Kazakh citizens from whom debts are collected in court will be better protected.