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A prominent Member of Parliament in Kazakhstan, Bakytzhan Bazarbek, has brought to light serious misconduct within the ranks of private bailiffs. His revelations point to extensive legal breaches, including the misappropriation of funds, with some bailiffs allegedly pocketing money designated for child support payments.

Concerns Raised During Legislative Debate

Bazarbek raised these critical issues during a parliamentary discussion on a draft law aimed at improving the efficiency of enforcement proceedings. This legislative proposal is currently under consideration for its first reading.

Prosecutor General's Office Recommendations

According to the MP, the proposed amendments are largely based on recommendations from the Prosecutor General's Office, dated July 5, 2022. "This may sound unpleasant, but we need to understand why we are adopting such a law," Bazarbek stated, emphasizing the gravity of the situation.

He further disclosed that, following the Prosecutor General's recommendations, 88 private bailiffs were implicated in 660 different cases of fraud and financial manipulation.

Embezzlement of Alimony Funds

Bazarbek highlighted that the documentation includes a list of private bailiffs who have committed violations, as per the data from the judicial oversight body. During the parliamentary session, he named several individuals involved.

As a stark example, he cited instances where private bailiffs, acting on recommendations from the Prosecutor General's Office, allegedly embezzled funds intended for minor children's alimony and support, diverting them for personal use. "In the Pavlodar region, one private bailiff misappropriated funds intended for child support payments for three years," Bazarbek reported.

The deputy also revealed that in Almaty, nine private bailiffs illegally obtained and misused 23 million tenge. In the Karaganda region, 110 million tenge were similarly misappropriated. Furthermore, in the Akmola region, three private bailiffs allegedly pocketed sums that should have been transferred to the state budget.

Adding to the list of irregularities, Bazarbek mentioned that in the West Kazakhstan region, funds were found to have been transferred to the spouses and close relatives of private bailiffs. He also noted that 16 private bailiffs failed to transfer funds in 134 cases, with these individuals effectively disappearing.

Accountability and Legal Reforms

Bazarbek expressed surprise at the lack of accountability for all offenders, even after the Prosecutor General's Office issued its recommendations. "Only 9 out of 88 private bailiffs, some of whom stole this money, were exempted from responsibility. No criminal cases were initiated against them, nor were proceedings started to revoke their licenses. The Ministry of Justice did not file claims to revoke these licenses," the deputy stated.

He believes that the current draft law is intended to "cleanse the enforcement proceedings sector of dishonest private bailiffs."

Protecting Citizens' Rights

Bazarbek emphasized that the proposed amendments will strengthen the protection of citizens within enforcement proceedings. Key provisions include a 10-day advance notice for evictions, the elimination of enforcement measures after the statute of limitations expires, and a cap of 25% on deductions from state benefits and other social payments.

Additionally, the bill seeks to enhance the accountability of private bailiffs. This involves introducing a qualification-based attestation, tightening requirements for assistants and trainees, expanding the powers of justice authorities to oversee private bailiffs' activities, and granting the right to request bank statements for private bailiffs' accounts.

"With this draft law, we are prioritizing the interests of ordinary citizens, not just creditors. It is time to put people first," Bazarbek concluded.

Source: Infohub.kz reports.