New Act on the Creation of Liberal Enforcement Agents in Kazakhstan
On October 21, 2010 the Republic of Kazakhstan enacted a new law "On Enforcement Proceedings and the status of enforcement agents", providing an alternative basis for the introduction of the institute of private enforcement
The idea of introducing in Kazakhstan Institute of private judicial officers was first proposed by the President of the Republic of Kazakhstan Nursultan Nazarbaev in his address at the Fourth Congress of Judges of the country in 2005.
During this time, was studied the experience of countries such as France, Germany, Latvia, Estonia, Bulgaria, etc. Many round tables and conferences were held, including on the international level.
The draft law was developed by kazakh and foreign experts for over 3 years.
Despite skepticism about the institution of private bailiffs and anxiety on the part of certain state bodies the law have been adopted.
Chief ideologue of the Act is Mr. Irak Yelekeev, the former chairman of the bailiffs, is now a member of the Parliament of the Republic of Kazakhstan.
According to the new law the activities of private enforcement agents is carried out in parallel with state judicial officers. Private enforcement agents can enforce all judgments except those in which one party is the state (state bodies).
After solving all organizational and training issues first private enforcement agents have started to work on September 10, 2011. At this time the Republic has 170 private enforcement agents. This figure will grow over time. It is assumed that in the perspective private enforcement agents completely replace state enforcement officers.
The community of private enforcement agents of Kazakhstan expresses gratitude to the International union of judicial officers, in particular Jacques Isnard, Leo Netten, Bernard Menut, Mathieu Chardon and other experts, who participated actively in the development of the institution of private enforcement agents Kazakhstan.
Also, heartfelt thanks to:
- member of the Scientific Council at the UIHJ, head of the Department of the Ural State Law Academy, Vladimir Yarkov (Russian federation)
- National Chamber of judicial officers of Latvia, in particular Inese Boze, Agnese Bike;
- National Chamber of judicial officers of Bulgaria, especially Delyan Nikolov, Todor Lukov, Anelia Glavanova;
- National Chamber of judicial officers of Estonia, Luxembourg, Belgium and for all colleagues who supported and us.
The UIHJ sends its congratulations to our Kazakh colleagues and wish for a fast development of the profession and plenty of success in their work!