CHANGES IN THE LEGISLATION OF KAZAKHSTAN ON THE ENFORCEMENT OF COURT DECISIONS

Our litigation practice lawyers would like to note significant changes in the legislation of Kazakhstan regarding enforcement proceedings, or when it comes to the enforcement of court decisions.
Previously, we could independently choose a private bailiff. Under the new amendments, the Chamber of Private Bailiffs will now appoint a private bailiff for us.
Starting from March 2, 2026, the new Rules No. 652 (hereinafter — the Rules) apply. Now, lawyers who receive court decisions must apply to the Chamber for further enforcement of court decisions in the following categories of cases:

• decisions in favor of individuals and legal entities;
• recovery of alimony;
• decisions in favor of the state up to 4.3 million tenge;
• decisions in non-property disputes (e.g., eviction, etc.).
  Possible delays in the enforcement of court decisions
  Previously, if we were not satisfied with a private bailiff (Private Bailiff / Enforcement Officer), we could submit an application to withdraw all documents and choose another bailiff.
  Under the new rules, it is now necessary to wait for a final, legally effective decision confirming a breach of duties by the bailiff (for example, a decision issued by the Chamber or by a court). Only after that will the Chamber appoint another bailiff. Details are provided in Clause 12 of the Rules.
  In our view, this may affect and increase the overall timelines for enforcement of court decisions.
  Requirement for original documents
  Under the new rules, it will be mandatory to submit the original court decision in paper form to the Chamber.
  We note that if the court decision is lost, it will be necessary to prepare a full set of documents, pay the state fee for re-issuance of the court decision, and wait several weeks, which ultimately affects the speed of enforcement.
  The principle that the best-performing private bailiff receives more applications from legal entities is no longer applied
  Previously, if certain private bailiffs (who were slow or whose performance did not satisfy claimants, including those to whom companies rarely applied) received fewer assignments, more cases were typically directed to more active and efficient bailiffs.
  Under the new rules, all private bailiffs will now receive cases evenly.
  According to our forecasts, the number of complaints and applications regarding the actions or inaction of private bailiffs is expected to increase in order to ensure the final enforcement of court decisions.
  Chambers will also play an important role, as they will have the authority to conduct unscheduled inspections of the activities of private bailiffs.