Deputy Attorney General Umutkan Konkubaeva reported that this draft law was developed in accordance with the presidential decree dated June 23, 2025, No. 187. The main goal is to enhance the effectiveness of the enforcement of court decisions and other enforcement documents, as well as to strengthen law and order and protect the rights of individuals and legal entities.
As part of the project, it is proposed to establish the legal status of the Judicial Enforcement Service under the General Prosecutor's Office, define its powers, organizational structure, and accountability to the prosecutor's office.
In addition, the powers to appoint and dismiss the chief judicial enforcement officer and his deputies, as well as the heads of territorial divisions of this service, will be transferred to the Attorney General.
The project also introduces the institution of private judicial enforcement officers, defining their legal status, requirements for candidates, the process of obtaining a certificate, as well as the grounds for suspending and terminating their activities, including liability.
Private judicial enforcement officers will receive powers for the compulsory enforcement of enforcement documents alongside state enforcement officers.
The draft law includes amendments to the Code of Offenses, which provide for:
- increased fines for violations of legislation in the field of enforcement proceedings;
- strengthening the liability of debtors for non-compliance with legal requirements from both judicial and private enforcement officers;
- clarification of the compositions of offenses and the amounts of fines.
Changes to the Criminal Code also affect the article on evasion from child support. It is proposed to:
- change the terms of debt for which criminal liability arises;
- rethink the types of punishments;
- establish that exemption from criminal liability is only possible upon full repayment of the debt;
- exclude the application of certain mitigating circumstances until the full repayment of child support arrears.
Additionally, the draft law proposes:
- to extend the norms of legislation to private judicial enforcement officers within all procedures for appealing their actions;
- to grant judicial and private enforcement officers the right to impose seizures and recover funds from bank accounts based on enforcement documents;
- to require banks to provide information related to banking secrecy to judicial and private enforcement officers in the course of fulfilling their duties.
Changes are also proposed to the Administrative Procedural Code so that judicial appeal procedures apply to the actions and inactions of private judicial enforcement officers, including deadlines, procedures for consideration, and the distribution of the burden of proof.
Changes will also affect the laws on banks and enforcement proceedings, including:
- allowing the seizure and recovery of funds from bank accounts based on enforcement documents by both the court and judicial and private enforcement officers;
- legislative consolidation of the foundations of electronic enforcement proceedings;
- clarification of the requirements for judicial enforcement officers and the procedure for their appointment;
- establishment of unified principles of operation for state and private judicial enforcement officers.
