The Deputy Attorney General, Umutkan Konkubaeva, reported that this draft law has been developed in accordance with the presidential decree dated June 23, 2025, No. 187. The main goal of the amendments is to enhance the effectiveness of the enforcement of judicial decisions and other enforcement documents, strengthen legality and law and order, as well as protect the rights of both individuals and legal entities.
The proposed amendments imply the establishment of the legal status of the Enforcement Service under the General Prosecutor's Office, as well as the definition of its powers and the organization of its work, with accountability to the General Prosecutor's Office.
The draft law also includes the delegation of powers to the General Prosecutor to appoint and dismiss the chief enforcement officer and his deputies, as well as the heads of territorial divisions of the service.
An important aspect of the project is the introduction of the institution of private enforcement officers. Their legal status, requirements for candidates, the procedure for obtaining a certificate, as well as the grounds for suspension and termination of their activities and liability are established.
Private enforcement officers are proposed to be granted powers for the compulsory enforcement of enforcement documents alongside state enforcement officers.
The draft includes amendments to the Code of Offenses, which include:
- increasing the amounts of fines for violations of enforcement legislation;
- strengthening the liability of debtors for non-compliance with the requirements of judicial and private enforcement officers;
- clarifying the elements of offenses and the amounts of penalties.
Changes are also proposed to the Criminal Code concerning evasion of child support:
- changing the periods of arrears after which criminal liability arises;
- reviewing types of punishments;
- establishing conditions for exemption from criminal liability only upon full repayment of arrears;
- excluding the application of certain mitigating norms until full payment of alimony arrears.
Additionally, the project proposes:
- to extend the norms of legislation to private enforcement officers in the processes of appealing their actions;
- to grant judicial and private enforcement officers the right to impose arrest and recover funds from bank accounts based on enforcement documents;
- to require banks to provide information that constitutes banking secrecy to judicial and private enforcement officers regarding enforcement documents.
Changes are also proposed to the Administrative Procedural Code, which will allow the application of judicial appeal procedures to the actions and inactions of private enforcement officers, including deadlines, procedures for consideration, and the distribution of the burden of proof.
The changes also affect the laws on banks and enforcement proceedings, in particular:
- allowing the arrest and recovery of funds from bank accounts based on enforcement documents by both judicial and private enforcement officers;
- establishing the legal foundations for electronic enforcement proceedings;
- clarifying the requirements for enforcement officers and the procedure for their appointment;
- establishing unified principles for the activities of state and private enforcement officers.
