For the last time, cases of refusal to go abroad have been increased. This is primarily due to the number of changes which were made in the Law «On enforcement proceedings and status of legal executors» in June 2013. This problem sometimes arises directly while border control, when the tickets and vouchers have been already purchased and hotels have been booked. How not to get in a list of people who are restricted to travel abroad, and what to do if you already got in the list of debtors.
World practice shows that a temporary restriction on the right to leave the country – is quite an effective measure that brings visible result: debts on executive obligations are repaid more often. Of course, it’s not pleasant to be refused to travel abroad while boarding the aircraft. But this can be avoided.
Who can be restricted in going abroad and by what reason?
According to the article 33 of the Law if the debtor has not performed the demands contained in executive document within prescribed period without justifiable reasons, legal executor is entitled to issue a decree on temporary restriction to the debtor on leaving the RK.
Implementing documents include:
The main reason of the refusal in leaving the country is debt, deficiency, default of implementing documents. Thus if you have a debt for state taxes, fines or debt to other people who have appealed to the court, you must be on guard at least. Tax-dodger may be a person who not only haven’t paid alimony or traffic fines, but also owes the city utilities. The lists may include people who have unpaid bills ranging from 700 KZT, and the court has already decided to collect the debt.
Citizens get into the list of people who are restricted to travel abroad in accordance with the decree of legal executor. Decree of legal executor on temporary restriction to leave RK by the debtor is subject to authorization from the court. After authorization by the court you get a copy of decree, also border service NSC RK gets it and actually will not allow you to go abroad until database will not confirm your debt repay.
If an implementing document is not a judicial act and was issued not on the basis of a judicial act (for example writs or protocols) then the claimants or state legal executor may apply to the court with the idea of establishing a time limit for the debtor to depart from the Republic of Kazakhstan. But in this case one should note that the decision may be made without your presence, so it is always better to pay off all debts, fines, fees and charges for utilities in time and not to bring the case to the court.
Legal executor send data of the debtor to debtors register within 3 working days after expiration for voluntary execution of implementing documents.
How to know if you are prohibited to go abroad?
Before planning a trip, visiting relatives or tourist trip you should think about the presence/absence of such factors before tickets purchasing, hotel reservations, etc. This can be checked on the website of the Ministry of Justice, which automatically maintains these lists - Registry of debtors, who are limited to travel abroad and Registry of debtors on enforcement proceedings. It is better to check in both lists, because even if you are only in the Registry of debtors on enforcement proceedings, you also may get into the category of non-payers for who traveling abroad is prohibited. Debtors base is updated on a regular basis whenever the decisions of the judiciary bodies are made.
Register of debtors who are restricted from traveling outside the Republic of Kazakhstan, is formed on the basis of electronic notifications of travel restrictions transmitted to the Border service NSC RK. Electronic notification is sent by a bailiff after the issuance of the related decree and its authorizing by the judge. A copy of the decree is sent to the debtor. The decree may be rendered as in respect of citizens of Kazakhstan, so in respect of foreigners and persons without citizenship and leaders of legal entities - debtors.
If you purchase a ticket in the travel company, be sure to check your absence/presence in these lists, because if you will not be allowed to depart because of the debts, the company does not compensate expenses for travel costs. Also in big travel companies you can ask to check your data at the department of justice by telephone or online request.
Despite the fact that database is regularly updated, it makes sense to check the presence/absence in the lists, if you had debts which were repaid earlier. In any case when planning a trip abroad it will be useful to check your data in both registries.
The information in the list is kept as long as the bailiff will not render a decree on removing the restriction and direction of corresponding electronic notification to the border service of NSC RK.
How to sign out of the register of debtors who are restricted to go abroad?
Of course, the most obvious variant - to pay all your fines, fees, alimony, utilities or debts. What was the reason for the adoption of such a measure by a bailiff.
Temporary restriction on leaving will be canceled as soon as the enforcement proceedings will be terminated. If the enforcement proceedings is terminated in accordance with the article 47 of the Law, then you also must pay an additional 10% of executive sanction. According to the article 36 of the Law after the termination of enforcement proceedings within 3 calendar days the bailiff sends to the department of judicial acts and border service relevant information, which is the basis for exclusion of the debtor from the registry. Document confirming the measures taken for signing out of the list, is the decree on termination of enforcement proceedings or decree on the abolition of temporary restrictions.
Do not put off paying the debts to the last moment before your trip. Planning a trip abroad it is better to pay all the debts in advance and to do what is prescribed by the executive documents for at least 10-15 days before the planned date.
Performance by prescribed executive documents - the only measure that will allow you to go abroad. Moreover, after paying it’s not enough just to have confirming documents, receipts, you also must inform the bailiff that banned the departure. The Register of debtors, which restricts to travel abroad, you can learn not only about your data, but also details of the bailiff and his mobile phone.
Of course, there is another way - you can ask the plaintiff to take the statement back at the termination of the enforcement proceedings, but it occurs more in the cases of emergency, for example, if you need to go abroad for surgery. If there is an agreement with the plaintiff, then it’s necessary together with plaintiff to apply the local department of judicial acts. Naturally, the earlier you apply, the sooner the ban on travel abroad will be canceled.
In what cases you should not fear to get into the list of debtors who are prohibited to go abroad?
Unified Register of Debtors
The authorized body shall maintain the Unified Register of Debtors for the purposes of enforcing executive orders necessary for the enforcement of enforcement orders.
Unified Register of Debtors is formed and maintained through an automated information system for enforcement proceedings.
Information for inclusion in the Unified Register of Debtors, with the exception of information on debtors without debts for enforcement proceedings on periodic collection of more than three months, as well as on executive documents on acceptance and cancellation of measures to secure the claim, are sent by the bailiffs within three working days after commencement of enforcement proceedings.
The specified information includes:
- surname, name, patronymic (if any) of the debtor or the name of the debtor organization;
- the body that issued the executive document, the date of issue and the contents of the debtor's unfulfilled duty;
- surname, name, patronymic (if any) of the bailiff who sends the information, name and address of the territorial department or the address of the office of the private bailiff.
The debtor is excluded from the Unified Register of Debtors after the termination of the enforcement proceedings on the grounds provided for in Article 47 of the Law and in the absence of debts on enforcement proceedings for periodic penalties, as well as after the termination of the enforcement proceedings on the grounds provided for in Article 48 of the Law when executing the requirements of the executive document .
Upon receipt of information on the execution of the requirements of the executive document on the completed enforcement proceedings on the grounds provided for in Article 48 of the Law, the bailiff shall send relevant information to the authorized body to exclude the debtor from the Uniform Register of Debtors within 3 working days.
