Register of debtors. How to check debts before going abroad Printable versionLast update: 05.12.2022
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 Article 33 of the Law, in case of non-fulfillment by an individual, the head (acting) of a legal entity that is a debtor of claims for more than 40 MCI contained in the executive document, as well as in case of non-fulfillment for more than three months of executive documents on the collection of periodic payments, the bailiff has the right, and at the request of the recoverer is obliged, to make a decision on a temporary restriction on departure of these persons from the Republic of Kazakhstan.
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.
Temporary restriction to leave the Republic of Kazakhstan is imposed upon expiration of five working days from the date of proper notice of an individual/chairperson (acting chairperson) of a legal entity, who is a debtor, on a temporary restriction.
How to know if you are prohibited to go abroad?
How to sign out of the register of debtors who are restricted to go abroad?
In what cases you should not fear to get into the list of debtors who are prohibited to go abroad?
Unified Register of Debtors