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?
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 to leave will be cancelled as soon as enforcement proceeding will cease and expenses, fines and payment for the services of private bailiff will be paid. Pursuant to Article 36 of the Law, upon termination of enforcement proceedings, a private bailiff sends relevant information within 3 calendar days to Compulsory enforcement Department and Frontier Service, which is a basis for exclusion of a debtor from the register. The document enabling to be withdrawn from the list is a decree on termination of enforcement proceeding or decree on cancelation of temporary restriction.
At the same time, one can make a payment of a debt via cashier's offices and terminals of KazPost JSC and online via www.kaspi.kz, www.post.kz, and also using iOS and Android-enabled smartphones (Post.kz app by Kazpost and kaspi.kz app by Кaspi JSC in the App Store and Play Market).
Upon receipt of information on making a payment of debt, an automated information system of law-enforcement agencies initiates termination of an enforcement proceeding for which a payment was made without participation of a private bailiff.
In this case, remedies imposed under an enforcement proceeding are cancelled automatically within 30 minutes and an enforcement proceeding terminates with exclusion from the Single register of debtors, while restriction to leave the country is lifted.
It is recommended not to postpone payment of debts until the last moment before departure. When planning a visit abroad, it is better to make a payment of all the debts in advance, and also execute the requirements set forth by the enforcement documents at least 10-15 days prior to the date of departure.
Execution of requirements set forth by enforcement documents is the only way to travel abroad. Moreover, when making a payment it is not enough to have confirming documents and receipts, one also should notify a private bailiff, who imposed a restriction to leave, on the payment made. In the Register of debtors who cannot leave the country, one can not only find data about oneself but also data on a private bailiff and his/her phone number.
There is also another option, when one can ask a claimant to retrieve a claim but this only happens in emergency cases, for instance, if one needs to go abroad for medical reasons, such as surgery. If an issue is settled with a claimant, then a claimant along with a plaintiff should visit a local department for enforcement of court orders. Thus, the earlier you apply to the above agency, the earlier a restriction to leave the country will be lifted.
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.