Ministry of Justice of the Republic of Kazakhstan has made changes to the rules for distributing enforcement documents. The order establishes a transition to the automatic appointment of private bailiffs through the State Automated Information System for Enforcement Proceedings (SAISEP).
KEY CHANGES TO THE REGULATIONS
According to the updated rules, from March 2026, an algorithmic procedure for appointing private bailiffs (PBs) will be introduced:
- Automation of appointments. The distribution of enforcement documents will be carried out through the SAISEP system. The appointment of the bailiff occurs automatically within the relevant region.
- Procedure for withdrawing documents. The process for changing a PB at the initiative of the claimant is being formalised. According to paragraph 12, transferring a case to another bailiff requires an application to the disciplinary commission of the regional chamber.
- Special status for chamber leadership. Paragraph 17 allows heads of regional chambers to suspend the distribution of cases to their own names in connection with the performance of administrative functions.
HOW THE WORKING MODEL IS CHANGING
The introduction of automatic distribution changes the existing procedure for the interaction of claimants with the private enforcement system.
Whereas previously creditors could work with specific private bailiffs, now appointments are made through the state system. However, the materials of the order do not specify the criteria by which cases are distributed among PBs.
The procedure for replacing a bailiff also changes: it becomes more formalised and requires review by disciplinary bodies.
POTENTIAL EFFECTS FOR THE FINANCIAL SECTOR
The changes may affect the working practices of banks and microfinance organisations (MFOs) that actively use enforcement mechanisms.
The formalisation of the procedure for replacing a bailiff could potentially impact the processing times for individual cases. At the same time, the document does not provide data on how the innovations will affect the overall efficiency of debt collection.
The question of how the new rules will influence the dynamics of debt recovery will depend on their application in practice and on the operation of the SAISEP system.
WHAT IS IMPORTANT
The new model eliminates the possibility of choosing a specific private bailiff and transfers the distribution of cases to an automatic format.
However, the document does not disclose the criteria by which the system will distribute enforcement documents among PBs, leaving the question of the algorithm's transparency open.