ON THE QUESTION OF THE NECESSITY TO EXPAND THE LIST OF EXECUTIVE DOCUMENTS (IN CASE OF OUT-OF-COURT SETTLEMENT OF DISPUTES)

Abstract

This article is devoted to the issues of improving the current legislation of the Republic of Kazakhstan in the field of enforcement proceedings in terms of expanding the list of enforcement documents. As is known, the executive document, due to its qualities endowed by law, represents the basis for the commencement of enforcement proceedings. Currently, the problem is that the Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs”, while establishing a closed list of enforcement documents, does not provide for the inclusion in this list of other types of documents that at the present stage of development of legislation could be considered as enforcement documents, having the force of enforcement and which could simplify civil circulation and the procedure for restoring the subjective rights of individuals. Thus, the purpose of this article is to consider the need and possibility of expanding the range of executive documents. The article analyzes the norms of legislation of the Republic of Kazakhstan, as well as international agreements governing executive documents. The author, using the method of analysis, the formal legal method, methods of systematization and modeling makes a conclusion as a result of the research, about the need to improve the legislation of the Republic of Kazakhstan in the field of enforcement proceedings in terms of the rules governing executive documents by including a mediation agreement, notarized agreement about resolving a dispute by negotiations, agreements on the payment of alimony, decisions of the conciliation commission and labor arbitration, as well as decisions of the Eurasian Economic Commission into the list of executive documents.