Currently, there is a ban on debtors leaving Kazakhstan. The lack of permission to travel abroad due to debt is a common international practice. In the Republic of Kazakhstan, the ban on traveling outside the country with debts is quite common.
The number of cases of non-exit has increased since the 2021 law came into force, which expands the powers of bailiffs, both public and private. According to the same law, all citizens who have debts for alimony, rent, loans, administrative fines can be included in the list of debtors who are prohibited from leaving.
It is clear that every citizen can avoid an unpleasant situation at the border, since lists of all debtors restricted from traveling are published on the official website of bailiffs of the Republic of Kazakhstan. The register of debtors is constantly replenished and updated; the authorities try to ensure that only current data is present in it.
Official reasons for the ban on traveling abroad
The reasons why you lose the opportunity to travel abroad may be debts for the following types of obligations:
- alimony;
- taxes;
- administrative fines;
- state duties;
- bank loans.
- utility bills.
The minimum amount of “non-travel” debt is 700 tenge. The issue of raising it is currently being decided.
Watch the video: ban on debtors leaving Kazakhstan.
A decision banning travel abroad can be issued against a citizen of the Republic of Kazakhstan (individual or legal entity, including the management of large enterprises, if the enterprises have debts) and foreigners who have debt in the form of administrative fines, duties or bank debt (banks RK).
Why is a ban on leaving the Republic of Kazakhstan necessary, to whom does it apply?
Sanctions in the form of a ban on leaving the country are imposed on citizens who have one type of debt. This method, as statistics show, works very well on people. Most of those who are temporarily prohibited from leaving the country repay their debts much faster. So, if, after the expiration of the payment period for a loan, tax, alimony, fine, housing and communal services or any other mandatory payment, the required amount of funds has not been transferred and the debtor does not have a valid reason for not paying the debt, then there is a high chance that the unscrupulous debtor will be fined sanctions.
Those who evade mandatory payments without good reason may not be allowed to go abroad.
The minimum amount that will be enough for the lender, company or other representative to file an application against you in court with a request to force you to repay the debts is 700 tenge.
Any amount above the minimum is also grounds for prohibiting you from leaving the country, taking away personal property to pay off the debt, and monthly deducting part of the funds from your salary.
The application to the court is submitted within three working days, the countdown of which begins from the date of expiration of the debt repayment period. After the verdict is passed, you receive one copy of the decision, and the second is sent to the Border Guard Service, which will not allow you to leave Kazakhstan.
The restriction applies only to adults. Debt payments do not apply to children, so minors are not subject to the ban.
Why was the restriction introduced?
If a country is guarding order and wants to maintain it, it must introduce certain barriers and restrictions. One of these restrictions is the ban on leaving the country for debtors who cannot yet pay their bills. The Ministry of Justice introduced such a ban. The restriction works if citizens do not want to live according to the letter of the law and do not pay their debts on time. It doesn’t matter whether it’s through your own fault/will or because the circumstances turned out that way.
In Kazakhstan, prohibitive sanctions began to be introduced in 2013. Executive bodies have the right to detain a citizen when crossing borders. Moreover, the prohibitions apply not only to ordinary individuals, but also to company managers if they have unpaid obligations. But a case must be opened against the debtor in court or its results have already been transferred to the bailiffs. Then production opens.
If a person regularly makes payments to pay bills, problems are excluded, but only he stops doing this, the court. Bailiffs restrict movement. The measure turned out to be effective, and many defaulters actually began to actively think about paying off their debts if possible.
In essence, a ban is a preventive measure, and quite an effective one at that. And everyone who is trying not to pay debts for utilities, loans, fines, etc. are guaranteed to be at risk. If they don't pay their bills, they lose their freedom to travel.
The mechanism for imposing a travel ban under the legislation of the Republic of Kazakhstan
It is important to remember that the mere fact of having debt does not mean anything. There must be a court decision, which was based, when it was made, on the fact of the debtor’s malicious, systematic evasion of his immediate obligations.
Based on this decision, a writ of execution is issued, which falls into the hands of the bailiff. The latter brings to the attention of the debtor information about the debt and the need to repay it within a certain period.
If the debt is not repaid, the SI has the right to apply to the court for permission to temporarily restrict the debtor’s ability to travel abroad.
Debtors receive one copy of the court order, and the other is sent to the border service of the Republic of Kazakhstan.
After the decision is issued, 3 days are given to repay the debt; if this does not happen, then the debtor’s name is entered into a special register.
In some cases, the order is issued based on court records or decisions that the debtor may not be aware of. In this case, a person learns that he is prohibited from traveling abroad immediately upon crossing it.
Travel ban for certain categories of debtors
Debt on taxes, overdue loans, and writs of execution is the most common reason preventing people from leaving Kazakhstan. This restriction has been introduced since 2013, it comes from bailiffs who are guided by the Law “On Enforcement Proceedings and the Status of Bailiffs”. Paragraph 1 of Article 33 of this document provides for a ban on travel in the following cases:
- If the issue of the debt was considered in court, there is a corresponding decision to repay it, but the citizen evades payment.
- If the amount of debt exceeds 20 minimum calculated indicators.
The court decision is entered into an electronic database, which, in turn, is integrated with the Border Service database, therefore, it will provide information when the debtor tries to leave the country.
But if the debt does not exceed 20 minimum calculated indicators, crossing the border is not prohibited. This indicator was established by Law No. 197-VI of November 30, 2021 “On the republican budget for 2019-2021.”
If you are planning a trip abroad, you should take care of paying off your debts in advance. It is better to do this a few days before departure, so that the data has time to be deleted from the database. It is possible to independently check that the violation is no longer registered. To do this, just go to the website of the Ministry of Justice and view the register of debtors of the Republic of Kazakhstan or the list of debtors who have been temporarily restricted from traveling abroad. Enter your data into a special form - full name and IIN. If they are no longer in the database, it means that the ban on leaving the Republic of Kazakhstan has been lifted.
Before your trip, you can additionally check whether there is a travel ban for a particular citizen on the Border Service website.
Checking fines not paid on time, like checking taxes, becomes an obstacle when trying to leave the country. Such minor debts are sometimes forgotten, although it is possible to check their availability on the information service from the Prosecutor General’s Office in the “Find out about your fines” section. Data on unpaid fines and other administrative violations is collected here.
In some cases, even for debtors on the register, it is possible to obtain permission to travel abroad. The law provides for such options if treatment is necessary in another country, with the written consent of the claimant.
If, at the last moment, prohibitions are revealed during registration, you can get rid of some of them. There are terminals that accept payments for fines, state fees or penalties. Within 15 minutes, the payment will appear in the database, and after another half hour the ban will be lifted. But this will not help with debts for alimony and benefits.
How should documents for children be prepared?
When one of the parents leaves with children for permanent residence in another country, it is required to provide a notarized consent of the second parent. This is regulated by the Rules for processing documents for traveling outside the Republic of Kazakhstan for permanent residence.
As for children traveling with other relatives, in such cases, notarized permission from the parents is required, because grandparents are not the legal representatives of the children.
Citizens 16–18 years old already have an identity card, but the attitude towards it is ambiguous when traveling on their own - they may require parental permission.
Other possible reasons for prohibitions when traveling abroad
An obstacle to traveling abroad may be prohibitions provided by customs or problems with your passport:
- The country's customs code (Article 343) allows you to carry up to 10 thousand US dollars. A large amount must be confirmed by documents about its origin: bank documents or certificates of exchange. There is a ban on the transportation of certain products and things, which is better to familiarize yourself with in advance.
- If the passport has a shabby appearance, its number and all data are not readable, this is a sufficient reason for a ban on leaving the country. Particular attention is paid to the validity period of the passport - it must expire no less than six months after the trip abroad. If it ends during a long stay in another country, problems arise with returning.
Traveling abroad for any purpose is a responsible, expensive and troublesome task. To prevent it from falling through at the last moment due to an unfortunate omission, you should be well prepared. Pay attention to the main reasons that cause a ban when traveling outside the country.
Where can I find out the list and register of debtors?
To avoid an unpleasant situation, you need to pay fines, taxes, duties and utilities in a timely manner, and before each departure, review the lists of debtors published on a special website.
Working with the registry is quite simple. To do this, you need to follow the link located on the website of the Ministry of Justice of the Republic of Kazakhstan.
Home page of the website of the Ministry of Justice of the Republic of Kazakhstan
Enter your last name, INN or BIN (fill out the fields carefully, do not make mistakes in writing your last name, first name or INN), and then view the results.
Filling out information to check the ban on leaving the Republic of Kazakhstan
It is important to remember that there are 2 databases on the site. One lists the persons for whom enforcement proceedings have been opened, and the other lists those who are already prohibited from traveling abroad.
If the name appears only in the first database, then the SI has not yet imposed a travel ban and official representatives of the border service have no right to detain a citizen when trying to cross the border. But this does not mean that the debt can not be paid. Sooner or later, the SI will go to court for permission to impose a ban. That is why it is better to pay the debt at the stage of primary enforcement proceedings. The register is updated every third working day, so the information there is always current and new.
Pay attention to the video: online verification of the ban on leaving Kazakhstan.
Be sure to review the list carefully and do so before purchasing any travel package. According to the legislation of the Republic of Kazakhstan, a ban on traveling abroad for a person with a debt is not a basis for paying him compensation for vacation expenses incurred.
How to check the list of debtors of the Republic of Kazakhstan?
During vacations and trips abroad, the Ministry of Justice often receives complaints that citizens are prohibited from traveling outside the Republic. To avoid finding yourself in a similar situation when tickets are purchased but a refund cannot be made, check in advance the information about the debt in enforcement proceedings (if any) or temporary restrictions on leaving the country.
You can order a full check on the e-government website. All you need to do is register and go through the following steps:
- Click the “Order service online” button.
- Perform a search by IIN by entering its number in the prepared line.
- Click the “Next” button and follow the system instructions.
This information will be extremely useful before ordering tours from travel companies that do not reimburse costs in the event of a travel ban. You can also check on the official website of the Ministry of Justice.
You can check the fines like this:
- Enter your full name in the line.
- Please enter your IIN code below.
- Repeat the code in the picture so that the system knows that you are not a robot.
- Click the Search button.
The Ministry of Justice recommends that all individuals and legal entities conduct a similar check to avoid problems with crossing the border.
Reasons for restricting travel outside the Republic of Kazakhstan
The register of debtors is formed on the basis of data received by the Border Guard Service. Any person who:
- Participated or is participating in a lawsuit.
- Has unpaid fines.
- Didn't pay child support on time.
- Does not pay or has a debt for utilities, and the court has already decided to collect these funds.
- Has a debt to a person who has already gone to court.
If you don’t have such problems and debts, then don’t worry. But if there are such facts, then remember that you should not pay the fine just before traveling abroad, since it takes time to terminate enforcement proceedings.
To be on the safe side, use the recommendations and check the list of debtors. After this, you can go shopping for vouchers and tickets with a clear conscience.
Exceptions to the rules
Those who are prohibited by court order from traveling through Kazakhstan can still do so in some cases, although for most such permission is difficult to obtain. But based on Article 33 of the Law on Production, a temporary permit can be issued in the following situations:
- Treatment abroad (permission granted in court).
- The document has been revoked by an authorized person or is being contested in court.
- Written consent of the claimant (with the exception of the claimant represented by the state).
Despite all these exceptions to the rules, lawyers strongly recommend that you first deal with debt obligations in order to be guaranteed to get off the list and easily travel outside the country. And protest court decisions on debts that the citizen considers illegal.
If you have debts, the chances of leaving the country illegally, bypassing the ban, are very low, and if through the international airport of Kazakhstan, then generally zero. But there is also a land and sea border. It will be difficult to cross the land border with neighboring countries, such as Turkmenistan and China, but with other countries there is a visa-free regime, and perhaps less complicated passport control. Yet such attempts should not be made.
Firstly, because the debtor, who became such by a court decision, does not have permission to leave. Secondly, an attempt to leave the country is equivalent to illegal border crossing.
Border post before the Mramorny pass, Kazakhstan
Thirdly, the debts do not go away, but in addition a criminal case is opened. The punishment is as follows:
- Fine in the form of 1 thousand monthly payments.
- Imprisonment for up to 1 year.
- Foreigners are deported from Kazakhstan and may be banned from entering the country for a period of 5 years.
Register of persons with restrictions
The register of debtors temporarily restricted from leaving Kazakhstan contains lists of citizens who are defaulters and participants in open court cases. The database in question is maintained by the country's Ministry of Justice. Anyone who does not pay can get on the list. But people who pay can remain calm.
It is formed quite simply. When a lawsuit is opened against the debtor. case and there is a resolution, information from one register is transferred to the register of persons who face an obstacle to travel.
The format in which this list is developed is described in more detail in Article 36 of the Republic of Kazakhstan on execution. production. According to the regulations, data on debtors is recorded:
- last names, first names and patronymics for ordinary people and company name for legal entities;
- name of the authority that issued the Spanish document (indicating the date when the issuance occurred and a census of unfulfilled obligations);
- last names, first names and patronymics of performers;
- the name and address of the departments of the court, or when the executor is private, the address of his office.
Everyone who doesn’t pay their debts ends up here, no matter what their citizenship is.
How to exit the Register of debtors who are restricted from traveling abroad?
It is necessary in advance (10-15 days before departure) to check yourself against the database of debtors and, if you are on the list of debtors, to pay fines, fees, alimony, utilities or debts that became the basis for litigation. After the termination of enforcement proceedings, I lift the travel ban.
Citizens who were on the lists but have paid off their debts need to be attentive. The name remains in the register of the Ministry of Justice of the Republic of Kazakhstan until the bailiff decides to lift the ban.
Entry and exit of citizens have been restricted in Eastern Kazakhstan
Photo: liter.kz
The chief state sanitary doctor of the East Kazakhstan region signed a new decree dated April 20, which introduced changes and additions to the previous decree, zakon.kz reports.
In particular, in regions with an increased incidence of coronavirus infection COVID-19: in the cities of Ust-Kamenogorsk, Semey and Ayagoz region, strict restrictive measures with special conditions for economic or other activities and life of the population are introduced from April 23 to May 3, 2021.
The regime and timing of restrictive measures in the cities of Ust-Kamenogorsk, Semey and Ayagoz region can be revised in accordance with changes in the epidemiological situation, the document says.
Movement restrictions are being introduced in the region, so the following will be established:
- 2 sanitary posts to control entry/exit on the external borders of the East Kazakhstan region from the Almaty region;
- 1 sanitary post to control entry/exit on the external borders of the East Kazakhstan region from the Karaganda region;
- 4 sanitary posts at road crossings across the State Border of the Republic of Kazakhstan at checkpoints “Auyl”, “Uba”, “Bakhty”, “Maikapchagai” (Shemonaikha, Borodulikha, Urdzharsky, Zaisansky districts - 1 unit each);
- 2 sanitary posts in the Ayagoz region;
The entry and exit of citizens to/from the territory(s) of the region and the Ayagoz region is prohibited, except for persons ensuring the operation of posts and facilities in the region.
In exceptional cases, certain categories of persons are allowed to leave and enter through sanitary posts, with the exception of the categories specified in this resolution; they may be issued by decision of the local executive body of the city/district.
Persons arriving from a high-risk zone (red zone), when crossing sanitary posts, must have a certificate of a negative result of a PCR test for coronavirus infection COVID-19, from the date of issuance of the result of which, at the time of entry, no more than three days (72 hours) have passed ), says the resolution.
An exception is introduced for children under 5 years of age, subject to a certificate from accompanying persons.
The requirement of this paragraph does not apply to intraregional sanitary posts on the borders of the Ayagoz district.
Control at sanitary posts is ensured by conducting non-contact thermometry and questioning while observing distancing for the presence of symptoms of respiratory diseases and signs that do not exclude coronavirus infection COVID-19.
The resolution comes into force on April 23, 2021 and is valid until its official repeal.
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How can I find out about my travel ban status?
To do this, you can use modern technologies; the easiest way to do this is online remotely.
Website of the Ministry of Justice of the Republic of Kazakhstan
To do this, just go to the website of the Ministry of Justice of the Republic of Kazakhstan, there is a special form that you should fill out and find out about the existence of a ban. You need to fill in the following fields:
- Name;
- surname;
- surname;
- INN / BIN.
Categories of citizens who do not have debts on the following debt obligations are not subject to the ban:
- Taxes.
- Utility payments.
- Alimony.
- Fines.
There are also no debt courts.
To freely leave the country, you should visit the register, even if by the time of verification all debts have been repaid, the entry with your data will be deleted from the list.
This law has been in force in Kazakhstan since 2013 and therefore, before leaving the state, you need to make sure that for all these years up to the present there are no debts. If this is the case, you need to notify the bailiff who made the decision on the travel ban, after conducting a check, and you will be able to travel abroad again.
It will not be difficult to find this artist; his name and contact number will be listed in the same registry.
After paying off all debt obligations, keep statements and receipts that can serve as evidence of debt repayment. The faster the debts are paid, the easier it will be to quickly and effectively deal with the current situation.
On the website of the Ministry of Justice of the Republic of Kazakhstan, by entering your data, you can check whether you have a ban on leaving the country
