In some countries of the world, a ban on leaving is practiced if a citizen has debt obligations to the state, banks or relatives. The Republic of Kazakhstan was in this category of countries. For several years now, citizens of the country have been faced with a problem when trying to cross the border: it turns out that they are forbidden to travel until debt repayment. Despite the fact that the corresponding law was adopted back in 2013, to date there are still many people with insufficiently high legal literacy who do not even know about the adoption of such a normative act.
Reasons for refusal to leave
The list of restrictions on leaving the Republic of Kazakhstan is clearly spelled out in the law “On Enforcement Proceedings”. According to its provisions, the main reason you can download a single reason for refusing to leave is the presence of debt obligations of a person who has decided to leave the country, and malicious evasion of their compensation without any good reason.
What debts will not be released?
In the registry of restrictions on leaving Kazakhstan, every citizen of the country can find himself after the court bailiff decides on the outstanding debt. These include:
- debt on writ of execution;
- unpaid taxes;
- outstanding debt for utilities;
- unpaid fines on time;
- past due loans.
According to the procedure, the contractor sends copies of the decision to the border service and the debtor himself. If, after three days from the receipt of the document, the debtor does not voluntarily repay the debt, then it automatically enters the register of the border service.
Debt amount
In accordance with the norms of Kazakh legislation, in order to get a restriction on leaving the Republic of Kazakhstan, you do not need to have millions of debts.
According to article 33, if an individual or legal entity has a debt of 20 MRI, it already falls into the category of persons who are subject to entry in the register of debtors. That is, even an unpaid 1 thousand tenge can cause a refusal to cross the border.
Exceptions to the Rules
However, the same article 33 of the law provides for a number of exceptions for persons with a restriction on leaving the Republic of Kazakhstan. Although in practice, achieving such a “benefit” is rather difficult.
Temporary permission to leave can be given in the following situations:
- if the debtor needs special treatment that can only be carried out in another country (to get permission on this basis, you will have to go to court);
- the writ of execution was challenged by the debtor in court;
- the writ of execution is recalled by the person who issued it;
- if the person who is trying to collect the debt gives written permission to leave the debtor (however, it will not work to get such permission from the state).
How to check information about yourself
To check the availability of information about yourself, you should go to the website at adilet.gov.kz. Then find the tab “List of debtors temporarily limited to leave the Republic of Kazakhstan”.
In the search form on the page that opens, you must enter your TIN. For legal entities, a search by BIN is provided. After entering the code, press the "Search" key. After processing the entered data, the system will give out complete information, of course, if there is one. If there are no debts, then the system will display: "Nothing was found on request."
Access to this site is unlimited, and information about debtors is updated every 15 days. To check the restrictions on leaving the Republic of Kazakhstan, you do not even need to register in advance.
On the same site, owned by the Ministry of Justice of the country, there is another page - “Register of debtors for executive obligations”. This register contains information about all persons in respect of whom there is an open enforcement proceedings.
And if you leave the country illegally?
It is clear that if there is a great desire to go abroad, the question arises: "How to get around the restriction on leaving the Republic of Kazakhstan?" Naturally, one should not expect to leave the state through an international airport. But in addition to airspace, there are also sea and land routes. There is no visa-free regime with China and Turkmenistan, so it is not possible to leave Kazakhstan through these borders. But on the other hand, a visa-free regime works with other countries, so perhaps passport control is not so tough. But it’s natural that no one will recommend such a county route to another country. And there are several good reasons for this.
Firstly, do not break the law, no matter how severe.
Secondly, illegal border crossing is punishable by law: without fail such a person will be held criminally liable. The following liability is foreseen for such an offense:
- a fine of 1 thousand MRI;
- temporary detention from 3 to 12 days;
- if it is a foreign citizen, then he will be unambiguously deported for up to 5 years.
How to remove the ban?
If it happened that there was a restriction on traveling outside the Republic of Kazakhstan, then, first of all, lawyers recommend dealing with the claims that are presented. It is possible that the so-called debtor is not. In this case, it is recommended that you immediately go to court and appeal the decision.
And another option, if you really have debts - just pay them. Not so long ago, special terminals appeared at the country's largest airports, where you can pay off all debts, and the restriction will be lifted in 30 minutes. Such equipment is already operating in Astana, Almaty, Karaganda and Shymkent.
In the terminal you can check information about yourself, immediately pay the debt through a payment gateway. Information about the paid debt is almost instantly transferred to the database, and within 30 minutes all restrictions are removed. In the terminal, you can pay not only arising debts to the state, but also to legal entities and individuals (alimony, allowances, pensions).
However, you can pay the debt in the terminal only if it does not exceed 2 million tenge. For any size of the transaction, a fee of 1% of the transferred amount is withdrawn, but not less than 100 tenge.
In addition, you should be aware that the restrictions that were imposed before 07/01/2015 will still not be automatically removed. It is possible to pay them and lift the ban only according to the previously established procedure. And it involves removing the restriction within 5 days from the date of submission of supporting documents. Therefore, it is very important to check the exit restriction before leaving the Republic of Kazakhstan so as not to encounter an unpleasant situation in front of the registration desk for the plane.
Why does the state need this?
At the time of the bill's initiation, there were many skeptical opinions around the travel ban. Nevertheless, after a year it became clear that people who received a travel restriction began to pay off their debts much faster. At the same time, it does not matter at all that these are debts on alimony or utilities, unpaid fines or loans. That is, the measure to limit exit was quite justified.