The Head of State signed the Law of the Republic of Kazakhstan “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on minimizing risks in lending, protecting borrowers’ rights, improving financial market regulation and enforcement proceedings.”

The law introduced a number of provisions aimed at preventing an increase in the debt burden of the population.

In order to eliminate the growth of citizens’ debts, a ban has been introduced on the provision of unsecured consumer loans to citizens who have overdue debts of more than 90 days. However, this prohibition does not apply to refinancing loans.

Military personnel for the period of compulsory military service and 60 days after demobilization are exempt from accrual of remuneration on loans.

Until May 1, 2026, banks and microfinance organizations have been banned from transferring individual debt to collectors. Since May 1, 2026, the transfer of individual debt rights (claims) to collectors has been tightened. From this date, the transfer can only be carried out if a number of conditions are met, including the expiration of 24 months from the date of the debt, the mandatory implementation of debt resolution measures.

The Banking Ombudsman has the competence to consider all loan disputes (before that, he could only consider disputes under mortgage agreements), and the institution of a microfinance ombudsman has been introduced. The decisions of the ombudsmen are binding on financial organizations if individuals agree with them.

During the consideration of applications by the Ombudsmen, foreclosure on mortgaged real estate of persons belonging to socially vulnerable segments of the population is prohibited. Also, these categories of citizens will be able to buy out their rented housing, which was previously transferred to the bank’s balance sheet due to non-fulfillment of obligations.

A ban has been imposed on the eviction of families with minor children and persons with disabilities of groups 1 and 2 from their only homes during the heating season.

From 1 subsistence minimum (43,407 tenge) to 2 subsistence minimum, the amount of funds that cannot be collected from the bank account due to debt has been increased.

Provisions have been introduced on simplified enforcement proceedings for the collection of administrative fines and tax arrears of up to 20 MCI. The proceedings will be conducted by the justice authorities through an automated system, which will exempt citizens from paying for the services of private bailiffs. In case of disagreement with such a mechanism, enforcement proceedings will be carried out in accordance with the generally established procedure.

The procedure for citizens to apply for bankruptcy has been simplified. Now it is not necessary to provide a list of creditors, copies of documents confirming the procedures for the settlement of debt disputes. This data will be requested from the credit bureau, where lenders should send the relevant information.

In order to prevent fraudulent activities, mandatory biometric identification for online loans has been introduced.

Earlier, a ban was imposed on the issuance of loans if the credit bureau has information about the voluntary refusal of citizens from loans. The law has introduced a requirement for financial institutions to write off debts on loans issued in violation of this prohibition. Also, in accordance with the adopted Law, this ban will no longer apply to microloans from pawnshops.

For loans obtained under the influence of fraudsters, for which judicial acts proving such a fact entered into force before the date of enactment of the Law, the debt will be written off. The Law improves the mechanisms for the sale of assets of banks and microfinance organizations by introducing a specialized electronic trading platform.

Источник: https://www.akorda.kz/ru/glavoy-gosudarstva-podpisan-zakon-po-voprosam-minimizacii-riskov-pri-kreditovanii-zashchity-prav-zaemshchikov-sovershenstvovaniya-regulirovaniya-finansovogo-rynka-i-ispolnitelnogo-proizvodstva-1954218