19.08.2025
Debt Collection Strategies for Non-Residents in Kazakhstan
Authors: Massatbayeva Aigerim,
Legal consultant,
University of Vienna graduate, LLM
law firm Qazlegal Consult
Azambaeva Anna, lawyer
Kazakhstan is particularly attractive to foreign investors due to its strategic location, stable financial system and openness to international business. However, any commercial activity may be accompanied by risks of non-payment or bad faith fulfillment of obligations by counterparties on both sides. Debt collection is an important part of protecting business interests. The basis of any effective debt collection is a well-written contract, including clear obligations of the parties and the procedure for resolving disputes.
In Kazakhstan, the most practical significance is in claims for disputes related to the violation of contractual obligations: supply, contract, lease and services.
For entrepreneurs, it is very important to understand what legal instruments are available for debt collection. This article examines the main methods of collection based on the current legislation of the Republic of Kazakhstan: pre-trial procedure, litigation and order-based proceedings, notarial executive inscription, enforcement of judgments, as well as international aspects. How to effectively and within the framework of the law protect your interests in the event of overdue debt.
Pre-trial dispute resolution procedure. In accordance with Article 148 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC of the RK), before file the claim it is required to comply with the pre-claim procedure, if it is established by law or by the agreement between the parties.
Failure to comply with the mandatory pre-claim procedure in the presence of a corresponding requirement of the law or contract may result in the return of the statement of claim without consideration (Article 152 of the CPC of the RK).
Jurisdiction. It is necessary to pay close attention to the definition of jurisdiction, that is, the court in which the dispute will be considered in accordance with Article 29 of the CPC of the RK, claims are filed in the court at the location of the defendant, unless the terms of the agreement specify another jurisdiction.
Foreign companies have the right to provide for contractual jurisdiction or arbitration clause in the contract.
The judicial stage of debt collection comes down to confirming the debtor’s obligations to repay the debt and securing it by obtaining a court decision.
