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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of September 28, 2018 No. 1466

About approval of Rules of carrying out certification of persons applying for occupation lawyer activities and modification of the Order of the Minister of Justice of the Republic of Kazakhstan of January 27, 2015 No. 56 "About approval of the Rules of carrying out certification of persons which passed training and applying for occupation lawyer activities and for the occupation right notarial activities"

According to Item 1 of article 40 of the Law of the Republic of Kazakhstan of July 5, 2018 "About lawyer activities and legal aid" I ORDER:

1. Approve the enclosed Rules of carrying out certification of persons applying for occupation lawyer activities.

2. In the order of the Minister of Justice of the Republic of Kazakhstan of January 27, 2015 No. 56 "About approval of the Rules of carrying out certification of persons which passed training and applying for occupation lawyer activities and for the occupation right notarial activities" (it is registered in the Register of state registration of regulatory legal acts No. 10269, it is published on March 5, 2015 in information system of law of Ad_let) to make the following change:

to state the name of the order in the following edition:

"About approval of the Rules of carrying out certification of persons which passed training and applying for the occupation right notarial activities"

state preamble in the following edition:

"According to article 7-2 of the Law of the Republic of Kazakhstan of July 14, 1997 "About notariate" I ORDER:".

in the Rules of carrying out certification of the persons which passed training and applying for the occupation right notarial activities, approved by the specified order:

to state heading of Chapter 1 in the following edition:

"Chapter 1. General provisions";

to state heading of Chapter 2 in the following edition:

"Chapter 2. Procedure for documents acceptance for certification passing"

to state heading of Chapter 3 in the following edition:

"Chapter 3. Procedure and conditions of carrying out certification";

state Item 10 in the following edition:

"10. The list of the questions which are subject to inclusion in tests is created by the Ministry of Justice of the Republic of Kazakhstan. Questions for assessment of knowledge of applicants shall correspond to subject of legal disciplines, (The Civil law of the Republic of Kazakhstan, Housing law of the Republic of Kazakhstan, the Land right of the Republic of Kazakhstan, the Code of the Republic of Kazakhstan "About scrap (matrimony) and family", the Laws of the Republic of Kazakhstan "About anti-corruption", "About state registration of the rights to real estate" and "About notariate" knowledge of which is necessary for implementation of notarial activities and to contain at least three answer options with one correct.

Testing is held with use of the computer equipment. Time allowed for testing constitutes ninety minutes.

Tests are confidential information, and are not subject to free distribution.

Before certification passing the Commission informs the applicant on procedure for carrying out certification, duration and contents of the procedure of selection of applicants.";

state Item 17 in the following edition:

"17. By results of testing and/or answers to the examination questions Commission passes the motivated decision on passing of certification by persons applying for the occupation right notarial activities for form according to appendix 1 or the decision on not passing of certification by persons applying for the occupation right notarial activities for form according to appendix 2 to these rules. Results of certification are disclosed in day of passing by the applicant of certification after its termination.

The decision of the Commission can be appealed judicially.

The decision of the Commission on passing of certification is valid within three years from the moment of its removal, according to Item 9 of article 7-2 of the Law.

The applicant who did not undergo certification is allowed to repeated certification not earlier than in one year.".

3. To provide to department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order;

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