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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2017 No. 326

About approval of the Regulations on the commission on licensing of judicial and expert activities

Being guided by the subitem 24) of article 12 of the Law of the Republic of Kazakhstan of February 10, 2017 "About judicial and expert activities", and also with the subitem 3) of Item 2 of article 7 of the Law of the Republic of Kazakhstan "About judicial authorities" PRIKAZYVAYU:

1. Approve the enclosed Regulations on the commission on licensing of judicial and expert activities.

3. To provide to department on the organization of expert activities:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan.

4. To impose control of execution of this order on the supervising deputy minister of justice of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Minister of Justice of the Republic of Kazakhstan

M. Beketayev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of March 30, 2017 No. 326

Regulations on the commission on licensing of judicial and expert activities

Chapter 1. General provisions

1. The regulations on the commission on licensing of judicial and expert activities (further – the Provision) are developed according to the subitem 24) of article 12 of the Law of the Republic of Kazakhstan "About judicial and expert activities" (further - the Law).

2. This Provision regulates activities of the commission on licensing of judicial and expert activities (further - the Commission).

3. The commission and its structure is created under the Ministry of Justice of the Republic of Kazakhstan (further – the Ministry).

4. In the work the Commission is guided by the Constitution of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan "About permissions and notifications", "About judicial and expert activities" and other regulatory legal acts of the Republic of Kazakhstan in the field of licensing and judicial and expert activities.

5. The structure of the Commission consists of odd number of members (at least five people). Commission chairman is the director of the department of the organization of expert activities or person fulfilling its duties.

The Commissions are included representatives of Department on the organizations of expert activities, and also bodies of judicial examination of the Ministry having special scientific knowledge, academic degree or experience of scientific and expert work at least five years in this industry.

6. The main objectives of the Commission are determination of compliance of the applicant to the qualification requirements imposed to the licensee and also accomplishment of other tasks provided by orders of the Ministry of Justice.

7. The commission according to the tasks assigned to it performs the following functions:

1) makes the decision on licensing, on suspension and/or renewal, and also cancellation of the license for occupation judicial and expert activities to physical person, on the basis of the provided materials;

2) in cases, stipulated in Item 3 articles 14 of the Law deprivation of the license for occupation judicial and expert activities is performed judicially in the claim of the Ministry of Justice of the Republic of Kazakhstan.

Chapter 2. Powers of the commission on licensing

8. Commission chairman:

1) convenes meetings;

2) performs the common directorship of activities of the Commission;

3) presides over commission sessions.

During absence (business trip, temporary disability, leave) of the commission chairman of its function one of vice-chairmen of the Commission, the first according to the list of the approved structure of the Commission, in case of its absence following according to the list carries out.

9. Members of the commission:

1) get acquainted with the provided materials on receipt of the license;

2) pass the decision on licensing, on suspension, renewal, or cancellation of the license;

3) consider the questions which are subject to permission on commission session and pass corresponding the decision.

10. The member of the commission is subject to branch if it:

1) is the licensor's relative;

2) personally, it is directly or indirectly interested in licensing or there are other circumstances raising reasonable doubts in his impartiality.

11. In the presence of the circumstances specified in Item 10 of this Provision, the member of the commission declares rejection.

In case of not the statement of rejection, branch is declared by members of the commission, participating in meeting, or the applicant.

12. Rejection and branch is declared both before consideration of the submitted documents, and during consideration.

13. The decision on rejection (branch) of the member of the commission is made by the Commission in writing by a majority vote of her members participating in meeting and announced in the presence of the member of the commission.

14. The decision on variation or satisfaction of branch is not subject to appeal.

15. Members of the commission, does not delegate the powers on participation by other persons.

16. Secretary of the Commission:

1) notifies members of the commission on date and the venue of commission session;

2) provides preparation of necessary documents, materials, takes the protocol and draws up solutions of commission session after its carrying out.

The secretary of the commission is not member of the commission.

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