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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 1, 2018 No. 171

About approval of Rules of control of activities of private legal executives

(as amended on 31-05-2021)

According to the subitem 11) of article 167 of the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives" I ORDER:

1. Approve the enclosed Rules of control of activities of private legal executives.

2. Declare invalid:

1) the order of the Minister of Justice of the Republic of Kazakhstan of February 27, 2015 No. 122 "About approval of Rules of control of activities of private legal executives" (it is registered in the Register of state registration of regulatory legal acts for No. 10477, it is published on April 1, 2015 in information system of law of Ad_let);

2) the subitem 6) the List of some orders of the Minister of Justice of the Republic of Kazakhstan to which changes and additions are made the Minister of Justice of the Republic of Kazakhstan approved by the order of May 27, 2016 No. 357 (it is registered in the Register of state registration of regulatory legal acts for No. 13784, it is published on June 23, 2016 in information system of law of Ad_let).

3. To provide to department on execution of court resolutions in the procedure established by the legislation:

1) state registration of this order;

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Justice 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 February 1, 2018 No. 171

Rules of control of activities of private legal executives

Chapter 1. General provisions

1. These rules of control of activities of private legal executives (further - Rules) are developed according to the subitem 11) of article 167 of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives" of April 2, 2010 (further - the Law) and determine procedure for monitoring procedure behind activities of private legal executives.

2. The basic concepts used in these rules:

territorial authority - regional, the cities of republican value and the capital, district and city divisions of justice;

planned control - the check of activities of the private legal executive, materials of enforcement proceedings which is carried out according to the approved schedule of planned control of private legal executives;

unplanned control - the check of activities of the private legal executive, enforcement proceeding materials which is carried out in case of receipt of the claim to actions (failure to act) of the private legal executive or in the presence of the other information testimonial of unfair execution of the obligations by it;

authorized body - the state body enabling the realization of state policy and state regulation of activities in the field of ensuring execution of executive documents.

3. Control of activities of private legal executives is carried out by authorized body and its territorial authorities, Republican and regional chambers of private legal executives. In case of need under approval other corresponding authorized specialists are involved in monitoring procedure.

4. The purposes and tasks of control are:

law enforcement of executive actions in the field of private execution of executive documents;

ensuring compliance, recoveries of the property and non-property rights and legitimate interests of the parties of enforcement proceeding;

ensuring uniformity in law-enforcement practice of private legal executives;

prevention and the prevention of violations by private legal executives in the field of enforcement proceeding.

5. The principles of control are:

legality;

objectivity;

impartiality;

observance of professional ethics;

providing rights and legitimate interests of the parties of enforcement proceeding, private legal executive.

6. The term of monitoring procedure of the private legal executive constitutes no more than seven working days.

Monitoring procedure stops for temporary disability of the private legal executive.

In case of finding of the private legal executive on leave or absence for other reasons, the date of monitoring procedure is postponed.

Prolongation, suspension and postponement of monitoring procedure of the private legal executive are performed by the official authorized on purpose of control.

7. Copies of the order on purpose of control of activities of the private legal executive, the conclusion about results of control of the private legal executive and other documents are handed to the private legal executive or are delivered by mail by the registered mail with the notification, or with use of other means of communication providing delivery fixation.

Chapter 2. Procedure for carrying out planned control of private legal executives

8. Planned control of private legal executives is carried out according to the approved schedule of planned control of private legal executives in form according to appendix 1 to these rules.

9. The territorial authority of justice together with regional chamber of private legal executives on the termination every year no later than January 15, taking into account requirements of article 169 of the Law creates and approves the schedule of planned control of private legal executives.

The territorial authority of justice sends the approved schedule of planned control of private legal executives to authorized body no later than January 31 of the corresponding year.

10. In the schedule of planned control all private legal executives who are performing activities more than six months from the moment of accounting registration in judicial authorities, and also not performing activities more than six months at the time of forming of the schedule of control of private legal executives, but within the forthcoming year which term of implementation of activities will constitute more than six months are subject to inclusion.

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