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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of November 26, 2019 No. 561

About approval of Rules of passing of training at the private legal executive

(as amended of the Order of the Minister of Justice of the Republic of Kazakhstan of 15.10.2021 No. 888)

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 passing of training at the private legal executive.

2. Declare invalid the order, and also structural elements of some orders of the Minister of Justice of the Republic of Kazakhstan, according to the list according to appendix to this order.

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

1) state registration of this order;

2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

4. To impose control of execution of this order on the supervising vice-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 November 26, 2019 No. 561

Rules of passing of training at the private legal executive

Chapter 1. General provisions

1. Rules of passing of training at the private legal executive (further - Rules) are developed 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" (further - the Law) and determine procedure for passing of training at the private legal executive.

The purpose of passing of training is acquisition of professional, theoretical knowledge and practical skills of activities of the private legal executive.

Chapter 2. Procedure for the admission to passing of training, the conclusion of the agreement on passing of training

2. Person who showed willingness to pass training for receipt of license for activities of the private legal executive and conforming to requirements, stipulated in Item 2 Articles 140, of Item 1-1 of article 156 of the Law files petition in any form in "Training Center under Republican Chamber of Private Legal Executives" Organization (further - Training center).

The following documents are enclosed to the application for the admission to passing of training:

1) copy of the identity document of the citizen of the Republic of Kazakhstan;

2) the copy of the diploma about the higher legal education (notarially attested, in case of lack of the original for reconciliation);

3) the copy of the document confirming labor activity (in the presence);

4) data (about dynamic observation (or lack of dynamic observation) patients with mental behavioural disturbances in form, according to appendix to Rules of rendering the state service "Provision of data from the Center of mental health "Psychiatry" No. KR DSM-49/2020 approved by the order of the Minister of Health of the Republic of Kazakhstan of May 18, 2020 (it is registered in the Register of state registration of regulatory legal acts for No. 20665);

5) data (about dynamic observation (or lack of dynamic observation) narcological patients) in form, according to appendix to Rules of rendering the state service "Provision of data from the Center of mental health "Narcology" No. KR DSM-49/2020 approved by the order of the Minister of Health of the Republic of Kazakhstan of May 18, 2020 (it is registered in the Register of state registration of regulatory legal acts for No. 20665);

6) the certificate of availability or lack of criminal record in form, according to appendix 4 to Rules of rendering the state service "Issue of the Certificate of Availability or Lack of Criminal Record" approved by the order of the Attorney-General of the Republic of Kazakhstan of May 18, 2020 No. 64 (it is registered in the Register of state registration of regulatory legal acts for No. 20674);

7) two photos of 3х4 centimeters in size.

3. The training center within ten working days from the date of receipt of the statement checks completeness of the submitted documents, and also for compliance of persons to requirements, stipulated in Item 2 Article 140 and Item 1-1 of article 156 of the Law and submits to the Commission created in Training center (further - the Commission).

In case of factual determination of incompleteness of the submitted documents and discrepancy of persons to requirements of this Item of Rules, the Training center within five working days directs written motivated refusal in further review of the statement and returns documents.

4. The structure of the Commission consists of odd number of people (at least five) and includes representatives of Training center, members of Republican chamber of private legal executives (further - Republican chamber), and also representatives of higher educational institutions and non-governmental organizations.

For the purpose of ensuring openness and publicity on commission sessions are performed audio-and (or) video or shorthand. The shorthand report, audio-and (or) video of the course of meeting join the minutes and are stored together with commission session materials.

In five calendar days prior to the appointed commission session, the Training center notifies persons on date and time of commission session.

During the meeting the Commission studies the submitted documents according to Item 2 of Rules and conducts interview for determination of persons to passing of training.

The interview with persons is conducted with use of video conference in buildings of branches of Republican chamber in the place of its registration.

By results of meeting, the Commission by vote accepts one of the following motivated decisions:

1) about the admission to passing of training, appointment of the head and term of passing of training;

2) about refusal in the admission to passing of training.

5. In case of absence at person of one year of length of service in the field of enforcement proceeding the term of passing of training constitutes at least six months.

The commission appoints the head of training from among the private legal executives having length of service of the legal executive at least three years in place of registration of the applicant wishing to pass training.

At the same time at one private legal executive training there pass no more than two trainees.

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