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JOINT ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of December 27, 2019 No. 627, on December 30, 2019 No. 99

About approval of criteria for evaluation of risk degree and checking leaf in the field of activities of chambers of legal consultants

According to Item 3 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015, Item 2 of article 97 of the Law of the Republic of Kazakhstan of July 5, 2018 "About lawyer activities and legal aid" we ORDER:

1. Approve:

1) criteria for evaluation of risk degree in the field of activities of chamber of legal consultants, according to appendix 1 to this joint order;

2) checking leaf in the field of activities of chambers of legal consultants, according to appendix 2 to this joint order.

2. 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 joint order;

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

3. To impose control of execution of this joint order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

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

Minister of national economy of the Republic of Kazakhstan

R. Dalenov

Minister of Justice of the Republic of Kazakhstan

M. Beketayev

It is approved

Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

 

 

Appendix 1

to the Joint Order of the Minister of Justice of the Republic of Kazakhstan the Minister of national economy of the Republic of Kazakhstan of December 27, 2019 No. 627, on December 30, 2019 No. 99

Criteria for evaluation of risk degree in the field of activities of chambers of legal consultants

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree in the field of activities of chambers of legal consultants (further - Criteria) are developed according to the Entrepreneurial Code of the Republic of Kazakhstan of October 29, 2015 (further - the Code), the Law of the Republic of Kazakhstan of July 5, 2018 "About lawyer activities and legal aid" (further - the Law) and Rules of forming by the state bodies of system of risks assessment and form of checking sheets approved by the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 (it is registered in the Register of state registration of regulatory legal acts No. 17371) for reference of subjects (objects) of control performing activities of chambers of legal consultants to risk degrees.

2. In these Criteria the following concepts are used:

1) risk - probability of damnification as a result of activities of subject (object) of control to legitimate interests of physical persons and legal entities taking into account severity of its effects;

2) system of risks assessment - complex of the events held by control facility for the purpose of purpose of preventive control with visit of subject (object) of control;

3) objective criteria for evaluation of risk degree (further - objective criteria) - the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on risk degree of activities and which are not depending directly on separate subject (object) of control;

4) subjective criteria for evaluation of risk degree (further - subjective criteria) - the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on results of activities of specific subject (object) of control;

5) the checking sheet - the list of requirements including requirements imposed to activities of subjects (objects) of control which non-compliance involves threat to legitimate interests of physical persons and legal entities, the states;

6) subject (object) of control - chamber of legal consultants, according to the Law;

7) gross violations - violation of the requirements established by the legislation of the Republic of Kazakhstan in the field of activities of legal consultants, concerning membership of legal consultants in chamber, obligatory approvals of state bodies of internal documents of chamber of legal consultants, maintaining the register of members of chamber, availability of audit committee, provision of information in authorized body;

8) considerable violations - violation of the requirements established by the legislation of the Republic of Kazakhstan in the field of activities of legal consultants, concerning placement of information on Internet resource, availability in audit committee members of members of joint or executive governing bodies of chamber of legal consultants, ensuring advanced training of the members according to the approved standards of chamber, availability of rules of professional behavior and the Code of professional ethics;

9) insignificant violations - violations of the requirements established by the legislation of the Republic of Kazakhstan in the field of activities of legal consultants, concerning proper maintaining the register of members of chamber, availability of the established amount, procedure for rendering complex public legal aid and conditions of admission to membership of chamber and also other violations which are not referred to gross and considerable violations.

Chapter 2. Methods of carrying out preventive control with visit of subject (object) of control

3. Criteria for evaluation of risk degree for preventive control with visit of subject (object) of control in the field of activities of chambers of legal consultants are created by means of subjective and objective criteria.

Paragraph 1. Objective criteria

4. By objective criteria chambers of legal consultants treat subjects (objects) of control.

5. Concerning subjects (objects) of control unscheduled inspections, preventive control with visit and without visit of subject (object) of control are carried out.

6. Preventive control with visit of subject (object) of control is carried out based on semi-annual lists of preventive control with visit of subject (object) of control.

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