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 Items 5 and 6 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan, Item 2 of article 97 of the Law of the Republic of Kazakhstan "About lawyer activities and legal aid" and the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 "About approval of Rules of forming by regulatory state agencies of system of assessment and risk management and about introduction of amendments to the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of Rules of forming by state bodies of system of risks assessment and form of checking sheets" (it is registered in the Register of state registration of regulatory legal acts No. 28577) and the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of form of checking leaf" (it is registered in the Register of state registration of regulatory legal acts No. 17371) 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.

Appendix 1

to the joint Order of the Minister of Justice of the Republic of Kazakhstan and 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 Items 5 and 6 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan (further - the Code), the Law of the Republic of Kazakhstan "About lawyer activities and legal aid", and Rules of forming by regulatory state agencies of system of assessment and risk management, the approved order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 (No. 3 is registered in the Register of state registration of regulatory legal acts No. 28577) by the approved order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 (it is registered in the Register of state registration of regulatory legal acts No. 17371).

2. In these Criteria the following concepts are used:

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

2) system of assessment and risk management – process of acceptance of the management decisions directed to decrease in probability of approach of adverse factors by distribution of subjects of control on risk degrees for the subsequent implementation of preventive control with visit of the subject of control for the purpose of minimum possible extent of restriction of freedom of enterprise, providing at the same time admissible risk level in the corresponding fields of activity, and also directed to change of risk level for the specific subject of control and (or) release of such subject of control and preventive control with visit of the subject 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 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 of control depending on results of activities of the specific subject of control;

5) the checking sheet – the list of requirements imposed to activities of subjects of control which non-compliance involves violation of the rights of legitimate interests of physical persons and legal entities, the states.

6) the subject of control – chamber of legal consultants;

7) gross violations – violations of the requirements established by the legislation of the Republic of Kazakhstan in the field of activities of legal consultants who can lead to fundamental breaches of the rights, freedoms and legitimate interests of physical persons and legal entities;

8) considerable violations – the violations of requirements of the legislation of the Republic of Kazakhstan in the field of activities of legal consultants creating premises for damnification of life, to health of the person, legitimate interests of physical persons and legal entities, the states.

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