I.O'S ORDER. MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of May 28, 2020 No. 61

About approval of Rules of rendering the state services in questions of lawyer activities

According to the subitem 2) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Approve:

1) Rules of rendering the state service "Carrying Out Certification of Persons Applying for Occupation Lawyer Activities" according to appendix 1 to this order;

2) Rules of rendering the state service "Licensing for Occupation Lawyer Activities" according to appendix 2 to this order;

2. Recognize invalid some orders of the Minister of Justice of the Republic of Kazakhstan according to appendix 3 to this order.

3. 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 state registration of this order.

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.

Appendix

to the Order of the deputy. The Minister of Justice of the Republic of Kazakhstan of May 28, 2020 No. 61

Rules of rendering the state service "Carrying Out Certification of Persons Applying for Occupation Lawyer Activities"

Chapter 1. General provisions

1. These rules of rendering the state service "Carrying Out Certification of Persons Applying for Occupation Lawyer Activities" (further - Rules) are developed by the Ministry of Justice of the Republic of Kazakhstan according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" and determine procedure for rendering the state service "Carrying Out Certification of Persons Applying for Occupation Lawyer Activities".

Chapter 2. Procedure for rendering the state service

2. Person applying for occupation lawyer activities (further - uslugopoluchatel), successfully past sends training at the lawyer to the Commission on certification of persons applying for occupation the lawyer activities (further - the Commission) created under Departments of justice of areas, cities of republican value and capital through the web portal of "the electronic government" www.egov.kz, www.elicense.kz the documents specified in Item 8 of the Standard of the state service "Carrying Out Certification of Persons Applying for Occupation Lawyer Activities" (dalee-Standart) in electronic form signed by the digital signature (dalee-ETsP) according to appendix 1 to these rules.

At the choice of uslugopoluchatel the state service appears by the principle of "one statement" in total with the state service "Licensing for Occupation Lawyer Activities".

3. The state service "Carrying out certification of persons applying for occupation lawyer activities (further - the state service) appears Departments of justice of areas, cities of republican value and capital (further - the service provider).

4. The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering and also other data taking into account features of provision of the state service is provided in the Standard.

/ not condition on dispensary accounting at the narcologist and the psychiatrist the service provider receives data on the identity document of uslugopoluchatel, on the license, on availability or lack of criminal record and on condition from the corresponding information systems through lock of "the electronic government".

The service provider receives the consent of uslugopoluchatel to use of the data which are the secret protected by the law, containing in information systems when rendering the state services if other is not provided by the laws of the Republic of Kazakhstan.

The service provider in day of receipt of documents performs their acceptance and registration. Through the portal to uslugopoluchatel in "personal account" the status about adoption of the statement goes for the state service.

In case of the address of the applicant after the termination of working hours, in days off and holidays according to the labor law, reception of applications and issue of results of rendering the state service is performed the next working afternoon.

5. The service provider within 2 (two) working days from the date of receipt of documents checks completeness of the submitted documents, in case of factual determination of incompleteness of the submitted documents prepares motivated refusal.

6. In case of provision by uslugopoluchatel of complete document package the service provider checks documents for compliance to qualification requirements, approved by the order of the acting minister of justice of the Republic of Kazakhstan of January 20, 2015 No. 20 (No. 10270) is registered in the Ministry of Justice of the Republic of Kazakhstan of February 17, 2015 and submits to the Commission.

7. Documents of uslugopoluchatel on the admission to certification are considered by the commission within 11 (eleven) calendar days.

Person applying for occupation lawyer activities in case of filing of application determines the place and language (Kazakh or Russian) carrying out certification.

In the admission to certification refuses if the uslugopoluchatel does not conform to requirements of article 32 of the Law of the Republic of Kazakhstan "About lawyer activities and legal aid" (further – the Law).

For refusal in rendering the state service the service provider notifies uslugopoluchatel on the provisional solution about refusal of the state service, and also time and the place (method) of carrying out hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution.

The objection of uslugopoluchatel according to the provisional solution is accepted by the service provider within 2 working days from the date of its obtaining.

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