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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of September 24, 2021 No. 827

About introduction of amendments to the Order of the acting minister of justice of the Republic of Kazakhstan of May 28, 2020 No. 62 "About approval of Rules of rendering the state services in questions of notarial activities"

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" I Order:

1. Bring in the order of the acting minister of justice of the Republic of Kazakhstan of May 28, 2020 No. 62 "About approval of Rules of rendering the state services in questions of notarial activities" (it is registered in the Register of state registration of regulatory legal acts for No. 20775) the following changes:

in Rules of rendering the state service "Carrying Out Certification of Persons Applying for the Occupation Right Notarial Activities":

state Item 7 in the following edition:

"7. Documents of uslugopoluchatel on the admission to certification are considered by the commission within 11 (eleven) working days. Following the results of consideration the commission passes the motivated decision on the admission or on refusal in the admission of the applicant to certification, on the bases provided in Item 9 of the Standard.

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

In the admission to certification refuses if the uslugopoluchatel does not conform to requirements of Item 1 of article 6 of the Law of the Republic of Kazakhstan "About notariate" (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.

By results of hearing the commission passes the motivated decision on the admission or on refusal in the admission of the applicant to certification.";

state Item 12 in the following edition:

"12. Applicants lists, allowed to certification, not later than 10 (ten) calendar days before its carrying out are placed on Internet resources of the service provider.

In case of appearance on commission session the applicant needs to have in case of himself the document proving his identity or the digital identity certificate from service of digital documents (for identification).";

state Item 14 in the following edition:

"14. The list of the questions which are subject to inclusion in tests and examination cards is created and affirms the Ministry of Justice of the Republic of Kazakhstan. Questions for applicants for knowledge of regulations of the legislation of the Republic of Kazakhstan (The Civil code of the Republic of Kazakhstan, the Land code of the Republic of Kazakhstan, the Code of the Republic of Kazakhstan "About scrap (matrimony) and family", the Administrative procedural Procedure Code of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan "About anti-corruption", "About state registration of the rights to real estate", "About the housing relations" and "About notariate") shall contain at least three answer options with one correct.

Testing is held with use of the computer equipment. Time allowed for testing constitutes ninety minutes.

Examination cards contain three questions which shall correspond to subject of legal disciplines which knowledge is necessary for implementation of notarial activities.

Tests and examination cards are confidential information and are not subject to free distribution.

Before certification passing the Commission informs the applicant on procedure for carrying out certification, duration and contents of the procedure of selection of applicants.";

state Items 20-22 in the following edition:

"20. The motivated decision on certification for form, according to appendix 2 or the decision on not certification for form, according to appendix 3 to these rules is result of rendering the state service.

The decision of the commission on certification or not certification is taken out in day of carrying out certification.

The result of rendering the state service is drawn up electronically, certified by the digital signature (further – the EDS) the authorized person of the service provider and goes to "personal account" of uslugopoluchatel in electronic form.

The decision of the Commission on passing of certification is valid within three years from the moment of its removal, according to Item 9 of article 7-2 of the Law.

21. Uslugopoluchatel who did not be on certification for reasonable excuse (in case of presentation of supporting documents about impossibility of presence for health reasons, because of stay in business trip, owing to force majeure), is called on the following commission session according to the procedure, provided in Item 9 of these rules.

In case of repeated absence or not the applicant's appearance on not reasonable excuse, its statement remains without consideration.

The service provider provides entering of data into information system of monitoring of rendering the state services on stage of rendering the state service.

22. The claim is submitted addressed to the head of the service provider of www.adilet.gov.kz.

The claim is accepted in writing by mail, by means of the web portal of "the electronic government" or purposely through office of the service provider or the Ministry.

The claim of uslugopoluchatel which arrived to the service provider or the Ministry is subject to consideration according to the Administrative procedural Procedure Code of the Republic of Kazakhstan.

The motivated answer about results of consideration of the claim goes to uslugopoluchatel by mail, by means of the web portal of "the electronic government" or is issued purposely in office of the service provider.

When sending the claim through the portal information on the address which is updated during processing of the address by the service provider is available to uslugopoluchatel from "personal account" (mark about delivery, registration, execution, the answer about consideration or refusal in consideration).

In case of disagreement with results of the rendered state service the uslugopoluchatel can address with the claim to authorized body by assessment and control of quality of rendering the state services or to court in the procedure established by the legislation of the Republic of Kazakhstan.";

notarial activities to state item 4 of Appendix 1 to Rules of carrying out certification on the occupation right in the following edition:

4

Form of rendering the state service

Electronic (completely automated) / rendered by the principle of "one statement"

in Rules of rendering the state service "Licensing for the Occupation Right Notarial Activities":

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