Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of March 18, 2002 No. 304-II

About judicial authorities

(as amended on 02-04-2019)

Chapter 1. General provisions

Article 1. Status of judicial authorities of the Republic of Kazakhstan

Judicial authorities of the Republic of Kazakhstan (further - judicial authorities) are the executive bodies within the competence performing legal support of activities of the state, supporting the legality mode in work of state bodies, organizations, officials and citizens, providing protection of the rights and legitimate interests of citizens and the organizations.

Article 2. Legal basis of activities of judicial authorities

The legal basis of activities of judicial authorities is constituted by the Constitution of the Republic of Kazakhstan, this Law and other regulatory legal acts, and also the international agreements of the Republic of Kazakhstan.

Article 3. Tasks of judicial authorities

Tasks of judicial authorities are:

1) participation in forming of the national legal system aimed at providing supremacy of rights and freedoms of man and citizen, sovereignty of the Republic of Kazakhstan, sustainable and forward development of the Kazakhstan society and state by participation in development and implementation of the nation-wide development strategy, conducting bill work, the analysis, enhancement, systematization of the legislation, conducting legal examination of projects of regulatory legal acts;

2) legal support of activities of Kazakhstan on the international scene for the purpose of protection of its national interests and strengthening of the authority of the republic on the world community, including by preparation and the conclusion of international treaties of the Republic of Kazakhstan;

3) implementation of state registration of legal entities, being non-profit organizations, accounting registration of their branches and representations, state registration of regulatory legal acts of the central state bodies and departments, local representative and executive bodies, and also akims, ensuring the state accounting of regulatory legal acts of the Republic of Kazakhstan;

3-1) forming and realization of state policy in the field of implementation of state registration, the organization and rendering legal aid, legal promotion;

3-2) realization of state policy in the field of state registration of the rights to real estate, registration of pledge of personal estate, the state technical inspection of real estate and maintaining the register of pledge of personal estate;

4) organization and rendering legal aid and ensuring legal promotion;

5) organization and implementation of judicial and expert activities;

6) No. 547-IV ZRK is excluded according to the Law of the Republic of Kazakhstan of 18.01.2012

6-1)  No. 547-IV ZRK is excluded according to the Law of the Republic of Kazakhstan of 18.01.2012

6-2)  No. 547-IV ZRK is excluded according to the Law of the Republic of Kazakhstan of 18.01.2012

7) forming and realization of state policy in the field of protection and protection of intellectual property rights;

8) it is excluded

9) implementation of production on cases on administrative offenses according to the law of the Republic of Kazakhstan;

9-1) it is excluded

9-2) it is excluded

9-3) forming and realization of state policy in the field of execution of executive documents;

9-4) forming and realization of state policy in the field of judicial and expert activities;

10) implementation of other tasks assigned to them by the legislation of the Republic of Kazakhstan.

Article 4. Principles of activities of judicial authorities

Activities of judicial authorities are based on the principles:

1) legality;

2) ensuring right of defense, equality of all before the law, respect and observance of rights and freedoms of man and citizen;

3) publicity, interaction with law enforcement and other state bodies, other organizations and officials;

4) independence of activities of political parties and other public associations;

5)  No. 547-IV ZRK is excluded according to the Law of the Republic of Kazakhstan of 18.01.2012

6) unities of system of judicial authorities.

Chapter 2. System and organization of activities of judicial authorities

Article 5. System of judicial authorities

1. The single system of judicial authorities is constituted:

1) the judicial authorities including:

Ministry of Justice of the Republic of Kazakhstan;

territorial authorities, departments and organizations of justice;

2) organizations and other subordinated organizations.

Article 6. Ministry of Justice of the Republic of Kazakhstan

1. The Ministry of Justice of the Republic of Kazakhstan is the central executive body entering into structure of the Government of the Republic of Kazakhstan, formed, reorganized and abolished by the President of the Republic on representation of the Prime Minister of the Republic.

2. The Ministry of Justice is headed by the Minister appointed to position on the representation of the Prime Minister of the Republic of Kazakhstan brought after consultations with the Majilis of Parliament of the Republic of Kazakhstan, and dismissed by the President of the Republic of Kazakhstan.

3. No. 269-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.12.2014

4. The Ministry of Justice of the Republic of Kazakhstan enhances reporting system and estimates of activities with priority of questions of prevention of crime, protection of constitutional rights and freedoms of citizens, interests of society and state, trust from the population, with determination of mechanisms of the external assessment given by representative bodies and the public with introduction of rating assessment of level of corruption, and also establishes different forms of cooperation with institutes of civil society.

Article 7. Powers of the Minister of Justice of the Republic of Kazakhstan

1. The Minister of Justice of the Republic of Kazakhstan (further - the Minister) performs management of judicial authorities and bears the personal responsibility for accomplishment of the tasks assigned to judicial authorities.

2. Minister:

1) appoints to position and dismisses heads of the departments subordinated to the Ministry of Justice of the organizations, and also their deputies according to the legislation of the Republic of Kazakhstan;

2) files the action for declaration in court about recognition of the regulatory legal acts which are subject to state registration in judicial authorities, but did not undergo it, invalid;

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