of May 22, 2012 No. 653
About approval of the Rules of carrying out certification of persons which passed training and applying for occupation lawyer activities and for the occupation right notarial activities
For the purpose of implementation of the laws of the Republic of Kazakhstan of December 5, 1997 "About lawyer activities" and of July 14, 1997 "About notariate" the Government of the Republic of Kazakhstan DECIDES:
1. Approve enclosed:
1) Rules of carrying out certification of the persons which passed training and applying for occupation lawyer activities;
2) Rules of carrying out certification of the persons which passed training and applying for the occupation right notarial activities.
2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.
3. This resolution becomes effective after ten calendar days after the first official publication.
Prime Minister of the Republic of Kazakhstan
Approved by the order of the Government of the Republic of Kazakhstan of May 22, 2012 No. 653
1. These rules of carrying out certification of the persons which passed training and applying for occupation lawyer activities (further - Rules), are developed according to the Law of the Republic of Kazakhstan of December 5, 1997 "About lawyer activities" and determine procedure and conditions of carrying out certification of the persons which passed training and applying for occupation lawyer activities.
2. The persons which are applying for occupation lawyer activities and passed training in Bars undergo certification in the commission on certification of persons applying for occupation the lawyer activities (further - the Commission) created under territorial authority of justice of areas, the cities of republican value and the capital (further - territorial authorities of justice).
Working body of the Commission is the territorial authority of justice.
The commission consists of seven members - three lawyers, two representatives of judicial authorities, the scientist-jurist and the deputy of maslikhat.
Lawyers are nominated by presidium of Bar and are recommended to territorial authority of justice for inclusion in structure of the commission.
The candidate for the scientist-jurist is recommended by the higher educational institutions realizing educational training programs of the higher education in the territory of the corresponding administrative and territorial unit.
The candidate for the deputy of maslikhat is recommended by maslikhats of areas, the cities of republican value and the capital.
In case of secession of the Commission of one of members, the new member is included no later than one month from the date of disposal.
Commission chairman is the deputy chief of territorial authority of justice supervising questions of certifying commission.
For the organization of activities of the Commission by territorial authority of justice from number of persons employed of territorial authority of justice the secretary of the Commission is appointed.
The secretary of the Commission creates the agenda of commission session and draws up protocols of meetings. The secretary is not member of the commission.
The staff of the Commission on representation of territorial authorities of justice affirms the order of the Minister of Justice of the Republic of Kazakhstan.
3. Are exempted from passing of certification:
1) the persons who passed qualification examination in the Qualification commission under the Supreme Judicial Council of the Republic of Kazakhstan, successfully passed training in court and received positive review of plenary session of the regional or equated to it court;
2) persons which stopped powers of the judge on the bases provided by subitems 1)
2), 3), 9) and 12) Item 1 of article 34 of the Constitutional law of the Republic of Kazakhstan of December 25, 2000 "About judicial system and the status of judges of the Republic of Kazakhstan";
3) persons dismissed from bodies of prosecutor's office and the investigation in the presence of length of service as the prosecutor or the investigator at least ten years except for dismissed for negative motives.
4. Representatives of mass media have the right to be present at commission session. On date of meeting of mass media are informed by territorial authority of justice.
For the purpose of ensuring openness and publicity on commission sessions are performed audio-and (or) videos or shorthand. The shorthand report, audio-and (or) the videos received during the meeting join the minutes and are stored together with materials of the Commission.
5. Person applying for occupation lawyer activities after passing of training directs the application for the admission to certification to the Commission on residence through territorial authority of justice, with appendix of the following documents:
1) copy of the identity document of the citizen of the Republic of Kazakhstan;
2) the copy of the diploma about the higher legal education (notarially attested in case of non-presentation of the original for reconciliation);
3) the medical certificates from narcological and psychiatric dispensaries issued on the applicant's residence;
4) the certificate of lack of criminal record issued on the applicant's residence with indication of data on all republic;
5) the conclusion about passing of training (it is not represented in case of execution of the conclusion in electronic form).
6. In case of inadequate registration (absence on documents of date and registration number, the authorized signature or official stamp) or representations of incomplete document package, the statement which arrived in office of territorial authority of justice through postal departments of communication together with the submitted documents returns to the applicant without consideration no later than two working days from the date of their receipt with the written notice of return reason in time. In case of submission of documents by the applicant purposely return of the statement without consideration together with the submitted documents the department is made immediately.
7. In case of lack of the bases for return of the statement without consideration, documents are sent by territorial authority of justice for consideration of the Commission. Following the results of consideration of the documents Commission passes the decision on the admission or on refusal in the admission to certification.
In the admission to certification refuses if the applicant does not conform to requirements, the established Law of the Republic of Kazakhstan "About lawyer activities".
The decision on refusal in the admission to certification goes territorial authorities of justice to the applicant no later than seven working days from the date of receipt of the statement.
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