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
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.
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