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The document ceased to be valid since February 27, 2015 according to Item 2 of the Order of the Attorney-General of the Republic of Kazakhstan of January 12, 2015 No. 11

ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of June 1, 2012 No. 69

About approval of Rules of accounting of persons recognized in accordance with the established procedure as incapacitated or it is limited by capable

For the purpose of enhancement of accounting of persons recognized in accordance with the established procedure as incapacitated or it is limited capable according to subitem 2 of article 14 of the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and to special accounting", being guided by subitem 4-1) of article 11 of the Law of the Republic of Kazakhstan "About Prosecutor's office" of December 21, 1995, PRIKAZYVAYU:

1. Approve Rules of accounting of persons recognized in accordance with the established procedure incapacitated or it is limited by capable.

2. Declare invalid the order of the Attorney-General of the Republic of Kazakhstan of June 7, 2007 No. 22 "About approval of Rules of single procedure for accounting of persons recognized in accordance with the established procedure as incapacitated or it is limited capable" (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan for No. 4796).

3. To send to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee) this order:

1) in the Ministry of Justice of the Republic of Kazakhstan for state registration;

2) in Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) for use in work and territorial authorities of Committee for execution.

4. To impose control for execution of this order on the Chairman of Committee.

5. This order becomes effective from the date of its official publication.

 

Attorney-General

Republic of Kazakhstan A. Daulbayev

Approved by the order of the Attorney-General of the Republic of Kazakhstan of June 1, 2012, No. 69

Rules of accounting of persons recognized in accordance with the established procedure as incapacitated or it is limited by capable

1. General provisions

1. These rules of accounting of persons recognized in accordance with the established procedure as incapacitated or it is limited capable (further - Rules) are introduced for the purpose of single accounting of persons recognized as incapacitated or is limited by capable.

2. Accounting is performed by input by territorial authorities of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (daleeterritorialny body of Committee) of information about persons, incapacitated or is limited capable in the automated information system "Special Accounting" (dalee-AIS by SU) Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee).

3. Offices of the district and equated to them courts direct electronic versions of the information accounting document (further - EIUD) and the judgments about recognition of the citizen incapacitated or is limited capable, taken legal effect in territorial authority of Committee by means of the Single automated informatsionnoanalitichesky system of judicial authorities of the Republic of Kazakhstan (further - EAIAS FROM RK).

4. Managers of office of the district and equated to them courts provide timeliness, completeness and reliability of the provided information concerning persons recognized incapacitated or is limited by capable.

5. Chiefs of territorial authorities of Committee provide timeliness, completeness and reliability of the data entered into AIS SU.

6. These rules are obligatory for execution of offices of the district and equated to them courts of the Republic of Kazakhstan, Committee and its territorial authorities.

2. Procedure for accounting of persons recognized as incapacitated or it is limited by capable

7. The basis for registration of person is the decision on recognition of the citizen which is taken out by court and taken legal effect incapacitated or is limited by capable.

8. Input in AIS SU is performed based on the electronic copy of EIUD and the judgment which took legal effect about recognition of person by incapacitated or is limited capable, on civil case (further - the copy of the decision), arriving in territorial authorities of Committee ezhedekadno by means of EAIAS FROM RK.

9. Input of data in AIS SU is performed by territorial authorities of Committee within 3 working days from the moment of representation in EAIAS SO RK EIUD and copies of the judgment.

10. In case of need adjustments of the data entered into AIS SU concerning persons recognized as incapacitated or it is limited capable, courts send to territorial authority of Committee by means of EAIAS FROM RK the notification on modification of AIS SU with indication of the reason of adjustment of data and appendix of supporting documents.

11. Removal from accounting is performed by Committee by change of the status of person in AIS SU with "stays on the registry" on "is struck off the register" based on the letter of territorial authority of Committee with submission of supporting documents.

12. By the basis of removal from accounting of person recognized as incapacitated or it is limited capable is:

1) the judgment about complete recovery of capacity to act in the procedure established by the law;

2) the judgment about cancellation of the decision on recognition of person incapacitated or is limited by capable;

3) the death of person recognized by the judgment incapacitated or it is limited by capable.

The documents specified in subitems 1) and 2) are represented by courts to territorial authorities of Committee by means of EAIAS FROM RK.

3. Measures for ensuring completeness and reliability of data of accounting

13. After input/adjustment of data concerning persons recognized as incapacitated or it is limited capable, in AIS SU, the territorial authority of Committee in time no more than 3 working days e-mail sends to Committee the list with indication of surname, name, middle name and birth date of person delivered on accounting / modified.

14. Quarterly territorial authority of Committee carries out reconciliations of data of accounting to AIS SU with statistical information of the report No. 2 "About work of the courts of the first instance on consideration of civil cases" and data EAIAS CO PK.

4. Categories of persons which are subject to check on accounting and procedure for reclamation of data

15. Check on accounting is made for the purpose of receipt of data on capacity to act of the checked face.

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