Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of April 23, 2012 No. 169

The instruction on the organization and conducting checks on observance of licensed requirements by the licensees performing activities in the judicial and expert sphere

1. General provisions

1. This Instruction on the organization and conducting checks on observance of licensed requirements by the licensees performing activities in the judicial and expert sphere (further - the Instruction) is developed according to the subitem 4) of article 11 of the Law of the Republic of Kazakhstan of January 06, 2011 No. 377-IV "About the state control and supervision in the Republic of Kazakhstan", the subitem 7) of article 24 of the Law of the Republic of Kazakhstan of March 18, 2002 No. 304 "About judicial authorities", the subitem 4) of article 8 of the Law of the Republic of Kazakhstan of January 11, 2007 No. 214 "About licensing" and disaggregates the organization and conducting checks for observance of licensed requirements when implementing by licensees of judicial and expert activities in the Republic of Kazakhstan.

2. When conducting checks the staff of the Ministry of Justice of the Republic of Kazakhstan and its territorial authorities are guided by the Constitution of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Instruction.

3. Tasks of checks are:

1) ensuring control of observance by licensees of the Law of the Republic of Kazakhstan "About judicial and expert activities in the Republic of Kazakhstan", Criminal procedure, Civil and procedural codes and the Code of the Republic of Kazakhstan about administrative offenses, the Law of the Republic of Kazakhstan "About licensing", the judicial examinations and licensed requirements to the court experts performing activities in the judicial and expert sphere regulating questions of judicial and expert activities in case of production based on the license;

2) detection of expert opinions, with the return conclusions;

3) detection of discrepancy of material and technical resources to Standards and requirements to specially equipped rooms in which production of judicial examination is performed, approved by the order of the Government of the Republic of Kazakhstan of November 7, 2001 No. 1414;

4) clerical work condition assessment;

5) rendering the methodical help to licensees concerning judicial and expert activities.

2. Organization of conducting checks

1. The organization and coordination of work on conducting checks of the licensees performing activities in the judicial and expert sphere is assigned to Committee of registration service of the Ministry of Justice of the Republic of Kazakhstan (further - Committee).

2. Types of checks of activities of licensees:

1) scheduled inspections (including complex and thematic);

3) unscheduled inspections (including complex and thematic).

3. Scheduled inspections are performed according to the Verification plan (dalee-Plan) constituted by judicial authorities of the Republic of Kazakhstan, approved by the order of the first head of judicial authorities (or person fulfilling its duties).

The plan is constituted for one year and consists of the Sections determining the venue, the list of licensees, terms of conducting checks.

The plan is the basis for conducting checks of professional activity of the same licensee, but is not more often than once a half-year, taking into account criteria for evaluation of risk degree.

Claims of physical persons and legal entities, acts of public prosecutor's reaction, procedural documents of law enforcement agencies, private resolutions, determinations of courts concerning the licensee form the basis for carrying out unscheduled inspections.

When scheduling the following factors and circumstances are subject to accounting:

length of service of the licensee in the field of judicial and expert activities;

unsatisfactory results of the previous checks, proceeding from criteria for evaluation of degree of risks in the field of judicial and expert activities;

not execution by the licensee of the recommendations made by results of the previous checks;

availability of claims and statements to actions of the licensee;

availability of repeated examinations with the return conclusion;

availability of acts of public prosecutor's reaction concerning the licensee;

availability of private resolutions or determinations of court concerning the licensee;

in case of evasion by the licensee from passing of the next certification.

Unscheduled inspection covers only those actions, illegality (abnormality) of which is specified in the claim, acts of public prosecutor's reaction, procedural documents of law enforcement agencies, private resolutions, determinations of courts, repeated examinations with opposite conclusions, negative reviews.

3. Conducting checks

1. For implementation of checks the order of judicial authority of the Republic of Kazakhstan creates the commission from number of persons employed of judicial authorities and the Center of judicial examination, as a part of at least three people.

In the order the staff of the commission, surname, name, middle name of the licensee whose professional activity is subject to check, the check bases, terms established for check implementation, the period of professional activity of the licensee which is covered by check are reflected.

The order the commission chairman to whom the proper organization of check and coordination of activities of members of the commission is assigned also affirms.

2. Prior to check the order and its copy with the completed information accounting card are registered in territorial authorities of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - authorized body), according to requirements of the current legislation.

It is performed by judicial authorities after registration of the order on conducting check in authorized body.

The date specified in the order on conducting check is considered start date of check.

The review period is established taking into account the forthcoming works, objectives and structure of the checking group, but no more than 30 calendar days.

The termination, suspension, renewal, prolongation of review period is made by the first head of judicial authorities (or, person fulfilling its duties).

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info