of March 14, 2014 No. 106
About approval of Rules of activities of the commission on licensing of judicial and expert activities"
Being guided by item 4 of article 15 of the Law of the Republic of Kazakhstan of January 20, 2010 "About judicial and expert activities in the Republic of Kazakhstan", PRIKAZYVAYU:
1. Approve the enclosed Rules of activities of the commission on licensing of judicial and expert activities.
2. To impose control of execution of this order on the Chairman of Committee of registration service and rendering the Ministry of Justice of the Republic of Kazakhstan to legal assistance Abishev B. Sh.
3. To provide to committee of registration service and rendering legal assistance in the procedure established by the legislation state registration of this order and its official publication.
Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of March 14, 2014 No. 106
1. These rules are developed according to item 4 of article 15 of the Law of the Republic of Kazakhstan of January 20, 2010 "About judicial and expert activities in the Republic of Kazakhstan" and determine procedure for activities of the commission on licensing of judicial and expert activities (further - the Commission).
2. The commission is created under the Ministry of Justice of the Republic of Kazakhstan (further - the Ministry).
3. In the work the Commission is guided by the Constitution of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "About permissions and notifications" and other regulatory legal acts of the Republic of Kazakhstan in the field of licensing and judicial and expert activities.
4. The structure of the Commission consists of odd number of members (at least five people). Commission chairman is the deputy minister of justice of the Republic of Kazakhstan.
The Commissions are included representatives of Department on the organizations of expert activities and bodies of judicial examination of the Ministry having academic degree or experience of scientific and expert work at least 5 years in this industry of scientific knowledge
5. The main objectives of the Commission are:
1) determination of compliance of the applicant to qualification requirements of judicial and expert activities according to the qualification requirements approved by the order of the Government of the Republic of Kazakhstan of November 16, 2012 No. 1454 (further - Qualification requirements);
2) issue or refusal in licensing for occupation judicial and expert activities to physical person.
6. The commission according to the tasks assigned to it performs the following functions:
1) makes decisions on issue or refusal in licensing for occupation judicial and expert activities to physical person;
2) in cases, stipulated in Item 4 articles 16 of the Law of the Republic of Kazakhstan "About judicial and expert activities in the Republic of Kazakhstan" addresses the Minister of Justice of the Republic of Kazakhstan with idea of preparation of the action for declaration of deprivation of the license for occupation judicial and expert activities.
7. The commission for the solution of tasks and implementation of functions requests from the applicant the documents concerning compliance to the Qualification requirements imposed to the applicant employs specialists and experts for realization of tasks of the Commission.
8. The commission chairman directs its activities, holds commission sessions, plans work and exercises control of activities of the Commission.
During absence of the commission chairman of its function the vice-chairman of the Commission carries out.
9. Commission sessions are held as required, and are considered competent if at them there are at least two thirds of total number of members of the commission.
Members of the commission are notified on time and the place of meeting.
10. Members of the commission to other persons do not delegate the powers on participation in meetings.
11. The secretary of the Commission performs preparation of materials for holding meeting, and represents them to the Commission, conducts clerical work.
The secretary is not member of the commission.
12. The decision of the Commission is made based on the documents submitted on licensing, the conclusions of members of the commission by open voting by a simple majority vote from number of attendees and appears presiding.
In case of equal number of votes, the voice of the commission chairman is decisive.
13. Commission sessions are recorded, the minutes of the Commission are signed by members of the commission by results of holding meeting.
14. Members of the commission in case of disagreement with the made decision state the opinion in writing which joins the minutes.
15. Judicial and expert activities the Commission accepts decisions on issue or refusal in licensing for occupation based on the provided materials.
In case of refusal in licensing for occupation judicial and expert activities in the minutes of the Commission specify its reasons.
16. Issue or refusal in issue of licenses for occupation judicial and expert activities is made by Department on the organization of expert activities.
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