of March 7, 2014 No. 97
About approval of Rules of clerical work
According to the subitem 11) of article 167 of the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives", I ORDER:
1. Approve the enclosed Rules of clerical work.
2. Declare invalid the following regulatory legal acts of the Ministry of Justice of the Republic of Kazakhstan:
1) order of the deputy. The Minister of Justice of the Republic of Kazakhstan of November 3, 2010 No. 306 "About approval of Rules of clerical work in office of the private legal executive" (No. registered in the Register of state registration of regulatory legal acts 6628, published in the Kazakhstanskaya Pravda newspaper of November 25, 2010, No. 320 (26381));
2) the order of the Minister of Justice of the Republic of Kazakhstan of June 28, 2012 No. 238 "About modification of the order of the deputy. The Minister of Justice of the Republic of Kazakhstan of November 3, 2010 No. 306 "About approval of Rules of clerical work in office of the private legal executive" (No. registered in the Register of state registration of regulatory legal acts 7777, published in the Collection of acts of the central executive and other central state bodies of the Republic of Kazakhstan of September 27, 2012, No. 15).
3. To committee on execution of court resolutions of the Ministry of Justice of the Republic of Kazakhstan (Eshmagambetov Zh. B.):
1) to provide state registration of this order;
2) after state registration of this order to provide its official publication in information system of law of Ad_let.
4. To impose control of execution of this order on the Chairman of Committee on execution of court resolutions of the Ministry of Justice of the Republic of Kazakhstan Eshmagambetov Zh. B.
5. This order becomes effective after ten calendar days after day of its first official publication.
Deputy. Minister of Justice of the Republic of Kazakhstan
Approved by the Order of the deputy. The Minister of Justice of the Republic of Kazakhstan of March 7, 2014 No. 97
1. Rules of clerical work (further - Rules) are developed according to the subitem 11) of article 167 of the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives" (further - the Law) and determine procedure for record keeping by the private legal executive.
2. According to article 8 of the Law language of the enforcement proceeding and clerical work connected with its maintaining is established taking into account language of the judgment or other document which is subject to execution.
When making executive actions participants of enforcement proceeding if they do not know language in which the enforcement proceeding on own initiative is conducted or according to the proposal of the legal executive involve the translator.
3. The organization and the correct record keeping and archive lies on the private legal executive.
4. In case of cancellation of the license of the private legal executive the regional chamber of private legal executives at the request of authorized body takes measures for transfer of archive, means of the current account of the private legal executive at whom it is terminated the license, to other private legal executive, and also withdrawal of the license of the private legal executive for transfer to its authorized body and destruction of personal seal of the private legal executive.
5. In the documents of organizational and administrative nature proceeding from private legal executives it is necessary to enter surname, name, middle name (in the presence) of the private legal executive who is engaged in private practice, the postal address and the territory of activities of the private legal executive to which the private legal executive performs activities for execution of executive documents.
The document heading (the protocol, the resolution, the act, representation, request) is printed by capital letters, is extremely short and precisely reflects contents of the document. The name of document type to heading is printed by capital letters.
6. When writing the address on the document the following details are observed:
the document is addressed to the organization (organizations), its structural division or the particular person;
the postal address of the correspondent is specified completely after the name of the organization (organizations) which the document goes. In that case when the document goes to citizens, at first the postal address, and then surname and the receiver's initials is specified.
7. Dating of documents is made by two methods:
by writing of number, month and year, for example: September 15, 2008;
in three vapors of Arab figures, for example: 15.09.08.
If the document is constituted not on the form, is dated below the signature on the left side of the document.
8. All copies of in-house documents are signed.
Are part of the signature of the document: the name of position of person which signed the document, the personal signature and its disaggregation, for example: "the private legal executive (signature) E. Zh. Zhunusov".
9. Appendices to the document are listed after the text of the document with indication of the number of sheets in each appendix and numbers of their copies.
If the document has the appendices mentioned in the text, then it is necessary to specify in appendix only the number of sheets and number of copies.
10. In case of reply to the request it is necessary to make reference to number and document date - request.
11. The documents (including statements) which arrived in office of private legal executives or to the private legal executive are subject to registration.
12. In case of acceptance of the arrived documents, first of all, the documents delivered not to destination are selected and also integrity of investment is checked. Mistakenly delivered documents are sent on accessory.
If lack of documents or appendices to them is revealed, about it the message to the sender becomes (in written, or oral form).
13. Account is also kept by means of state by the automated information system of enforcement proceeding.
The documents arriving to the private legal executive or in office of the private legal executive undergo logging of incoming correspondence.
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The document ceased to be valid since May 31, 2021 according to Item 1 of the Order of the Minister of Justice of the Republic of Kazakhstan of May 12, 2021 No. 386