ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of October 29, 2014 No. 304

About approval of regulations on Departments of justice of areas, cities of Astana and Almaty of the Ministry of Justice of the Republic of Kazakhstan

Being guided by Item 4-1 of article 9-1 of the Law of the Republic of Kazakhstan of November 27, 2000 "About ministerial procedures", PRIKAZYVAYU:

1. Approve enclosed:

1) the Provision of Department of justice of the city of Astana of the Ministry of Justice of the Republic of Kazakhstan according to appendix 1 to this order;

2) the Provision of Department of justice of the city of Almaty of the Ministry of Justice of the Republic of Kazakhstan according to appendix 2 to this order;

3) the Provision of Department of justice of Akmola area of the Ministry of Justice of the Republic of Kazakhstan according to appendix 3 to this order;

4) the Provision of Department of justice of the Aktyubinsk region of the Ministry of Justice of the Republic of Kazakhstan according to appendix 4 to this order;

5) the Provision of Department of justice of Almaty region the Ministries of Justice of the Republic of Kazakhstan according to appendix 5 to this order;

6) the Provision of Department of justice of Atyrau area of the Ministry of Justice of the Republic of Kazakhstan according to appendix 6 to this order;

7) the Provision of Department of justice of the West Kazakhstan region the Ministries of Justice of the Republic of Kazakhstan according to appendix 7 to this order;

8) Provision of Department of justice of Jambyl area of the Ministry of Justice of the Republic of Kazakhstan according to appendix 8 to this order;

9) the Provision of Department of justice of the Karaganda region the Ministries of Justice of the Republic of Kazakhstan according to appendix 9 to this order;

10) the Provision of Department of justice of the Kostanay region the Ministries of Justice of the Republic of Kazakhstan according to appendix 10 to this order;

11) the Provision of Department of justice of Kyzylorda area of the Ministry of Justice of the Republic of Kazakhstan according to appendix 11 to this order;

12) the Provision of Department of justice of Mangystau Region the Ministries of Justice of the Republic of Kazakhstan according to appendix 12 to this order;

13) the Provision of Department of justice of the Southern Kazakhstan area of the Ministry of Justice of the Republic of Kazakhstan according to appendix 13 to this order;

14) the Provision of Department of justice of the Pavlodar region the Ministries of Justice of the Republic of Kazakhstan according to appendix 14 to this order;

15) the Provision of Department of justice of the North Kazakhstan area of the Ministry of Justice of the Republic of Kazakhstan according to appendix 15 to this order;

16) the Provision of Department of justice of the East Kazakhstan region the Ministries of Justice of the Republic of Kazakhstan according to appendix 16 to this order.

2. To departments of justice of areas, cities of Astana and Almaty to take the adequate measures following from this order.

3. This order becomes effective from the date of its state registration.

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of October 29, 2014 No. 304

Regulations on Department of justice of the city of Astana of the Ministry of Justice of the Republic of Kazakhstan

1. General provisions

1. The department of justice of the city of Astana (further - Department) is territorial authority of justice of the Ministry of Justice of the Republic of Kazakhstan (further - the Ministry) which enters single system of judicial authorities.

2. The department performs the activities according to the Constitution and the Laws of the Republic of Kazakhstan, acts of the President, the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

3. The department is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the account in bodies of treasury.

4. The department enters the civil relations from own name.

5. The department has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation.

6. The department concerning the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of Department.

7. The structure and limit of the number of staff of Department affirm according to the current legislation.

8. Legal address of Department: Republic of Kazakhstan, 010000, city of Astana, Prospekt Pobedy, 15.

9. Full name of Department - Republican public institution "Department of justice of the city of Astana of the Ministry of Justice of the Republic of Kazakhstan".

10. This Provision is the constituent document of Department.

11. Financing of activities of Department is performed from the republican budget.

12. The department is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Department.

If the Department is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the government budget.

2. Main objectives, functions, rights and obligations of Department

13. Tasks of Department:

1) implementation of state registration of legal entities, rights to real estate, regulatory legal acts of local representative and executive bodies;

2) forming and realization of state policy in the sphere of implementation of state registration, the organization of legal assistance and rendering legal services, legal promotion;

3) forming and realization of state policy in the field of protection and protection of the rights of intellectual activities;

4) forming and realization of state policy, and also state regulation of activities in the sphere of execution of executive documents;

5) implementation of production on cases on administrative offenses according to the law;

6) implementation of protection of the state secrets according to the Law of the Republic of Kazakhstan "About the state secrets".

14. Functions of Department:

1) in the sphere of state registration:

state registration of regulatory legal acts of maslikhats, akimats and akims, maintaining the State register of regulatory legal acts of the Republic of Kazakhstan;

implementation in maslikhats and akimats of checks of the regulatory legal acts which are subject to state registration;

introduction of ideas of elimination of violations of the law concerning regulatory legal acts of the maslikhats, akimats and akims who are subject to state registration in judicial authorities, but not undergone it;

introduction of ideas of elimination of violations of the law concerning regulatory legal acts of the maslikhats, akimats and akims who are subject to state registration in the judicial authorities contradicting the legislation of the Republic of Kazakhstan;

publication for general data of the list of the registered regulatory legal acts of maslikhats, akimats and akims;

state registration of legal entities and accounting registration of branches and representations, rights to real estate;

maintaining the National register of business and identification numbers;

maintaining the legal inventory;

implementation of methodical management and coordination of activities of district (city) justice departments concerning state registration of legal entities, the rights to real estate;

normative and methodological ensuring activities of local executive bodies concerning state registration of acts of civil status;

2) in the sphere of the organization of legal services:

carrying out certification of officials of offices of akims of the cities of district value, settlements, villages, rural districts of representatives to make notarial actions;

determination together with notarial chamber of the territory of activities of private notaries;

opening and abolition of offices of notary public;

implementation of the order for production of seals of notaries and their issue according to requirements of the legislation of the Republic of Kazakhstan;

the organization together with notarial chamber of making of notarial actions in case of temporary absence of notaries in the notarial district;

providing with methodical, instructive and explanatory materials concerning notariate;

rendering the methodical and practical help to the officials of offices of akims of the cities of district value, settlements, villages, rural districts making notarial actions;

regular informing population on the territory of activities of the state and private notaries;

entering into the Ministry of idea of suspension, deprivation and cancellation of the license of the notary;

acceptance together with notarial chamber of measures for destruction of seal and document transfer of the notary who stopped the activities in the respective notarial district to other notary or in private notarial archive, and also on withdrawal of the license for transfer to her licensor if at the notary it is terminated the license;

introduction of submission to notarial chamber about involvement of the private notary to responsibility;

the organization of control of observance by private notaries of requirements of article 16 of the Law of the Republic of Kazakhstan "About notariate" and taking measures to the private notaries evading from the conclusion of the agreement of compulsory insurance of the civil responsibility and violating other requirements of the legislation of the Republic of Kazakhstan about compulsory insurance of civil responsibility of private notaries;

control of legality of committed notarial actions by notaries and officials of offices of akims of the cities of district value, settlements, villages, rural districts and condition of their clerical work;

control of quality of the legal services rendered to physical persons and legal entities by lawyers and notaries;

entering into the Ministry of idea of suspension of action of the license for occupation lawyer activities and introduction of idea of initiation of the claim for the termination of the barrister's license;

implementation of the state control in the field of estimative activities;

putting down of apostille on the official documents coming from judicial authorities and other judicial authorities of the corresponding administrative and territorial unit and notaries of the same territory;

coordination of the organization of legal promotion, participation in legislation explanation;

control of civil registration;

the organization and law enforcement in the sphere of legal servicing of the population by notaries;

control of observance by the notary of the legislation of the Republic of Kazakhstan on legalization counteraction (to washing of income), gained in the criminal way, and to terrorism financing;

control of activities of territorial notarial chambers;

entering into the Ministry of idea together with territorial notarial chamber of approval of the minimum number of notaries on each notarial district;

coordination of activities of subjects of rendering the legal aid guaranteed by the state, and also control of quality of given legal aid;

ensuring legal education and legal informing the population on rendering the legal aid guaranteed by the state;

publication in the periodic printing edition distributed to the territories of the respective area, city of republican value, the capital also places the list of the lawyers who are taking part in system of rendering the legal aid guaranteed by the state on the Internet resource;

the organization of free necessary legal assistance to the physical persons and legal entities injured with the act of terrorism, and persons participating in its suppression on the questions concerning their competence, including of issue of necessary documents;

3) in the sphere of ensuring intellectual property rights:

implementation of checks of physical persons and legal entities regarding compliance with law of the Republic of Kazakhstan in the sphere of intellectual property;

generalization of practice of application of the legislation in the field of protection of intellectual property;

4) in the sphere of execution of executive documents:

ensuring execution of executive documents (organizational, methodical support, control, consideration of claims and other addresses on enforcement proceeding, work with distrained property of debtors);

development of methodical, instructive and explanatory materials concerning enforcement proceeding;

together with regional board of private legal executives carrying out advanced training of the private legal executives performing executive activities;

conducting accounting registration of private legal executives;

introduction of submission to the Ministry about suspension or cancellation of the license of the private legal executive;

introduction of submission to the disciplinary commission about involvement of the private legal executive to responsibility;

together with regional board of private legal executives control of legality of the made executive actions and observance of rules clerical work the state and private legal executives;

5) in the sphere of conducting administrative production:

implementation of production on cases on administrative offenses according to the legislation of the Republic of Kazakhstan;

6) consideration of appeals of physical persons and legal entities within the competence according to the procedure and the terms established by the legislation of the Republic of Kazakhstan.

15. Rights and obligations of Department:

The department in case of realization of the tasks assigned to it and implementation of the functions has the right in the procedure established by the legislation:

1) to adopt legal acts, obligatory for execution, within the competence;

2) to request and receive in the procedure established by the legislation from state bodies, the organizations, their officials necessary information and materials;

3) to perform other rights provided by the existing legal acts.

3. Organization of activities of Department

16. Management of Department is performed of the head of Department who bears the personal responsibility for accomplishment of the tasks assigned to Department and implementation of the functions by it.

17. The head of Department is appointed to position and dismissed by the Responsible secretary of the Ministry in coordination with the Minister of Justice of the Republic of Kazakhstan.

18. The head of Department has deputies who are appointed to position and are dismissed according to the legislation of the Republic of Kazakhstan.

19. Powers of the head of Department:

1) appoints to positions and dismisses employees of Department within competence;

2) resolves issues of sending, provision of leaves, rendering financial support, preparation (retraining), advanced training, encouragement, payment of allowances and awarding of workers, deputy managers of Department, and also heads of district (city) justice departments;

3) in the procedure established by the legislation imposes authority punishments and applies encouragement measures on employees of Department, except for workers whose questions of employment relationships are carried to competence of higher state bodies and officials;

4) within the competence issues orders;

5) approves regulations on structural divisions of Department;

6) is represented by Department in all state bodies and other organizations within the powers;

7) performs other powers according to the legislation.

Execution of powers of the head of Department in the period of its absence is performed by person replacing it according to the current legislation.

20. The head of Department determines powers of the deputies according to the current legislation.

4. Property of Department

21. The department can have on the right of operational management the isolated property in cases, stipulated by the legislation.

The property of Department is created at the expense of the property given it by the owner and also the property (including cash incomes) acquired as a result of own activities and other sources which are not forbidden by the legislation of the Republic of Kazakhstan.

22. The property assigned to Department belongs to republican property.

23. The department has no right to alienate independently or to dispose otherwise of the property assigned to it and the property acquired at the expense of the means issued to it according to the plan of financing if other is not established by the legislation.

5. Reorganization and abolition of Department

24. Reorganization and abolition of Department are performed according to the legislation of the Republic of Kazakhstan.

Appendix 2

to the Order of the Minister of Justice of the Republic of Kazakhstan of October 29, 2014 No. 304

Regulations on Department of justice of the city of Almaty of the Ministry of Justice of the Republic of Kazakhstan

1. General provisions

1. The department of justice of the city of Almaty (further - Department) is territorial authority of justice of the Ministry of Justice of the Republic of Kazakhstan (further - the Ministry) which enters single system of judicial authorities.

2. The department performs the activities according to the Constitution and the Laws of the Republic of Kazakhstan, acts of the President, the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

3. The department is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the account in bodies of treasury.

4. The department enters the civil relations from own name.

5. The department has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation.

6. The department concerning the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of Department.

7. The structure and limit of the number of staff of Department affirm according to the current legislation.

8. Legal address of Department: Republic of Kazakhstan, 050010, city of Almaty, Ulitsa Zenkova, 47.

9. Full name of Department - Republican public institution "Department of justice of the city of Almaty of the Ministry of Justice of the Republic of Kazakhstan".

10. This Provision is the constituent document of Department.

11. Financing of activities of Department is performed from the republican budget.

12. The department is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Department.

If the Department is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the government budget.

2. Main objectives, functions, rights and obligations of Department

13. Tasks of Department:

1) implementation of state registration of legal entities, rights to real estate, regulatory legal acts of local representative and executive bodies;

2) forming and realization of state policy in the sphere of implementation of state registration, the organization of legal assistance and rendering legal services, legal promotion;

3) forming and realization of state policy in the field of protection and protection of the rights of intellectual activities;

4) forming and realization of state policy, and also state regulation of activities in the sphere of execution of executive documents;

5) implementation of production on cases on administrative offenses according to the law;

6) implementation of protection of the state secrets according to the Law of the Republic of Kazakhstan "About the state secrets".

14. Functions of Department:

1) in the sphere of state registration:

state registration of regulatory legal acts of maslikhats, akimats and akims, maintaining the State register of regulatory legal acts of the Republic of Kazakhstan;

implementation in maslikhats and akimats of checks of the regulatory legal acts which are subject to state registration;

introduction of ideas of elimination of violations of the law concerning regulatory legal acts of the maslikhats, akimats and akims who are subject to state registration in judicial authorities, but not undergone it;

introduction of ideas of elimination of violations of the law concerning regulatory legal acts of the maslikhats, akimats and akims who are subject to state registration in the judicial authorities contradicting the legislation of the Republic of Kazakhstan;

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