ORDER OF THE CHAIRMAN OF COMMITTEE OF STATE REVENUES OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of December 9, 2014 No. 73

About further measures of enhancement of work of legal services of bodies of state revenues

Due to the reform of system of public administration regarding merging of tax and customs authorities, according to the order of the Government of the Republic of Kazakhstan of November 9, 2006 No. 1072 "About approval of the Standard regulations on legal services of state bodies of the Republic of Kazakhstan" (further - the Resolution), and also for the purpose of increase in protection of economic interests of the state, ensuring compliance with the law and strengthening of role of legal service in activities of bodies of state revenues of PRIKAZYVAYU:

1. To heads of bodies of state revenues:

1) to ensure functioning of legal services as independent structural divisions within the limits of the number of staff approved according to the legislation of the Republic of Kazakhstan with direct subordination to the first head of body of state revenues.

If the limit of the number of staff of body of state revenues does not allow creation of independent legal service, to provide at least one unit of the worker performing functions of legal service, with direct subordination to the first head of body of state revenues;

2) to appoint to position in legal services only the persons having legal education, and conforming to the qualification requirements established by the legislation of the Republic of Kazakhstan on public service;

3) not to allow liquidation of legal services, except cases of reorganization or liquidation of the body of state revenues;

4) to forbid assignment on legal services of the functions unusual for their activities and not provided by provision about

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5) to provide obligatory coordination with legal services of the documents requiring legal treatment;

To provide 6) within the allocated budgetary funds with proper conditions for effective and high-quality activities of legal services, including:

certain premises, legislative reference materials, legal literature, uninterrupted access to electronic bases of regulatory legal acts, and also to the official sites of judicial and other state bodies;

the organization on permanent basis of actions for increase in professional level of employees of legal services, including passing of system training of employees of legal services in Committee;

7) regarding strengthening of claim work and application of regulations of the Code of the Republic of Kazakhstan about administrative offenses (further - the Administrative Code):

provide obligatory participation in legal procedures on civil and administrative cases on which the body of state revenues is person participating in case.

Participation in court is performed according to the following scheme:

when considering the case employees of operating structural unit of the body of state revenues which was carrying out the corresponding inspection and (or) whose competence the challenged questions enter, and the employee of legal service of this body, and also if necessary, employees of the regional or equated to it body of state revenues whose competence the case in point, and (or) the employee of legal service of the regional or equated to it body of state revenues enters participate in Trial Court;

when considering the case the employees of body of state revenues who were taking part in Trial Court, and also if necessary employees of the regional or equated to it body of state revenues whose competence the case in point, and (or) the worker from legal service of the regional or equated to it body of state revenues enters participate in court of appeal and cassation instance;

when considering the case the workers who were taking part in court the first, appeal and cassation instances and (or) employees of legal service of the regional or equated to it body of state revenues, the employee of Legal management of Committee, and also if necessary the employee of the relevant operating structural unit of Committee whose competence the case in point enters without fail participate in the Supreme Court of the Republic of Kazakhstan;

exercise on permanent basis direct supervision behind representation by workers of interests of the state in court by consideration of civil cases with participation of body of state revenues;

for the purpose of exception of the omission of terms on appeal of court resolutions to provide proper control of the direction in courts of claims in the terms established by the Code of civil procedure of the Republic of Kazakhstan, the Administrative Code and this order;

provide signing of the procedural documents brought into courts by the head of bodies of state revenues or person replacing it;

authorize the power of attorney of employees of legal services on representation of interests of body of state revenues in courts of the Republic of Kazakhstan of all instances in legal procedures in which the body of state revenues is person participating in case.

To issue to workers, the staff of other structural divisions of body of state revenues powers of attorney with indication of specific legal case for participation in which the power of attorney is issued.

At the same time in the issued powers of attorney it is necessary to specify absence at the worker, the employee of the right of signing of the action for declaration, the conclusion of the agreement on carrying out mediation either case referral in arbitration or reference tribunal, complete or partial refusal of claims and recognition of the claim, change of subject or the basis of the claim, the conclusion of the voluntary settlement, delegation of power to other person (retrust), appeals of the court order, the requirement of forced execution of the court decree, receipt of the awarded properties or money;

provide the direction of petitions for contest (appeal) of the court resolution of cassation instance which is taken out not for benefit of relevant organ of state revenues in the Supreme Court of the Republic of Kazakhstan through Committee in coordination with departments of state revenues on areas, the cities of Astana and Almaty, Dostyk customs no later than one month from the date of its introduction in legal force;

provide the direction of petitions for bringing of supervising protest in the Prosecutor General's Office of the Republic of Kazakhstan through Committee in coordination with departments of state revenues on areas, the cities of Astana and Almaty, Dostyk customs no later than one month from the date of acceptance by the Supreme Court of the Republic of Kazakhstan of court resolution in the final shape;

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