ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of January 12, 2015 No. 11

About approval of Rules of maintaining, use and storage of special accounting of the faces recognized by court incapacitated it is also limited by capable

For the purpose of implementation of the subitem 7) of Item 3 of Article 12, of item 4 of the Law of the Republic of Kazakhstan "About the state legal statistics and special accounting", being guided by the subitem 22) of article 9 of the Constitutional law of the Republic of Kazakhstan "About prosecutor's office" I ORDER:

1. Approve the enclosed Rules of maintaining, use and storage of special accounting of persons recognized by court incapacitated and it is limited by capable.

2. Declare invalid the order of the Attorney-General of the Republic of Kazakhstan of June 1, 2012 No. 69 "About approval of Rules of accounting of persons recognized in accordance with the established procedure as incapacitated or it is limited capable" (registered in the Register of state registration of regulatory legal acts for No. 7758, No. 114 published on August 2, 2012 in the Yuridicheskaya Gazeta newspaper (2296)).

3. To committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):

1) to provide state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its official publication;

2) to send this order to Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) and to structural divisions of the Prosecutor General's Office of the Republic of Kazakhstan for data and use in work, to territorial authorities of Committee for execution.

4. To impose control of execution of this order on the Chairman of Committee.

5. This order becomes effective from the date of its first official publication.

Approved by the Order of the Attorney-General of the Republic of Kazakhstan of January 12, 2015 No. 11

Rules of maintaining, use and storage of special accounting of persons recognized by court incapacitated it is also limited by capable

Chapter 1. General provisions

1. These rules of maintaining, use and storage of special accounting of persons recognized by court incapacitated it is also limited capable (further - Rules) determine procedure for maintaining, use and storage of data of special accounting of persons recognized by court incapacitated and is limited by capable.

2. The basis for statement on special accounting of persons recognized by court incapacitated it is also limited by capable, the judgment which took legal effect about recognition of the citizen is incapacitated and it is limited capable on civil case.

3. Managers of offices of the district and equated to them courts provide timeliness, completeness and reliability of the entered information concerning persons recognized by court incapacitated and is limited capable on the court resolutions which took legal effect, in the Single automated information and analytical system of judicial authorities of the Republic of Kazakhstan (further – EAIAS).

4. Chiefs of territorial authorities of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee) provide timeliness of input, completeness and reliability of data in the automated information system "Special Accounting" (further - AIS SU).

Chapter 2. Procedure for conducting special accounting of persons recognized by court incapacitated it is also limited by capable

5. Special accounting of persons recognized by court incapacitated it is also limited by capable, territorial authorities of Committee it is conducted based on the information accounting document "Card on Person Recognized as Incapacitated or It Is Limited by Capable" (further – card) in form according to appendix to these rules.

6. The card is entered into AIS SU with attachment of graphical copies of decisions of the courts, arriving in territorial authorities of Committee ezhedekadno by means of EAIAS, copies of the identity document.

7. In case of statement of person on accounting the territorial authority of Committee performs check of this person on special accounting incapacitated, restrictedly capable and to search accounting.

In case of identification of the facts of repeated recognition of person by incapacitated it is also limited capable the territorial authority of Committee within one working day sends information to the prosecutor, exercising supervision of legality of the court resolutions which took legal effect for acceptance of adequate measures, in case of identification of person on search accounting - to the initiator of search.

8. In case of need adjustments of the data entered into AIS SU concerning persons recognized as incapacitated it is also limited capable, courts send to territorial authority of Committee the notification with indication of need of modification and application of copies of the following supporting documents:

1) judgments;

2) identity document;

3) death certificates or records of the act of civil status;

4) the medical certificate (further - supporting documents).

9. Removal from accounting is performed by Committee by change of the status of person in AIS SU with "stays on the registry" on "is struck off the register" based on the letter of territorial authority of Committee with submission of supporting documents.

10. By one of the bases of removal from accounting of persons recognized by court incapacitated it is also limited capable is:

1) the judgment about complete recovery of capacity to act;

2) the judgment about cancellation of the decision on recognition of person incapacitated is also limited by capable;

3) the death of person recognized by the judgment incapacitated it is also limited by capable;

4) nationality change.

11. Territorial authorities of Committee quarterly to the 5th carry out monitoring of data of information exchange system of law enforcement and special bodies regarding establishment of the status incapacitated and restrictedly capable person.

In case of establishment of persons with the status "dead" of the information about them with indication of data of the identity document, surname, name, middle name (in case of its availability), birth dates and birth places, individual identification number, go to local executive bodies on territorial accessory to confirmation of the status "dead" (based on the death certificate or record of the act of civil status).

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