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ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of January 12, 2015 No. 11

About approval of Rules of accounting of persons recognized by court incapacitated it is also limited by capable

(as amended on 01-08-2019)

For the purpose of implementation of the subitem 7) of Item 3 of article 12 of the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting" I ORDER:

1. Approve the enclosed Rules of 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.

Attorney-General of the Republic of Kazakhstan

A. Daulbayev

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

Rules of accounting of persons recognized by court incapacitated it is also limited by capable

1. General provisions

1. These rules of accounting of persons recognized by court incapacitated it is also limited capable (further - Rules) are developed for the purpose of ensuring single accounting of persons recognized by court incapacitated and is limited capable in compliance by the subitem 7) of Item 3 of article 12 of the Law of the Republic of Kazakhstan "About the state legal statistics and special accounting".

2. The basis for registration 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 by capable.

3. Managers of offices of the district and equated to them courts provide timeliness, completeness and reliability of the provided information concerning persons recognized by court incapacitated and is limited capable on the court resolutions which took legal effect.

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

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

4. Accounting is performed by input by territorial authorities of Committee of information about persons recognized by court incapacitated and is limited capable (further - data of accounting) in AIS SU of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee), with attachment of graphical copies of the decisions of the courts, electronic information accounting documents on civil case (further - EIUD) approved by the order of the Attorney-General of the Republic of Kazakhstan of November 2, 2017 No. 124 "About approval of forms of court statistic reports in the civil sphere and the Instruction for their forming" (it is registered in the Register of state registration of regulatory legal acts for No. 16009) (further - the order No. 124), copies of the identity document.

5. Data entry of accounting in AIS SU is performed based on the electronic copy of EIUD and the judgment which took legal effect about recognition of person by court by incapacitated and is limited capable on civil case, arriving in territorial authorities of Committee ezhedekadno by means of the Single automated information and analytical system of judicial authorities of the Republic of Kazakhstan.

6. In case of statement of person on accounting as incapacitated and restrictedly capable, the territorial authority of Committee performs check of this person on 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 supervising prosecutor for acceptance of adequate measures according to the Law of the Republic of Kazakhstan of June 30, 2017 "About prosecutor's office", in case of identification of person on search accounting - to the initiator of search.

7. 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 supporting documents: 1) judgments; 2) identity document; 3) death certificates; 4) the medical certificate (further - supporting documents).

8. 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.

9. 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.

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

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