ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of January 27, 2015 No. 56

About approval of the Rules of carrying out certification of persons which passed training and applying for the occupation right notarial activities

According to article 7-2 of the Law of the Republic of Kazakhstan of July 14, 1997 "About notariate" I ORDER:

1. Approve enclosed:

1) ceased to be valid according to the Order of the Minister of Justice of the Republic of Kazakhstan of 24.09.2018 No. 1439;

2) Rules of carrying out certification of the persons which passed training and applying for the occupation right notarial activities according to appendix 2 to this order.

2. To impose control of execution of this order on the deputy minister of justice of the Republic of Kazakhstan Abdirayy B. Zh.

3. To provide to department of registration service and organization of legal services in the procedure established by the legislation state registration of this order and its official publication.

4. This order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of January 27, 2015 No. 56

Rules of carrying out certification of the persons which passed training and applying for occupation lawyer activities

Voided according to the Order of the Minister of Justice of the Republic of Kazakhstan of 24.09.2018 No. 1439

Appendix 2

to the Order of the Minister of Justice of the Republic of Kazakhstan of January 27, 2015 No. 56

Rules of carrying out certification of the persons which passed training and applying for the occupation right notarial activities

Chapter 1. General provisions

1. These rules of carrying out certification of the persons which passed training and applying for the occupation right notarial activities (further - Rules), are developed according to the Law of the Republic of Kazakhstan of July 14, 1997 "About notariate" (further - the Law) and determine procedure and conditions of carrying out certification of the persons which passed training and applying for the occupation right notarial activities.

2. The persons which are applying for the occupation right notarial activities and passed training at the notaries who are engaged in private practice or at notaries public undergo certification in the commission on certification of persons applying for the occupation right the notarial activities (further - the Commission) created under territorial authority of justice of areas, cities of republican value and the capital (further - territorial authority of justice).

Working body of the Commission is the territorial authority of justice.

The commission consists of seven members - two notaries, including the chairman of notarial chamber, two representatives of judicial authorities, the scientist-jurist and two deputies of maslikhat.

Candidates of notaries for inclusion in structure of the Commission are recommended to territorial authority of justice by notarial chamber.

The candidate for the scientist-jurist is recommended by the higher educational institutions realizing educational training programs of the higher education in the territory of the corresponding administrative and territorial unit.

Candidates for deputies of maslikhat are recommended by maslikhats of areas, cities of republican value and the capital.

In case of exit of one of members of the commission, the new member joins in its structure no later than one month from the date of disposal.

Commission chairman is the deputy manager of territorial authority of justice supervising questions of certifying commission.

For the organization of activities of the Commission by territorial authority of justice from number of persons employed of territorial authority of justice the secretary of the Commission is appointed.

The secretary of the Commission creates the agenda of commission session and draws up protocols of meetings. The secretary is not member of the commission.

The staff of the Commission on representation of territorial authorities of justice affirms the Ministry of Justice of the Republic of Kazakhstan.

3. Persons, on the bases, stipulated in Item the 6th article 8 of the Law are exempted from passing of certification.

4. Representatives of mass media have the right to be present at commission session. On date of meeting of mass media are informed by territorial authority of justice.

For the purpose of ensuring openness and publicity on commission sessions are performed audio-and (or) videos or shorthand. The shorthand report, audio-and (or) the videos received during the meeting join the minutes and are stored together with materials of the Commission.

Chapter 2. Procedure for documents acceptance for certification passing

5. Person applying for the occupation right notarial activities after passing of training directs through the web portal of "the electronic government":

1) request about the admission to certification in the Commission on residence;

2) the electronic copy of references from narcological and psychiatric dispensaries, issued on the applicant's residence not earlier than before month before their submission to judicial authorities;

3) the electronic copy of the supporting document length of service on legal specialty at least two years.

The request about the admission to certification includes data:

about the diploma:

name of higher educational institution;

code of specialty;

number of the diploma;

date of issue of the diploma, or about the document confirming passing of the procedure of nostrification or recognition according to the Law of the Republic of Kazakhstan "About education":

series and number;

basis: date and number;

registration number and date.

about the conclusion about passing of training:

approval date of the conclusion about passing of training;

area;

head of training;

start date of training;

end date of training.

6. In case of inadequate registration or provision of incomplete document package through the web portal of "the electronic government" the service provider in time no later than two working days from the date of their receipt gives written motivated refusal in further review of the statement.

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