ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 27, 2015 No. 121

About approval of the Regulations on the disciplinary commission

According to the subitem 11) of article 167 of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives", I ORDER:

1. Approve the enclosed Regulations on the disciplinary commission.

2. Declare invalid the order of the Minister of Justice of the Republic of Kazakhstan of March 17, 2014 No. 112 "About approval of the Regulations on the disciplinary commission" (No. registered in the Register of state registration regulatory legal acts 9252, is published in the Information system of law of Ad_let on April 14, 2014).

3. To provide to department on execution of court resolutions of the Ministry of Justice of the Republic of Kazakhstan:

1) state registration of this order and its official publication in information system of law of Ad_let and in periodic printing editions;

2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

4. To impose control of execution of this order on the Responsible secretary of the Ministry of Justice of the Republic of Kazakhstan Beketayev M. B.

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

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of February 27, 2015 No. 121

Regulations on the disciplinary commission

1. General provisions

1. The regulations on the disciplinary commission (further - the Provision) are developed according to the subitem 11) of article 167 of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives" (further - the Law) and determine powers, the organization of activities of the disciplinary commission of the Ministry of Justice of the Republic of Kazakhstan (further - the Ministry).

2. The concepts used in this Provision:

3) minor offense (further - offense) - violation by the private legal executive of regulations of the current legislation, and also illegal guilty non-execution or improper execution of obligations;

4) the disciplinary commission - the permanent collegiate organ considering the materials containing data on the violations allowed by private legal executives, the involving suspensions or cancellation of the license;

7) check - activities for collection of materials and data on offense of private legal executives for the purpose of complete, comprehensive and objective clarification of circumstances of its making;

3. The disciplinary commission is based on the principles of respect of the rights, protection of legitimate interests and strict observance of the legislation of the Republic of Kazakhstan.

The disciplinary commission by consideration of materials is guided by objectivity and impartiality, intervention in activities of the commission is not admissible.

2. Procedure for formation of the disciplinary commission

4. The structure of the disciplinary commission affirms the order of the Minister of Justice of the Republic of Kazakhstan (person, it replacing) and consists of five members, one of whom is the representative of Republican chamber of private legal executives (further - Republican chamber), the others officials of the Ministry. From among members of the disciplinary commission the chairman of the disciplinary commission is appointed.

The meeting of the disciplinary commission is competent if at it there are at least three of her members.

5. The member of the disciplinary commission does not participate in consideration of materials and research of the facts concerning offenses concerning private judicial the contractor, being his close relative or if the member of the disciplinary commission has direct or indirect interest and is subject to branch (rejection).

Rejection and branch are based and declared both prior to the meeting, and during the meeting.

The decision on rejection (branch) of the member of the disciplinary commission is made in any written form by a majority vote of her members participating in meeting and announced in the presence of the member of the disciplinary commission who declared rejection and the private legal executive concerning whom materials are considered.

6. The disciplinary commission at meeting considers the materials which arrived from Republican chamber of private legal executives, representations of territorial authority of the Ministry (further - territorial authority), other state interested bodies containing data on violations by private legal executives of regulations of the current legislation, the Code of honor of private legal executives and the Charter of Republican chamber of the private legal executives (further - the Charter) involving suspension or cancellation of the license.

7. The materials which arrived for consideration of the disciplinary commission from Republican (regional) chamber of private legal executives contain:

1) the decision of the disciplinary commission of Republican (regional) chamber of private legal executives in which conclusions of the disciplinary commission and their reasons are specified;

2) certificate of results of conducting check;

3) copy of the order on purpose of check;

4) copies of materials of enforcement proceedings according to which violations are revealed;

5) explanations of the private legal executive upon the revealed violations, in case of their availability;

6) other materials necessary for complete, comprehensive and objective clarification of circumstances, the allowed violations.

8. The materials which arrived for consideration of the disciplinary commission from territorial authority contain:

1) idea of the direction of materials about suspension or cancellation of the license of the private legal executive;

2) the materials which formed the basis for conducting check;

3) certificate of results of conducting check;

4) copy of the order on purpose of check;

5) copies of materials of enforcement proceedings according to which violations are revealed;

6) explanations of the private legal executive upon the revealed violations, in case of their availability;

7) other materials necessary for complete, comprehensive and objective clarification of circumstances, the allowed violations.

9. Except the materials which arrived from territorial authority, Republican (regional) chamber, the disciplinary commission considers the materials containing indisputable proofs of the violations allowed by private legal executives from the state bodies, court which are not requiring conducting check.

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