ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 27, 2015 No. 122

About approval of Rules of control of activities of private legal executives

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 Rules of control of activities of private legal executives.

2. Declare invalid the order of the Minister of Justice of the Republic of Kazakhstan of March 17, 2014 No. 110 "About approval of Rules of control of activities of private legal executives" (No. registered in the Register of state registration regulatory legal acts 9253, is published in information system of law of Ad_let on April 11, 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. 122

Rules of control of activities of private legal executives

1. Rules of control of activities of private legal executives (further - Rules) 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 procedure of control of legality of the made executive actions by private legal executives.

2. Control of legality of the made executive actions and observance of rules of clerical work, No. approved by the order of the Minister of Justice of the Republic of Kazakhstan of March 7, 2014 97, (No. registered in the Register of state registration regulatory legal acts 9268) (further - Rules) the private legal executive, is performed by authorized body (further - the Ministry), its territorial authorities, Republican and regional chambers of private legal executives.

3. The purposes and tasks of control are:

law enforcement of the made executive actions in the field of private execution of court resolutions;

ensuring compliance with the property and non-property rights and legitimate interests of the parties of enforcement proceeding;

ensuring uniformity in law-enforcement practice of private legal executives;

prevention and the prevention of violations by private legal executives in the field of enforcement proceeding.

4. The principles of control are:

objectivity;

impartiality;

observance of professional ethics;

providing rights and legitimate interests of the parties of enforcement proceeding, and also the most private legal executive.

5. Check of professional activity of private legal executives assumes:

studying and check of condition of observance by the private legal executive of the current legislation regulating enforcement proceeding questions when making executive actions;

check of observance by the private legal executive of requirements imposed to clerical work;

studying of condition of archive of the private legal executive;

correctness and reliability of creation of the statistical reporting;

respect of professional honor by the private bailiff Kodeksa (further - Kodeks) the private legal executive and accomplishment of requirements of the charter of Republican chamber of private legal executives by it (further - the Charter).

6. Treat types of checks:

1) primary check - the inspection of work of the private legal executive which is carried out not earlier than six months and no more than a year from the moment of implementation of professional activity by him;

2) scheduled inspection - the inspection of work of the private legal executive which is carried out once a year;

3) unscheduled inspection - the inspection of activities of the private legal executive which is carried out in case of receipt of claims to actions (failure to act) of the private legal executive or in the presence of the other information testimonial of unfair execution of the obligations by it.

The checks provided in subitems 1) and 2) of Item 6, are performed according to the schedule of checks (further - the schedule) which consists of the Sections determining terms of conducting checks, the executive district of the private legal executive, the list of private legal executives (surname, name, middle name (in case of its availability).

7. The schedule of primary and scheduled inspections is constituted for one calendar year and affirms the order of the head of Departments of justice the cities of Astana, Almaty and areas no later than January 5 of the corresponding current year and goes to the Ministry for the code no later than the 10th of the corresponding current year.

8. The summary schedule of primary and scheduled inspections goes to Republican chamber of private legal executives for data.

The summary schedule is the basis for conducting complex checks of the Ministry.

In case of office need corrections are made to the schedule of check.

9. When scheduling scheduled inspections the following factors and circumstances are subject to accounting: length of service as the private legal executive;

term of conducting the last check;

number of claims to actions (failure to act) of the private legal executive;

availability of the other information testimonial of unfair execution of the obligations by it.

10. For implementation of conducting checks (primary, planned) the order of the head of Departments of justice (the authorized person of the Ministry) forms the commission of number of persons employed (Ministry) of Departments of justice, representatives (Republican) regional chamber of private legal executives.

The commission for conducting checks consists at least of three people.

If necessary to check employees of other state bodies are attracted.

In the order except staff of the commission the surname, name, middle name (in the presence) of the private legal executive who is subject to check, the check bases, terms established for check implementation, the period of work of the private legal executive which is covered by check are reflected.

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