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The document ceased to be valid since July 1, 2020 according to Item 2 of the Order of the Minister of Justice of the Republic of Kazakhstan of May 29, 2020 No. 69

I.O'S ORDER. MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of May 29, 2015 No. 307

About approval of regulations of the state service "Excitement of Enforcement Proceeding based on the Executive Document according to the Statement of the Claimant"

(as amended on 09-07-2019)

According to the subitem 2) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", I ORDER:

1. Approve the enclosed regulations of the state service "Excitement of Enforcement Proceeding based on the Executive Document according to the Statement of the Claimant".

2. 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;

2) official publication of this order in periodic printing editions and in information system of law of Ad_let within ten calendar days after its state registration;

3) placement on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

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

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

Acting Minister

Z.Baymoldina

Approved by the Order of the deputy. The Minister of Justice of the Republic of Kazakhstan of May 29, 2015 No. 307

Regulations of the state service "Excitement of Enforcement Proceeding based on the Executive Document according to the Statement of the Claimant"

Chapter 1. General provisions

1. The state service "Excitement of Enforcement Proceeding based on the Executive Document according to the Statement of the Claimant" appears territorial authorities of justice (further - the service provider) according to the standard of the state service "Excitement of Enforcement Proceeding based on the Executive Document according to the Statement of the Claimant" approved by the order of the Minister of Justice of the Republic of Kazakhstan of April 17, 2019 No. 211 (it is registered in the Register of state registration of regulatory legal acts No. 18571) (further - the Standard).

2. Form of the rendered state service: paper/electronic.

3. Result of rendering the state service - the resolution of the state legal executive on excitement of enforcement proceeding or on refusal in excitement of enforcement proceeding, on the bases, stipulated in Item 10 Standards.

Form of provision of result of rendering the state service: paper/electronic.

Chapter 2. The description of operations procedure of structural divisions (workers) of the service provider in the course of rendering the state service

4. The basis for the procedure (action) for rendering the state service is receipt by the service provider of the statement and the documents of uslugopoluchatel necessary for rendering the state service, stipulated in Item 9 Standards.

5. Contents of each procedure (action) which is part of process of rendering the state service, duration of its accomplishment:

1) the employee of office of the service provider within 30 (thirty) minutes from the moment of receipt of documents carries out registration of a statement and the documents of uslugopoluchatel necessary for rendering the state service, in the magazine of registration of incoming correspondence with putting down of stamp with registration number in the right bottom corner of the statement and submits to them to the head of territorial department of the service provider;

2) the head of territorial department of the service provider within 60 (sixty) minutes from the moment of receipt considers the application and documents of uslugopoluchatel necessary for rendering the state service, enters them into the Automated information system of bodies of enforcement proceeding (further - AISOIP) and transfers them by means of AISOIP to the state legal executive for consideration;

3) the state bailiff of territorial department of the service provider within 1 (one) working day considers the application and documents of uslugopoluchatel necessary for rendering the state service, checks them for compliance to the established requirements, issues the decree on excitement of enforcement proceeding or on refusal in excitement of enforcement proceeding and reports to the employee of office of the service provider with appendix of all arrived documents.

In case of filing of application through the web portal of "the electronic government" (dalee-Portal) the state legal executive sends the resolution of the state legal executive on excitement of enforcement proceeding or on refusal in excitement of the enforcement proceeding signed by its digital signature (further - the EDS), to "personal account" of uslugopoluchatel;

4) the employee of office of the service provider within 3 (three) hours directs the copy of the resolution of the state legal executive on excitement or about refusal of enforcement proceeding to the e-mail address of the uslugopoluchatel specified in the statement in form according to appendix of 1 Standard in case of lack of e-mail mail service to the address specified by uslugopoluchatel;

6. Result of the procedure (action) for rendering the state service which forms the basis for accomplishment of the following procedure (action):

1) registration of a statement and the documents of uslugopoluchatel necessary for rendering the state service in office of the service provider and transfer to their head of territorial department of the service provider;

2) entering of the statement into AISOIP and the resolution of the head of territorial department of the service provider for consideration;

3) pronouncement of the resolution on excitement of enforcement proceeding or about refusal in excitement of enforcement proceeding;

4) the direction of the copy of the resolution of the state legal executive on excitement or about refusal in excitement of enforcement proceeding on the e-mail address of the uslugopoluchatel specified in the statement in form according to appendix of 1 Standard in the absence of e-mail, the direction mail service to the address specified by uslugopoluchatel.

In case of filing of application through the Portal the state legal executive sends the resolution on excitement of enforcement proceeding or on refusal in excitement of the enforcement proceeding signed by its EDS to "personal account" of uslugopoluchatel.

Chapter 3. The description of order of interaction of structural divisions (workers) of the service provider in the course of rendering the state service

7. The list of structural divisions (workers) of the service provider who participate in process of rendering the state service:

1) employee of office of the service provider;

2) head of territorial department of the service provider;

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