ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of November 30, 2015 No. 605

About some questions of testing and certification of the persons which passed training and applying for occupation activities of the private legal executive

 According to Item 1 of Article 141-1 and 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 conducting testing and certification of the persons which passed training and applying for occupation activities of the private legal executive.

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 and its official publication in periodic printing editions and information system of law of Ad_let;

2) placement of this order 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 of the Republic of Kazakhstan Beketayev M. B.

4. This order becomes effective since January 1, 2016 and is subject to official publication.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of November 30, 2015 No. 605

Rules of conducting testing and certification of the persons which passed training and applying for occupation activities of the private legal executive

Chapter 1. General provisions

1. These rules of carrying out certification of the persons which passed training and applying for occupation activities of the private legal executive (further - Rules), are developed according to the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives" (further - the Law) and determine procedure for conducting testing and certification of the persons which passed training and applying for occupation activities of the private legal executive.

2. The persons which are applying for occupation activities of the private legal executive and passed training at private legal executives pass test and oral interview (further - certification) in the commission on certification of persons applying for occupation the activities of the private legal executive (further - the Commission) created under territorial authority of justice of areas, cities of republican value and the capital (further - territorial authorities of justice).

Chapter 2. Procedure for documents acceptance for certification passing

3. The announcement of carrying out certification (further - the announcement) is published on Internet resource of territorial authority of justice in the Kazakh and Russian languages.

In the announcement the following data are specified:

location, postal address and numbers of contact telephone numbers of territorial authority of justice;

the main requirements to the applicant imposed according to the qualification requirements and the list of documents approved by the order of the Minister of Justice of the Republic of Kazakhstan of January 22, 2015 No. 32 (it is registered in the Register of state registration of regulatory legal acts No. 10308);

procedure and terms of documents acceptance;

venue of certification;

the list of the documents submited certifications.

4. The statement for the admission to certification for occupation is submitted by activities of the private legal executive (further - the application) to the Commission on form according to appendix 1 to these rules by means of the web portal of "the electronic government": www.egov.kz.

The following documents are enclosed to the application:

1) the filled electronic form of data for passing of certification on occupation activities of the private legal executive for form according to appendix 2 to these rules;

2) electronic copies of references from the narcological and psychiatric dispensaries issued on the applicant's residence not earlier than a month before their submission to the Commission.

5. In case of representation of incomplete document package, the service provider in time no later than two working days from the date of their receipt, gives motivated refusal in further review of the statement. The refusal is issued in electronic form, signed by the digital signature (further - the EDS) the authorized person of the service provider and goes to "personal account" of uslugopoluchatel.

6. In case of lack of the bases for return of the statement without consideration, documents are submitted the Commission.

In the admission to certification refuses on the bases, stipulated in Item 2 articles 140 of the Law.

The decision on refusal in the admission to certification goes territorial authorities of justice to the applicant no later than fifteen working days from the date of receipt of documents.

Chapter 3. Procedure for carrying out certification

7. Not later than ten calendar days before carrying out certification territorial authorities of areas, cities of republican value and the capital:

1) in writing notify the applicant allowed to certification on the place, date, time, procedure for carrying out certification;

2) on the Internet resource applicants lists, allowed to certification place, procedure for its carrying out, duration and contents of the procedure of selection of applicants.

In case of appearance on commission session the applicant needs to have in case of himself the identity document.

Certification is carried out as required, but at least once a quarter.

8. When carrying out certification the minutes of the Commission on certification of persons applying for occupation activities of the private legal executive under Department of justice of area, cities of Astana and Almaty of the Ministry of Justice of the Republic of Kazakhstan are taken (further - the protocol of the Commission) in form, according to appendix 3 to these rules.

9. When passing certification use by the applicant of reference, special and other books, means of communication, and also any records on the electronic medium is not allowed.

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