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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of November 30, 2015 No. 606

About approval of form of the contribution agreement of private legal executives in rendering the legal aid guaranteed by the state, report form and the summary report about given by private legal executives of the legal aid guaranteed by the state

According to Items 3, of the 4 and 5 article 103-1 of the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives", and also the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" I ORDER:

1. Approve:

1) form of the agreement on rendering the legal aid guaranteed by the state according to appendix 1 to this order;

2) report form about given legal aid guaranteed by the state according to appendix 2 to this order;

3) form of the summary report about given by private legal executives of the legal aid guaranteed by the state according to appendix 3 to this order.

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

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

5) placement of this order in the 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 Minister 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.

Minister of Justice of the Republic of Kazakhstan

B. Imashev

It is approved

Chairman of Committee according to the statistics Ministries of national economy of the Republic of Kazakhstan

"___ " ________ 2015

 

 

________________ A. Smailov

It is approved

Chairman of the board of Republican chamber of private legal executives

"___ " ________ 2015

 

_____________ S. Li

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of November 30, 2015 No. 606

Form

The contribution agreement of private legal executives in rendering the legal aid guaranteed by the state

________________                                         "____" ___________ 20 ___.

detention center

Private legal executive _____________________________________________,

                                               (surname, name, middle name (in case of its availability)

_______________________________________________________________________________,

having the license for occupation activities private исполнителя____________________________________________________________________,

                                                                                                                              (number and date of issue of the license)

being the member of Republican chamber of private legal executives,

the hereinafter referred to as "Private legal executive", on the one hand, and department of justice ____________________________________________________________

on behalf of _________________________________________________________________________,

(surname, name, middle name (in case of its availability) the representative of judicial authority, the representative to sign this agreement)

acting for the benefit of the citizens having the right to the legal aid guaranteed by the state at the expense of budgetary funds in cases and procedure, stipulated by the legislation the Republic of Kazakhstan, hereinafter referred to as "Administrator", on the other hand, being guided by item 4 of article 103-1 of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives (further – the Law) signed this agreement as follows:

1. The private legal executive shall give the legal aid guaranteed by the state in the form of acceptance of enforcement powers on execution of executive documents of socially important category of cases.

The legal aid guaranteed by the state is given to the citizen free of charge.

Payment of activities of the private legal executive is made at the expense of means of the republican budget.

2. The private legal executive refuses rendering the legal aid guaranteed by the state in the form of acceptance of enforcement powers on execution of executive documents of socially important category of cases in the presence of one of the following conditions:

1) the executive document is shown without statement of the claimant or the application is not signed by the claimant or his representative, except as specified, when the enforcement proceeding is subject to excitement without statement of the claimant;

2) the executive document is shown not in the place of making of executive actions;

3) expired and the term of presentation of the executive document to execution is not recovered by court;

4) the document is not executive or does not conform to requirements imposed to executive documents;

5) the executive document was earlier shown to execution and the enforcement proceeding on it was stopped on the bases, stipulated in Item 1 article 47 of this Law;

6) the copy of court resolution with mark about the introduction in legal force certified by the signature of the judge and seal of court is not attached to the executive document.

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