ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2016 No. 1200

About approval of Rules of activities of the commission on licensing of judicial and expert activities

Being guided by item 4 of article 15 of the Law of the Republic of Kazakhstan of January 20, 2010 "About judicial and expert activities in the Republic of Kazakhstan", PRIKAZYVAYU:

1. Approve the enclosed Rules of activities of the commission on licensing of judicial and expert activities.

2. Declare invalid:

1) the order of the Minister of Justice of the Republic of Kazakhstan of March 14, 2014 No. 106 "About approval of Rules of activities of the commission on licensing of judicial and expert activities" (registered in the Register of state registration of regulatory legal acts for No. 9242 it is also published to information system of law of Ad_let on March 31, 2014);

2) the order of the Minister of Justice of the Republic of Kazakhstan of April 28, 2016 No. 195 "About introduction of amendments to the order of the Minister of Justice of the Republic of Kazakhstan of March 14, 2014 No. 106 "About approval of Rules of activities of the commission on licensing it is judicial expert activities" (registered in the Register of state registration of regulatory legal acts for No. 13799 and it is published to information system of law of Ad_let on June 30, 2016).

3. To provide to department on the organization of expert activities:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan.

4. To impose control of execution of this order on the supervising deputy minister of justice of the Republic of Kazakhstan.

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 December 29, 2016 No. 1200

Rules of activities of the commission on licensing of judicial and expert activities

Chapter 1. General provisions

1. These rules are developed according to item 4 of article 15 of the Law of the Republic of Kazakhstan "About judicial and expert activities in the Republic of Kazakhstan" (further - the Law) and determine procedure for activities of the commission on licensing of judicial and expert activities (further - the Commission).

2. The commission is created under the Ministry of Justice of the Republic of Kazakhstan (further - the Ministry).

3. In the work the Commission is guided by the Constitution of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "About permissions and notifications" and other regulatory legal acts of the Republic of Kazakhstan in the field of licensing and judicial and expert activities.

Chapter 2. Procedure for activities of structure of the Commission

4. The structure of the Commission consists of odd number of members (at least five people). The commission chairman is appointed the deputy minister of justice of the Republic of Kazakhstan from among members of the commission.

The Commissions are included representatives of Department on the organizations of expert activities and bodies of judicial examination of the Ministry having special scientific knowledge, and also academic degree or experience of scientific and expert work at least five years in this industry.

5. The main objectives of the Commission are determination of compliance of the applicant to qualification requirements the approved order of the Minister of Justice of the Republic of Kazakhstan of January 26, 2015 No. 48 (registered in the Register of state registration of regulatory legal acts for No. 10309).

6. The commission according to the tasks assigned to it performs the following functions:

1) makes the decision on issue, on suspension, and also renewals, cancellation and deprivations of the license for occupation judicial and expert activities to physical person, on the basis of the provided materials;

2) in cases, stipulated in Item 4 articles 16 of the Law addresses to the supervising deputy minister of justice of the Republic of Kazakhstan with idea of preparation of the action for declaration of deprivation of the license for occupation judicial and expert activities.

7. The commission chairman directs its activities, holds commission sessions, plans work and exercises control of activities of the Commission.

During absence (business trip, temporary disability, leave) of the commission chairman of its function one of vice-chairmen of the Commission, the first according to the list of the approved structure of the Commission, in case of its absence following according to the list carries out.

8. Commission sessions are held as required, and are considered competent if at them there are at least two thirds of total number of members of the commission.

Members of the commission are notified on time and the place of meeting.

9. Members of the commission to other persons do not delegate the powers on participation in meetings.

10. The secretary of the Commission performs preparation of materials for holding meeting, and represents them to the Commission, conducts clerical work.

The secretary is not member of the commission.

11. The decision of the Commission is made based on the documents submitted on licensing, the conclusions of members of the commission by open voting by a simple majority vote from number of attendees and appears presiding.

In case of equal number of votes, the voice of the commission chairman is decisive.

12. Commission sessions are recorded, the minutes of the Commission are signed by members of the commission by results of holding meeting.

13. Members of the commission in case of disagreement with the made decision state the opinion in writing which joins the minutes.

14. Issue or refusal in issue of licenses for occupation judicial and expert activities is made by Department on the organization of expert activities of the Ministry of Justice of the Republic of Kazakhstan.

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