Unofficial translation
In accordance with subparagraph 1) Article 10 Of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" ORDER:
1. Approve the attached:
1) Rules for the provision of the public service "Conducting certification of persons applying to engage in the activities of a private enforcement agent" in accordance with Appendix 1 to this order;
2) Rules for the provision of the public service "Issuance of a license to engage in the activities of a private enforcement agent" in accordance with Appendix 2 to this order;
3) Rules for the provision of the public service "Initiation of enforcement proceedings on the basis of an executive document at the request of the claimant" according to Appendix 3 to this order.
2. To recognize as invalid some orders of the Minister of Justice of the Republic of Kazakhstan according to the list in Appendix 4 to this order.
3. The Department for the Execution of Judicial Acts of the Ministry of Justice of the Republic of Kazakhstan shall ensure:
1) state registration of this order;
2) posting this order on the Internet resource of the Ministry of Justice of the Republic of Kazakhstan.
4. Control over the execution of this order shall be entrusted to the supervising Vice Minister of Justice of the Republic of Kazakhstan.
5. This order shall be enforced upon the expiration of twenty one calendar days after the day of its first official publication.
|
Minister of Justice of the Republic of Kazakhstan |
M. Beketaev |
"AGREED"
Ministry of Digital Development, Innovation
and aerospace of the
Republic of Kazakhstan
| Appendix 1 to the order Minister of Justice Republic of Kazakhstan dated May 29, 2020 No. 69 |
Rules for the provision of the public service "Certification of persons applying to engage in the activities of a private enforcement agent"
Chapter 1. General Provisions
1. These Rules for the provision of public services "Attestation of persons applying to engage in the activities of a private enforcement agent" (hereinafter - the Rules) are developed in accordance with subparagraph 1) Article 10 Of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" and determine the procedure for the provision of public services "Conducting certification of persons applying to engage in activities private bailiff" (hereinafter referred to as a public service).
2. The state service is provided territorial bodies justice of regions, cities of republican significance and the capital (hereinafter - the service provider).
3. The principle of "one application" - form of rendering public service, which provides a combination of several public services provided to based on one application.
Chapter 2. The procedure for the provision of public services
4. The Service Provider places on its Internet resource an announcement about the date, time and place of certification of persons applying to engage in the activities of a private enforcement agent (hereinafter - certification).
An individual (hereinafter referred to as the service recipient) sends an application to the service provider through web portal "Electronic government" www.egov.kz.
The list of basic requirements for the provision of public services, including the characteristics of the process, form, content, as well as other information, taking into account the specifics of the provision of public services, are given in the standard of public services, in accordance with Appendix 1 to these Rules.
5. The service recipient consents to the use of the information constituting legally protected secrets contained in information systems, in the provision of public services, unless otherwise provided by the laws of the Republic of Kazakhstan.
When the service recipient submits the application through the portal, the status of acceptance of the request for the provision of public services is sent to the "personal account", as well as a notification indicating the date and time of receipt of the result of the provision of public services.
6. Data on the service recipient's identity document, registration/non-registration with organisations providing medical care in the area of mental health, mental and behavioural disorders (illnesses), including those related to the use of psychoactive substances, shall be obtained by the service provider from state information systems via the e-government gateway.
The service provider shall register the application on the day it is received and submit it for processing.
When a service recipient applies after working hours, on weekends and public holidays, under the Labour Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan “On Holidays in the Republic of Kazakhstan”, an application for a public service shall be registered on the following working day.
Footnote. Paragraph 6 - as reworded by Order No. 905 of the Minister of Justice of the Republic of Kazakhstan dated 20.10.2021 (shall be enacted ten calendar days after the date of its first official publication).7. The Service Provider verifies the completeness of the submitted documents within two working days from the date of receipt of the service recipient's documents.
In case of incompleteness of the information in the application, the service provider, no later than two working days from the date of their receipt, gives a reasoned refusal to further consider the application. The refusal is issued in the form of an electronic document, signed by an electronic digital signature (hereinafter - EDS) of the authorized person of the service provider and is sent to the "personal account" of the service recipient.
8. Grounds for refusal to provide public services:
1) establishing the inaccuracy of the documents submitted by the service recipient for obtaining public services, and (or) the data (information) contained therein;
2) the presence of restrictions established paragraph 2 article 140 of the Law of the Republic of Kazakhstan dated April 2, 2010 "On enforcement proceedings and the status of bailiffs".
9. In the absence of grounds for return, the documents are transferred by the contractor to Commission for attestation of persons applying for the activity of a private bailiff, created at the territorial bodies of justice of regions, the city of republican significance and the capital (hereinafter - the Commission).
When conducting certification, the minutes of the meeting of the Commission for the certification of persons applying to engage in the activities of a private enforcement agent are kept in the form in accordance with Appendix 4 to these Rules.
10. When passing the certification, it is not allowed to use reference, special and other literature, communication means, as well as any records on paper, electronic media.
In case of non-observance of these requirements, the service recipient is suspended from certification, about which a corresponding entry is made in the minutes of the meeting of the Commission.
The service recipient, suspended from certification, re-submits the application after three months from the date of the decision by the Commission.
11. Certification consists of two stages:
1) testing for knowledge of the legislation of the Republic of Kazakhstan in the field of enforcement proceedings;
2) testing of knowledge in the form of an oral interview.
The service recipient, at his choice, undergoes certification in the Kazakh or Russian languages.
The list of questions for certification is formed by the Department for the Execution of Judicial Acts of the Ministry of Justice of the Republic of Kazakhstan.
The time allotted for testing is ninety minutes.
12. The total number of questions for passing the tests is 100.
The service recipient is considered to have passed the test if the number of correct answers is 70 or more of the total number of questions, and is admitted to the second stage.
Testing results are printed in duplicate and provided to the service recipient for review by affixing a personal signature at the end of testing. One copy of the test results sheet is handed over to the service recipient, the second is handed over to the Commission.
During the oral interview, the members of the Commission ask the service recipient at least three questions corresponding to the subject of legal disciplines, knowledge of which is necessary to engage in the activities of a private enforcement agent.
13. Based on the results of attestation, the members of the Commission make an appropriate decision by a majority of votes, which is drawn up in a protocol.
The members of the commission do not abstain from voting. In case of disagreement with the decision taken, a member of the Commission expresses a dissenting opinion in an arbitrary written form, which is also taken into account by the Commission when making a decision.
If the votes of the members of the Commission are divided equally, the vote of the Chairman of the Commission is decisive.
14. The service provider's authorised person shall sign the result of the public service based on the Commission's decision within 1 working day and send it to the service provider's personal account.
Should there be grounds for refusal of a public service, the service provider shall notify the service recipient of the preliminary decision to refuse the public service, as well as the time and place (manner) of the hearing to enable the service recipient to express a position on the preliminary decision.
The notification of the hearing shall be given at least 3 working days prior to the end of the public service period. The hearing shall be held no later than 2 working days from the date of notification.
Following the results of the hearing, the service provider shall issue a permit or reasoned refusal to provide a public service.
Footnote. Paragraph 14 - as reworded by Order No. 905 of the Minister of Justice of the Republic of Kazakhstan dated 20.10.2021 (shall be put into effect ten calendar days after the date of its first official publication).Chapter 3. Other requirements, taking into account the specifics of the provision of public services
15. The service recipient for obtaining two state services "Certification of persons applying to engage in the activities of a private enforcement agent" and "Issuance of a license to engage in the activities of a private enforcement agent" sends the service provider one statement across web portal "Electronic government" www.egov.kz. in the form of an electronic document according to 3 to these Rules.
Decision on the passage of certification by persons applying to engage in the activities of a private bailiff is sent to the Ministry of Justice of the Republic of Kazakhstan for the further provision of public services "Issuance of a license to engage in the activities of a private enforcement agent".
State services on the principle of "one application" are provided taking into account the requirements of these Rules and the Rules for the provision of public services "Issuance of a license to engage in the activities of a private enforcement agent".
16. The Service Provider provides data entry on the stage of the provision of public services to the information system for monitoring the provision of public services.
17. In case of failure of the information system, the service provider notifies the authorized body and / or Joint Stock Company "National Information Technologies".
Chapter 4. The procedure for appealing decisions, actions (inaction) of service providers, and (or) their officials on the provision of public services
18. In the event of an appeal against decisions, actions (inaction) of the service provider and (or) its officials, the complaint is submitted to the name of the head of the service provider, to the Ministry of Justice of the Republic of Kazakhstan or to authorized body for assessing and monitoring the quality of the provision of public services in accordance with legislation Republic of Kazakhstan...
19. The service recipient's complaint received by the service provider or the Ministry of Justice of the Republic of Kazakhstan is subject to consideration within five working days from the date of its registration.
The service recipient's complaint received by the authorized body for the assessment and control over the quality of the provision of public services is subject to consideration within fifteen working days from the date of its registration.
20. In case of disagreement with the decision made based on the results of the appeal against the provision of public services, the service recipient applies to the court in the established legislation Of the Republic of Kazakhstan.
| Appendix1 to the Terms of Service public service "Carrying out certification of persons, applying for a lesson activities of private bailiff" |
Footnote. Annex 1 as amended by Order No. 905 of the Minister of Justice of the Republic of Kazakhstan dated 20.10.2021 (shall be put into effect ten calendar days after the date of its first official publication).
Standard of the Public Service “Certification of Persons Applying for the Activity of a Private Bailiff” (hereinafter - the Standard) | ||
1 | Name of the service provider | The public service shall be provided by the territorial judicial authorities of the regions, cities of republican significance and the capital. |
2 | Ways of providing a public service | The e-Government web portal: www.egov.kz |
3 | Duration of public service | 10 working days from the closing date for the receipt of documents. |
4 | Form of public service delivery/form of presentation of public service result | Electronic (fully automated) delivered on a 'single application' basis. |
5 | Result of a public service | Decision on the assessment of persons seeking employment as a private bailiff. |
6 | Fees charged for the provision of a public service | Not chargeable. |
7 | Work schedule of the service provider |
Opening hours: |
8 | List of documents required for the provision of the public service | An application for attestation of persons seeking employment as a private bailiff in the form of an electronic document as per Annex 2 hereto. |
9 | Grounds for refusal of a public service |
1) determination that the documents submitted by the recipient of a public service and (or) the data (information) contained therein are unreliable; |
10 | Other requirements, given the specifics of the public service |
The service provider's addresses shall be placed on the service provider's official website - www.adilet.gov.kz. The service recipient may receive information on the procedure and status of the provision of the public service in the remote access mode on the portal in the “personal office” of the service recipient, as well as by phone numbers of the service recipient and the Unified Contact Center. |
| Appendix 2 to the Terms of Service public service "Carrying out certification of persons, applying for a lesson activities of private bailiff" |
|
| The form |
Application for certification of persons applying to engage in activities
private bailiff
In ___________________________________________________________________
To the chairman of the commission for attestation of persons applying to engage in activities
private bailiff
from ________________________________________________________________________
surname, name, patronymic (if any) of an individual, individual identification number
1. Please admit me to the certification of persons applying to engage in the activities of a private enforcement agent
1) Information about the diploma:
1. Name of the higher educational institution _________________________
2. Specialty code _____________________________________________
3. Diploma number __________________________________________________
4. Date of issue of the diploma ____________________________________________
2) A document confirming the passage of the nostrification procedure or
recognition in accordance with the Law of the Republic of Kazakhstan "On Education":
Series and number _____________________________________________________
3) Conclusion on the internship:
1. Date of approval of the conclusion on the internship _____________
2. Regional Chamber of Private Bailiffs _________________
region / city
3. Trainee supervisor _________________________________________
4. Start date of the internship ___________________________________________
5. Date of completion of the internship _______________________________________
Residence address of an individual ______________________________
e-mail ____________________ contact phone number __________________
It is hereby confirmed that:
All specified data are official contacts and any information can be sent to them on admission or refusal to undergo certification, as well as on issues of issuing or refusing to issue a license and (or) Appendix to a license;
The applicant is not prohibited by the court from engaging in a licensed type and (or) subtype of activity;
All data specified in this application correspond to reality, for the provision of which I am personally responsible;
The applicant agrees to the use of personal data of limited access, constituting a secret protected by law, contained in information systems, when issuing a license and (or) Appendix to the license.
I agree to send an electronic request to the healthcare organization for obtaining certificates from dispensary records - "Register of drug addicts" and "Register of mental patients" and sending the results to the service provider.
_____________________________________________________________________
(EDS) (surname, name, patronymic (if any)
Date of filling: "___" _____ 20__ year
| Appendix 3 to the Terms of Service public service "Carrying out certification of persons, applying for a lesson activities of private bailiff" |
|
| The form |
Application for certification of persons applying to engage in activities
a private enforcement agent and the issuance of a license to engage in activities
private bailiff
In __________________________________________________________________
To the chairman of the commission for attestation of persons applying to engage in activities
private bailiff
from _______________________________________________________________________
surname, name, patronymic (if any) of an individual, individual identification number
1. Please admit me to the certification of persons applying to engage in the activities of a private enforcement agent
1) Information about the diploma:
1. Name of the higher educational institution _________________________
2. Specialty code _____________________________________________
3. Diploma number __________________________________________________
4. Date of issue of the diploma _____________________________________________
2) A document confirming the passage of the nostrification or recognition procedure in accordance with the Law of the Republic of Kazakhstan "On Education":
Series and number _____________________________________________________
3) Conclusion on the internship:
1. Date of approval of the conclusion on the internship _____________
2. Regional chamber of private bailiffs _________________ region / city
3. Trainee supervisor _________________________________________
4. Start date of the internship __________________________________________
5. Date of completion of the internship _______________________________________
4) Payment of the license fee for the right to engage in certain types of activities _________________.
2. I ask you to issue a license to engage in the activities of a private enforcement agent.
Residence address of an individual _____________________________
e-mail ___________________ contact phone ____________
It is hereby confirmed that:
All specified data are official contacts and any information can be sent to them on admission or refusal to undergo certification, as well as on issues of issuing or refusing to issue a license and (or) Appendix to a license;
The applicant is not prohibited by the court from engaging in a licensed type and (or) subtype of activity;
All data specified in this application correspond to reality, for the provision of which I am personally responsible;
The applicant agrees to the use of personal data of limited access, constituting a secret protected by law, contained in information systems, when issuing a license and (or) Appendix to the license.
I agree to send an electronic request to the healthcare organization to receive certificates from dispensary records - "Register of drug addicts" and "Register of mental patients" and send their results to the service provider.
Individual _______________________________________________________
(EDS) (surname, name, patronymic (if any)
Date of filling: "___" _____ 20__ year
| Appendix 4 to the Terms of Service public service "Carrying out certification of persons, applying for a lesson activities of private bailiff" |
|
| The form |
Minutes of the meeting of the Commission for the certification of persons applying for the occupation
activities of a private bailiff (hereinafter - the Commission) Department of Justice ______________ Ministry of Justice of the Republic of Kazakhstan
Chaired by:
Members of the Commission:
Certification of persons applying to engage in the activities of a private enforcement agent was carried out, based on the results, a decision was made:
1. Consider passed certification: ___________________
2. Consider not passed certification: ________________
3. Did not show up for certification: _________________________
Chairman of the Commission ______________________________________________
(signature, position, surname and initials)
Members of the Commission ___________________________________________________________
(signature, position, surname and initials)
Secretary _________________________________________________________________
(signature, position, surname and initials)
"____" ____________ 20___ year
| Appendix 2 to the order Minister of Justice Republic of Kazakhstan dated May 29, 2020 No. 69 |
Rules for the provision of the public service "Issuance of a license to engage in the activities of a private enforcement agent"
Chapter 1. General Provisions
1. The rules for the provision of the public service "Issuance of a license to engage in the activities of a private enforcement agent" (hereinafter - the Rules) are developed in accordance with subparagraph 1) Article 10 Of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" and determine the procedure for the provision of public services "Issuance licenses to engage in the activities of a private enforcement agent" (hereinafter - the state service).
2. The public service is provided by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the service provider).
3. The principle of "one application" - form of rendering public service, providing a combination of several public services provided on the basis of one application.
Chapter 2. The procedure for the provision of public services
4. An individual (hereinafter referred to as the service recipient) sends to the service provider to obtain a license to engage in the activities of a private enforcement agent statement across web portal "Electronic government" www.egov.kz.
5. When the service recipient submits the application, the status of acceptance of the request for the provision of public services is sent to the "personal account", as well as a notification indicating the date and time of receipt of the result of the provision of public services.
6. The list of basic requirements for the provision of public services, including the characteristics of the process, form, content, as well as other information, taking into account the specifics of the provision of public services, are given in the standard of public services, in accordance with Appendix 1 to these Rules.
7. Excluded by Order No. 905 of the Minister of Justice of the Republic of Kazakhstan dated 20.10.2021 (shall come into effect ten calendar days after the date of its first official publication).8. The Service Provider shall obtain from the state information systems via the E-Government gateway data on the identity document, on corruption offences and crimes committed, on criminal record, on absence of data on those previously dismissed for negative reasons from state, military service, from law enforcement and special state bodies, courts and justice bodies, on deprivation of the person's license to practice as a private bailiff, on registration/non-registration with mental health care providers for mental and behavioural disorders (illnesses), including those related to substance use.
The service recipient shall consent to the use of information constituting a legally protected secret contained in information systems in the provision of public services, unless otherwise provided for by the laws of the Republic of Kazakhstan.
Footnote. Paragraph 8 - as reworded by Order No. 905 of the Minister of Justice of the Republic of Kazakhstan dated 20.10.2021 (shall be enacted ten calendar days after the date of its first official publication).
9. On the day of receipt of documents for receiving public services, the Service Provider registers them and submits them for execution.
When the service recipient applies after the end of working hours, on weekends and holidays according to Labor Code Of the Republic of Kazakhstan dated November 23, 2015 and Of the law Of the Republic of Kazakhstan dated December 13, 2001 "On Holidays in the Republic of Kazakhstan", registration of an application for receiving a public service is carried out on the next working day.
10. The Service Provider verifies the completeness of the submitted documents within two working days from the date of receipt of the service recipient's documents.
In case of incompleteness of the submitted documents and (or) documents with an expired validity period, the service provider within the specified timeframe refuses to further consider the application.
11. Should the response of the consenting public authority be negative or other grounds for refusal of a public service be identified, the service provider shall notify the service recipient of the preliminary decision to refuse the provision of the public service, as well as the time and place (manner) of the hearing to enable the service recipient to express a position on the preliminary decision.
The notification of the hearing shall be sent at least 3 working days prior to the end of the public service period. The hearing shall be held no later than 2 working days from the date of notification.
Based on the results of the hearing, the service provider shall issue a licence or a reasoned refusal to provide a public service.
Footnote. Paragraph 11 - as reworded by Order No. 905 of the Minister of Justice of the Republic of Kazakhstan dated 20.10.2021 (shall come into force ten calendar days after the day of its first official publication).12. Refusal to issue a license is carried out in cases where:
1) taking up the view activities prohibited laws The Republic of Kazakhstan for this category of individuals or legal entities;
2) not included license fee;
3) the applicant does not comply qualification requirements;
4) the licensor has received a response from the relevant approving state body about the applicant's non-compliance with the requirements for licensing;
5) in relation to the applicant, there is a final decision (verdict) of the court on suspension or prohibition of activities or certain types of activities subject to licensing;
6) the court, on the basis of the submission of the bailiff, is temporarily prohibited from issuing a license to the applicant-debtor;
7) the inaccuracy of the documents submitted by the applicant for obtaining a license and (or) the data (information) contained in them has been established.
Chapter 3. The procedure for reissuing a license to engage in the activities of a private enforcement agent
13. The recipient for renewal licenses to engage in the activities of a private enforcement agent (hereinafter referred to as the license) sends an application to the service provider through the web portal of "electronic government" www.egov.kz.
14. List of documents for license renewal:
1) Application of an individual for re-issuing a license and (or) Appendix to a license in the form of an electronic document, certified by an EDS in the form, in accordance with Appendix 4 to these Rules;
2) a copy of the document confirming the payment license fee for the right to engage in certain types of activities, except for cases of payment through PGEG ;
3) electronic copies of documents containing information about the changes that served as the basis for reissuing the license, with the exception of documents, information from which is contained in state information systems.
15. The Service Provider registers them and submits them for execution on the day of receipt of documents for renewal of the license.
When the service recipient applies after the end of working hours, on weekends and holidays according to Labor Code Of the Republic of Kazakhstan dated November 23, 2015 and Of the law Of the Republic of Kazakhstan dated December 13, 2001 "On Holidays in the Republic of Kazakhstan", registration of an application for receiving a public service is carried out on the next working day.
16. The Service Provider verifies the completeness of the submitted documents within two working days from the date of receipt of documents for renewal of the license.
In case of incompleteness of the submitted documents, the service provider refuses to further consider the application within the specified time frame.
In case of completeness of the documents provided, the authorized person of the service provider signs the reissued license by means of an EDS and sends it to the "personal account" of the service recipient.
Chapter 4. Other requirements taking into account the specifics of the provision of public services
17. The recipient for receiving two public services "Conducting certification of persons claiming to engage in the activities of a private enforcement agent and the issuance of a license to engage in the activities of a private enforcement agent" sends the service provider one application for the provision of two public services through web portal "Electronic government" www.egov.kz.
The result of the public service "Decision on the attestation by persons applying to engage in the activities of a private bailiff "and documents for a license are sent to the Ministry of Justice of the Republic of Kazakhstan for further provision of the state service" Issuance of a license to engage in the activities of a private bailiff ".
State services on the principle of "one application" are provided taking into account the requirements of these Rules and Of the Rules provision of state services "Conducting certification of persons applying to engage in the activities of a private enforcement agent."
18. The Service Provider provides data entry on the stage of the provision of public services to the information system for monitoring the provision of public services.
19. In case of failure of the information system, the service provider notifies the authorized body and / or Joint Stock Company "National Information Technologies".
Chapter 5. The procedure for appealing decisions, actions (inaction) of service providers, and (or) their officials on the provision of public services
20. In the event of an appeal against decisions, actions (inaction) of the service provider and (or) its officials, the complaint is submitted to the head of the service provider or to authorized body for assessing and monitoring the quality of the provision of public services in accordance with legislation Republic of Kazakhstan...
21. The service recipient's complaint received by the service provider is subject to consideration within five working days from the date of its registration.
The service recipient's complaint received by the authorized body for the assessment and control over the quality of the provision of public services is subject to consideration within fifteen working days from the date of its registration.
22. In case of disagreement with the decision made based on the results of the appeal against the provision of public services, the service recipient applies to the court in the established legislation Of the Republic of Kazakhstan.
| Appendix 1 to the Rules provision of public services "Issuance of a license to practice activities of private bailiff " |
Footnote. Annex 1 as amended by Order No. 905 of the Minister of Justice of the Republic of Kazakhstan dated 20.10.2021 (shall come into force ten calendar days after the date of its first official publication).
| Appendix 2 to the Rules provision of public services "Issuance of a license to practice activities of private bailiff " |
|
| The form |
An individual's application for obtaining a license and (or)
Appendix es to the license
In _________________________________________________________________
(full name of the licensor)
from ________________________________________________________________
(surname, name, patronymic (if any) of an individual, individual identification number)
I ask to issue a license and (or) Appendix to the license to implement
____________________________________________________________________
(indicate the full name of the type of activity and (or) subtype (s) of the activity)
on paper _____ (put an X sign if it is necessary to obtain a license on paper)
Residence address of an individual
_________________________________________________________________________
(postal code, region, city, district, locality, street name, house / building number)
Email _________________________________________________
Phones _________________________________________________________
Fax machine ______________________________________________________________
Bank account ____________________________________________________
(account number, name and location of the bank)
Address of the object of the activity or actions (operations)
__________________________________________________________________________
(postal code, region, city, district, locality, street name, number
houses / buildings (stationary premises)
Attached are _____ sheets.
It is hereby confirmed that:
all specified data are official contacts and any information on issues of issuing or refusing to issue a license and (or) Appendix to a license can be sent to them;
the applicant is not prohibited by the court from engaging in a licensed type and (or) subtype of activity;
all attached documents are true and valid;
the applicant agrees to the use of personal data of limited access, constituting a secret protected by law, contained in information systems, when issuing a license and (or) Appendix to the license;
the applicant agrees to the certification of the application with the electronic digital signature of the employee of the public service center (in case of applying through the public service center).
Individual
_______________________________________________________________________________
(digital signature) (surname, name, patronymic (if any)
Date of filling: "__" _________ 20__
| Appendix 3 to the Rules provision of public services "Issuance of a license to practice activities of private bailiff" |
|
| The form |
Form of information on compliance with the requirements for the implementation of the activities of a private enforcement agent
Service recipient information | |
Education (name of higher education institution, year of graduation, diploma number, qualification and specialty according to the diploma). | Required field |
Information about the document confirming the passage of the procedure for nostrification of a diploma or recognition | In accordance with the Law "On Education" |
It is necessary to select only one basis for obtaining a license and fill it out:
1) labor activity;
2) the decision to undergo certification to engage in the activities of a private enforcement agent.
Labor activity of the service recipient (indicate only the position and place of work provided for paragraph 5 Article 142 of the Law "On Enforcement Proceedings and the Status of Bailiffs" | ||||
Date, month, year | Position with an indication of the organization | Basic functional (job) responsibilities | Reason for dismissal | |
Receipts | Care | |||
Required field | Required field | Required field | Required field | Required field |
If necessary, these lines are supplemented by the service recipient | ||||
Number of the decision on passing certification to engage in the activities of a private enforcement agent | Required field | |||
Date, month, year, region, number | Required field | |||
| Appendix 4 to the Rules provision of public services "Issuance of a license to practice activities of private bailiff" |
|
| The form |
An individual's application for reissuing a license and (or)
Appendix es to the license
In _________________________________________________________________
(full name of the licensor)
From ______________________________________________________________________
(last name, first name, patronymic (if any) of an individual, individual identification number)
I ask to reissue the license and (or) Appendix to the license (underline the necessary)
No. ____________ dated _________ 20___, issued (s) (s) _____________ (number (s)
license and (or) Appendix (s) to the license, date of issue, name of the licensor,
issuing a ________________________________________ license and (or) Appendix (s) to the license) to carry out
__________________________________________________________________________
(full name of the type of activity and (or) subspecies (s) of activity)
on the following basis (s) (indicate in the appropriate box X):
1) change of last name, first name, patronymic (if any) of the individual licensee
__________________________________________________________________
2) re-registration of the individual entrepreneur-licensee, change of his name
__________________________________________________________________
3) re-registration of an individual entrepreneur-licensee, change of his legal address
_________________________________________________________________
4) alienation by the licensee of the license issued under the class "permits issued for objects", together with the object in favor of third parties in cases where the alienation of the license is provided Appendix 1 to the Law of the Republic of Kazakhstan dated May 16, 2014 "On permits and notifications
______________________________________________________________________
5) changing the address of the location of the object without physically moving it for a license issued under the class "permits issued for objects" or for attachments to a license indicating objects
__________________________________________________________________
6) the presence of a requirement for re-registration in the laws of the Republic of Kazakhstan
__________________________________________________________________
7) change of the name of the type of activity
__________________________________________________________________
8) change the name of the subspecies of activity
__________________________________________________________________
on paper _______ (put an X sign if it is necessary to obtain a license on paper)
Residence address of an individual
__________________________________________________________________
(postal code, region, city, district, locality, street name, house / building number)
Email ____________________________________________________
Phones ____________________________________________________________
Fax machine ________________________________________________________________
Bank account ______________________________________________________
(account number, name and location of the bank)
Address of the object of the activity or actions (operations)
_____________________________________________________________________
(postal code, region, city, district, locality, street name,
house / building number (stationary room)
Attached are _____ sheets.
It is hereby confirmed that:
all specified data are official contacts and any information on issues of issuing or refusing to issue a license and (or) Appendix to a license can be sent to them;
the applicant is not prohibited by the court from engaging in a licensed type and (or) subtype of activity;
all attached documents are true and valid;
the applicant agrees to the use of personal data of limited access, constituting a secret protected by law, contained in information systems, when issuing a license and or) an Appendix to the license;
the applicant agrees to the certification of the application with the electronic digital signature of the employee of the public service center (in case of applying through the public service center).
Individual
______________________________________________________________________
(digital signature) (surname, name, patronymic (if any)
Date of filling: "__" _________ 20__
| Appendix 3 to the order Minister of Justice Republic of Kazakhstan dated May 29, 2020 No. 69 |
Rules
for the provision of the public service "Initiation of enforcement proceedings on the basis of an executive document at the request of the claimant"
Chapter 1. General Provisions
1. These Rules for the provision of public services "Initiation of enforcement proceedings on the basis of an executive document at the request of the claimant" (hereinafter - the Rules) are developed in accordance with subparagraph 1) Article 10 The Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" and determine the procedure for the provision of public services "Excitation enforcement proceedings based on executive document by a statement recoverer"(hereinafter - the state service).
2. The following basic concepts are used in these Rules:
one) Single contact center - a legal entity, determined by the Government of the Republic of Kazakhstan, performing the functions of an information and reference service for providing service recipients with information on the provision of state and other services, as well as for state bodies - information on the provision of information and communication services;
2) public service - one of the forms of implementation of certain state functions, carried out on an individual basis upon request or without the request of service recipients and aimed at realizing their rights, freedoms and legitimate interests, providing them with the corresponding material or intangible benefits;
3) standard public service - a list of basic requirements for the provision of public services, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services;
four) web portal "Electronic government" www.egov.kz, (hereinafter referred to as the portal) - an information system, which is a single window of access to all consolidated government information, including the regulatory legal framework, and to public services, services for issuing technical conditions for connecting to networks of entities natural monopolies and services of subjects of the quasi-public sector, provided in electronic form;
five) electronic digital signature (hereinafter referred to as EDS) - a set of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its ownership and the invariability of its content.
Chapter 2. The procedure for the provision of public services
3. The state service is provided by the territorial bodies of justice (hereinafter referred to as the service provider) at the place where the enforcement actions were performed.
4. An individual or legal entity (hereinafter referred to as the service recipient) sends an application and documents established by clause 8 of the State Service Standard through:
1) the service provider;
2) non-profit joint stock company "State corporation "Government for Citizens" (hereinafter - the state corporation);
3) portal.
5. Description of the procedure for the provision of public services through the service provider:
1) the service recipient sends the documents to the service provider;
2) the service provider, on the day of receipt of the documents, registers them in the Automated Information System of the enforcement bodies (hereinafter - AISOEB) and transfers them to the state bailiff;
3) the state bailiff, within 3 (three) working days from the date of receipt of the documents, makes decree about arousal or about refusal in initiation of enforcement proceedings, which is sent to the service recipient.
6. Description of the procedure for the provision of public services through a public corporation:
1) the service recipient submits documents to the State Corporation, which are forwarded to the service provider;
2) the service provider, on the day of receipt of the documents, registers them with AISOEB and transfers them to the state bailiff;
3) the state bailiff, within 3 (three) working days from the date of receipt of the documents, makes decree about arousal or about refusal in the initiation of enforcement proceedings, which is sent to the State Corporation and the service recipient.
7. Description of the procedure for the provision of public services through the portal:
1) the service recipient sends the documents through the portal.
When the service recipient applies after the end of working hours, on weekends and holidays according to Labor Code Of the Republic of Kazakhstan and The law "On Holidays in the Republic of Kazakhstan", registration of an application for receiving a public service is carried out on the next working day;
2) the service provider, on the day of receipt of the documents, registers them with AISOEB and transfers them to the state bailiff;
3) the state bailiff, within 3 (three) working days from the date of receipt of the documents, makes decree about arousal or about refusal in initiation of enforcement proceedings, which is sent to the service recipient.
8. If the service recipient provides an incomplete package of documents, the State Corporation or the service provider refuses to accept the application and issues a receipt to this effect in the form, in accordance with Appendix 4 to these Rules.
9. The Service Provider provides data entry on the stage of the provision of public services to the information system for monitoring the provision of public services.
10. In case of failure of the information system, the service provider notifies the authorized body and / or Joint Stock Company "National Information Technologies".
Chapter 3. The procedure for appealing decisions, actions (inaction) of service providers, state corporations and (or) their officials on the provision of public services
11. In the event of an appeal against decisions, actions (inaction) of a service provider, a state corporation and (or) their officials, the complaint is submitted to the name of the head of the service provider, a state corporation, to the Ministry of Justice of the Republic of Kazakhstan or to authorized body for assessing and monitoring the quality of the provision of public services in accordance with legislation Republic of Kazakhstan...
12. The service recipient's complaint received by the service provider, state corporation or the Ministry of Justice of the Republic of Kazakhstan is subject to consideration within five working days from the date of its registration.
The service recipient's complaint received by the authorized body for the assessment and control over the quality of the provision of public services is subject to consideration within fifteen working days from the date of its registration.
13. In case of disagreement with the results of the provision of public services, the service recipient applies to the court in the established legislation Of the Republic of Kazakhstan.
| Appendix 1 to the Terms of Service public service "Excitement of the executive production based on executive document at the request of the claimant" |
Footnote. Annex 1 as amended by Order No. 905 of the Minister of Justice of the Republic of Kazakhstan dated 20.10.2021 (shall be enacted ten calendar days after the date of its first official publication).
| Appendix 2 to the Terms of Service public service "Excitement of the executive production based on executive document at the request of the claimant " |
|
| The form |
Application for initiation of enforcement proceedings
In ________________________________________________________________
(full name of the service provider)
from _____________________________________________________________________
(name of the legal entity and BIN, full name (if any)
individual and IIN)
I ask to initiate enforcement proceedings on the basis of the executive document attached to this application.
Address of the place of residence of an individual, location of a legal entity
__________________________________________________________________________
(postal code, region, city, district, settlement,
___________________________________________________________________________
street name, house / building number)
Email _______________________________.
Phones ___________________.
It is hereby confirmed that: all the specified data are official contacts, and any information on the execution of the executive document can be sent to them; all attached documents are true and valid.
_______________________________________________________________________
(signature) (surname, name, patronymic (if any))
I agree to the use of information constituting a secret protected by law contained in the information systems "___" ___ 20__. (signature)
| Appendix 3 to the Terms of Service public service "Excitement of the executive production based on executive document at the request of the claimant" |
|
| The form |
Statement of discharge, direction of a writ of execution
for compulsory execution and initiation of enforcement proceedings
In_____________________________________________________________________
(full name of the service provider)
from__________________________________________________________________________
(name of a legal entity and BIN / full name (if any) of an individual and IIN)
I ask you to write out and / or send a writ of execution for compulsory execution
and initiate enforcement proceedings on the basis of the executive document attached to this application.
Address of the place of residence of an individual, location of a legal entity
____________________________________________________________________________
(postal code, region, city, district, settlement,
_____________________________________________________________________________.
street name, house / building number)
Email___________________________________________________.
Phones ___________________________________________________________.
It is hereby confirmed that: all the specified data are official contacts, and any information on the execution
of the executive document can be sent to them; all attached documents are true and valid.
______________________________________________________________________
(signature) (surname, name, patronymic (if any))
I agree to the use of information constituting a secret protected by law contained in information systems
________ (signature) "___" ___ 20__
| Appendix 4 to the Terms of Service public service "Excitement of the executive production based on executive document at the request of the claimant" |
|
| The form |
__________________________________________________________________________
Surname, name, patronymic (if any), or the name of the organization
service recipient)
_____________________________________________________________________
(address of the service recipient) Receipt of refusal to accept documents
Guided by article 19, paragraph 2 Article 20 of the Law of the Republic of Kazakhstan dated April 15, 2013 "
On public services", you are refused to accept documents for the provision of the state service "Initiation of
enforcement proceedings on the basis of an executive document at the request of a claimant" due to your
submission of an incomplete package of documents:
1)________________________________________;
2) ________________________________________;
3) ....
and / or expired documents.
This receipt is made in 2 copies, one for each party.
FULL NAME. (employee) (signature).
Executor: Full name (if available).
Telephone:
Received: Full name (if any) / signature of the service recipient.
"___" _________ 20__ year.
| Appendix 4 to the order Minister of Justice Republic of Kazakhstan dated May 29, 2020 No. 69 |
List of some orders of the Ministry of Justice of the Republic of Kazakhstan that have become invalid
1. Order Of the Minister of Justice of the Republic of Kazakhstan dated April 20, 2015 No. 221 "On approval of the standard of the public service" Initiation of enforcement proceedings on the basis of an executive document at the request of a claimant "(registered in the Register of State Registration of Normative Legal Acts No. 10963, published on May 13, 2015 in Information legal system "Әділет");
2. Order Acting Minister of Justice of the Republic of Kazakhstan dated May 29, 2015 No. 307 "On approval of the regulations of the public service" Initiation of enforcement proceedings on the basis of an executive document at the request of a claimant "(registered in the Register of State Registration of Normative Legal Acts No. 11287, published on June 12, 2015 in Information and legal system "Әділет");
3. Order Of the Minister of Justice of the Republic of Kazakhstan dated November 30, 2015 No. 605 "On some issues of testing and certification of persons who have undergone an internship and apply to engage in the activities of a private enforcement agent" (registered in the Register of State Registration of Normative Legal Acts No. 12588, published on January 13, 2016 in Information and legal system "Әділет");
4. Order Of the Minister of Justice of the Republic of Kazakhstan dated January 11, 2018 No. 61 "On the approval of the standards of public services" Conducting certification of persons who have undergone training and applying for the right to engage in the activities of a private enforcement agent "and" Issuance of a license to engage in the activities of a private enforcement agent "(registered in the Register of State registration of regulatory legal acts No. 16309, published on February 15, 2018 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan);
5. Order Of the Minister of Justice of the Republic of Kazakhstan dated February 1, 2018 No. 170 "On Amendments to the Order of the Minister of Justice of the Republic of Kazakhstan dated November 30, 2015 No. 605" On Certain Issues of Testing and Certification of Persons Who Underwent Training and Applying to Become a Private Bailiff "(registered in the Register of State Registration of Regulatory Legal Acts No. 16372, published on February 26, 2018 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan);
6. Order Of the Minister of Justice of the Republic of Kazakhstan dated March 20, 2018 No. 446 "On approval of the regulations of public services" Conducting certification of persons who have undergone training and applying for the right to engage in the activities of a private enforcement agent "and" Issuance of a license to engage in the activities of a private enforcement agent "(registered in the Register of state registration of regulatory legal acts No. 16976, published on June 8, 2018 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan);
7. Order Of the Minister of Justice of the Republic of Kazakhstan dated April 17, 2019 No. 211 "On amendments to the order of the Minister of Justice of the Republic of Kazakhstan dated April 20, 2015 No. 221" On approval of the standard of the public service "Initiation of enforcement proceedings on the basis of an executive document at the request of the claimant" (registered in the Register state registration of regulatory legal acts No. 18571, published on May 3, 2019 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan);
8. Order Of the Minister of Justice of the Republic of Kazakhstan dated July 9, 2019 No. 385 "On Amendments to the Order of the Acting Minister of Justice of the Republic of Kazakhstan dated May 29, 2015 No. 307" On Approval of the Regulations for the State Service "Initiation of Enforcement Proceedings on the Basis of an Execution Document at the Request of a Recoverer" (registered in the Register of State Registration of Regulatory Legal Acts No. 19053, published on July 29, 2019 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan).
