Unofficial translation
Footnote. Throughout the text, the words "national service", "to national service" shall be replaced by the words "military service", "to military service" in accordance with the Law of the Republic of Kazakhstan dated 22.05.2007 № 255 (shall come into effect from the date of its official publication).
Chapter 1. General provisions Article 1. Status of Bodies of Justice of the Republic of Kazakhstan
The Bodies of Justice of the Republic of Kazakhstan (hereinafter - the Bodies of Justice) are the executive bodies within their competence to carry out legal support of the state, support the regime of legality in the work of state bodies, organizations, officials and citizens to ensure protection of the rights and legitimate interests of citizens and organizations.
Article 2. The legal framework of the Bodies of Justice
The legal basis for the activities of the Bodies of Justice shall consist of the Constitution of the Republic of Kazakhstan, this Law and other regulatory legal acts and international treaties of the Republic of Kazakhstan.
Article 3. Objectives of the Bodies of Justice
Objectives of the Bodies of Justice shall be:
1) participation in the formation of national legislation aimed at ensuring the supremacy of human and civil rights and freedoms, the sovereignty of the Republic of Kazakhstan, the sustainable and progressive development of Kazakhstani society and the state, by participating in the development and implementation of a nationwide development strategy, coordination, and also conducting legislative work, analysis, improvement, systematization of the legislation of the Republic of Kazakhstan, legal expertise of draft regulatory legal acts, organization of scientific legal and scientific linguistic expertise;
1-1) participation within their competence in the formation and implementation of the regulatory policy of the state;
2) legal support to Kazakhstan in the international arena in order to protect its national interests and strengthen the authority of the world community, including through the preparation and conclusion of international treaties of the Republic of Kazakhstan;
3) implementation of state registration of legal entities that are non-profit organizations, registration of their branches and representative offices, state registration of regulatory legal acts of central state bodies and their departments, local representative and executive bodies, as well as akims and audit commissions of regions, cities of republican significance, the capital, ensuring state accounting of normative legal acts of the Republic of Kazakhstan;
3-1) formation and implementation of state policy in the sphere of state registration, organization and provision of legal assistance, legal propaganda;
3-2) implementation of state policy in the sphere of state registration of rights to immovable property, registration of pledge of movable property, state technical inspection of immovable property and maintaining a register of pledge of movable property;
4) organization and provision of legal assistance and ensuring legal propaganda;
5) organization and implementation of forensic activity;
6)-6-2) are excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication);7) formation and implementation of state policy in the field of protection and enforcement of intellectual property rights;
8) (is excluded – N 25 dated 29 December, 2004)9) implementation of proceedings on cases of administrative offences in accordance with the law of the Republic of Kazakhstan;
9-1) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2012 № 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication);9-2) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2012 № 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
9-3) formation and realization of state policy in the field of execution of executive documents;
9-4) formation and realization of state policy in the field of forensic activity;
10) carrying out of the other objectives imposed on them by the legislation of the Republic of Kazakhstan.
Footnote. Article 3 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2004 № 25; dated 26.03.2007 № 240 (order of enforcement see Article 2); dated 28.12.2010 № 368-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2010 № 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.03.2011 № 421-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2014 № 236-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2014 № 227-V (shall be enforced from 01.01.2015); dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016); dated 24.05.2018 № 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2018 № 177-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.04.2019 № 241-VI (shall be enforced from 01.07.2019); dated 12.03.2021 № 15-VII (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).Article 4. Principles of activity of the Bodies of Justice
The activities of the Bodies of Justice shall be based based on the following principles:
1) of the legality;
2) ensure the right to defense, the equality of all before the law, and respect for the rights and freedoms of man and citizen;
3) transparency, cooperation with law enforcement and other government agencies and other organizations and officials;
4) independence from political parties and other public associations;
5) is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
6) the unity of the system the Bodies of Justice
Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 08.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).Chapter 2. System and the organization of activity of the Bodies of Justice Article 5. The system of the Bodies of Justice
1. Unified system of the Bodies of Justice shall consist:
1) the Bodies of Justice, including:
Ministry of Justice of the Republic of Kazakhstan;
territorial bodies, departments and institutions of Justice;
2) institutions and other subordinate organizations.
Footnote. Article 5 is in wording of the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).Article 6. The Ministry of Justice of the Republic of Kazakhstan
1. The Ministry of Justice of the Republic of Kazakhstan is the central executive body within the structure of the Government of the Republic of Kazakhstan, formed by, reorganized and abolished by the President of the Republic on the recommendation of the Prime Minister of the Republic.
2. The Ministry of Justice is headed by the Minister, appointed on recommendation of the Prime Minister of the Republic of Kazakhstan, introduced after consultations with the Majilis of the Parliament of the Republic of Kazakhstan, and dismissed by the President of the Republic of Kazakhstan.
3. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015).4. The Ministry of Justice of the Republic of Kazakhstan shall improve the system of reporting and evaluation of activities with a priority on the protection of constitutional rights and freedoms of person and citizen, the interests of society and the state, trust from the population with the definition of mechanisms for external evaluation given by representative bodies and the public, with the introduction of a rating assessment of the level corruption, and also establish various forms of cooperation with civil society institutions, assist in the implementation of regulatory policy.
Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 29.04.2009 № 154-IV (order of enforcement see Article 2); dated 17.07.2009 № 188-IV (order of enforcement see Article 2); dated 19.03.2010 № 258-IV; dated 06.01.2011 № 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.01.2011 №. 379-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 № 36-V 9 shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.03.2021 № 15-VII (shall come into effect ten calendar days after the day of its first official publication).Article 7. Powers of the Minister of Justice the Republic of Kazakhstan
1. The Minister of Justice of the Republic of Kazakhstan (hereinafter – the Minister) administers justice agencies and is personally responsible for implementation of the tasks of the judicial authorities.
2. Minister:
1) appoints and dismisses the heads of departments under the Ministry of Justice of the organizations and their alternates in accordance with the laws of the Republic of Kazakhstan;
2) refers to the statement of claim to the court for recognition of regulations, subject to state registration in the judiciary, but not past it invalid;
3) issue acts binding the bodies of justice, as well as within their competence - acts which are binding in other state bodies, organizations, officials and citizens;
4) the Ministry is in state bodies and organizations in accordance with the laws of the Republic of Kazakhstan;
5) is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
6) carry out the other powers, imposed on him (her) by this Law, the other regulatory legal acts of the Republic of Kazakhstan.
Footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2011 № 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).Article 8. Territorial Bodies of Justice
1. Territorial bodies of Justice shall be the regional, the cities of republican significance and the capital city, district and city departments of Justice.
2. In the territorial departments of justice gives the corresponding structural units which implement the functions entrusted to the Bodies of Justice.
Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 29 December, 2004 №25; dated 28.12.2018 № 210-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 9. Organization of the system of Justice
To solve the problems and provide the functions entrusted to the Ministry of Justice, under the Ministry of the actions of state agencies and other organizations.
Footnote. Article 9 is in wording of the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).Article 10. Penal system of the Bodies of Justice
Footnote. Article 10 is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 №. 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 11. The structure of the penal system
Footnote. Article 11 is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 11-1. System of the bodies of execution producing
Footnote. Article 11-1 is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (effective after ten calendar days after the date of its first official publication).
Article 12. Cooperation of the Bodies of Justice with the state bodies, organizations and civil servants
1. The Bodies of Justice in solving their tasks interact with central and local government agencies, including law enforcement and regulatory as well as with officials.
The Bodies of Justice upon request of the authorized body on financial monitoring information are from their own information systems in accordance with the laws of the Republic of Kazakhstan on countering the legalization (laundering) of proceeds from crime and terrorist financing.
2. State bodies, organizations and officials are obliged to assist the judicial authorities in the performance of functional tasks and protection of the rights, freedoms and civil rights, legal entities and state interests.
3. Cooperation of the Bodies of Justice with state bodies and organizations of foreign states, including the bodies of justice, carried out on the basis of international agreements.
4. Is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Footnote. Article 12 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2004 № 25; dated 28.08.2009 N 192-IV (shall be enforced from 08.03.2010); dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.06.2014 № 206-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 12-1. Public control over the legitimate rights and interests of persons in institutions of penal system
Footnote. Article 12-1 is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 13. Acts of the Bodies of Justice
1. In the cases provided by this Law and other legislative acts of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, the Minister of Justice, within its competence, issue orders concerning the activities of judicial authorities, subject to state registration in accordance with the Laws of the Republic of Kazakhstan, as well as making a presentation.
2. Heads of departments and the territorial bodies of the Ministry of Justice within the competence issue orders and make representations.
3. Acts of the Bodies of Justice, adopted within their competence and passed in the cases provided by law, the state registration, binding organizations, officials and citizens of the Republic of Kazakhstan, foreigners and stateless persons.
Article 14. Representation of the Bodies of Justice
1. The Bodies of Justices hall make representation to eliminate violations of the law:
1) in respect of regulations, subject to state registration in the judiciary, but not past it;
2) in respect of regulatory legal acts of central and local government bodies, akims used to, but not published in the prescribed manner, the publication of which is mandatory in accordance with Article 4 of the Constitution of the Republic of Kazakhstan;
3) In relation to regulations, subject to state registration in the Bodies of Justice, contrary to the legislation of the Republic of Kazakhstan;
4) in other cases established by legislative acts of the Republic of Kazakhstan.
2. Presentation shall be submitted to the appropriate state agency (civil servant) or a higher authority (civil servant).
3. Representation shall be considered a public authority or officer of the parent body with compulsory measures to address violations of the Law, as well as the causes and conditions that contribute to them, in the terms established by judicial authorities, but not later than thirty calendar days.
The Bodies of Justice shall have the right to participate in considering the view. On the time and place of submission of judicial authority must be notified state body or official no later than three calendar days prior to the consideration of the submission.
4. Results of the review of the submission and the taken action reported to the judicial authorities within three working days from the date of submission of examination.
Footnote. Article 14 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2011 № 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).Chapter 3. Basic functions, rights and duties of the Bodies of Justice Article 15. Functions of the Bodies of Justice in the scope of reference work, improving of legislation
In the scope of legislative work, improving legislation judicial authorities shall have the following function:
1) the legislative work, the development of draft Laws and regulations;
1-1) coordination of legislative work of central state bodies developing draft laws in the manner of the legislative initiative of the Government of the Republic of Kazakhstan;
2) legal review of draft regulations;
2-1) organization of scientific legal, scientific linguistic examinations on the draft law;
2-2) giving an opinion on a draft law developed as a legislative initiative of the Government of the Republic of Kazakhstan, including the results of legal expertise on a draft subordinate regulatory legal act and a draft information support and clarification program;
2-3) within its competence, coordination of procedures for public discussion of a regulatory policy advisory document and draft regulatory legal acts in accordance with the Law of the Republic of Kazakhstan "On Legal Acts";
3) involvement for lawmaking, expert, scientific research and consultation of specialists and experts of state bodies, organizations, including foreign ones, using for this purpose the budget and other funds;
4) official explanation of regulatory legal acts of the Government together with the interested state bodies on behalf of the Prime Minister of the Republic of Kazakhstan;
5) ensuring legal informatization, maintaining the "E-zannama" information system, maintaining a unified system of legal information;
6) coordination of research work of state bodies and organizations in the field of legislation.
Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 05.07.2014 № 236-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.04.2016 № 481-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.03.2021 № 15-VII (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).Article 16. Functions of the Bodies of Justice in the scope of legal provision of international treaties, coordination of foreign legal assistance
In the scope of legal support of international agreements, coordination of foreign legal aid judicial authorities shall have the following functions:
1) preparation, organization of imprisonment and execution in accordance with the Laws of the Republic of Kazakhstan international treaties on legal assistance and legal cooperation with foreign states;
2) legal review of loan agreements concluded under the guarantee of the Republic of Kazakhstan;
2-1) organizing scientific legal expertise on international treaties, to which the Republic of Kazakhstan purports to become a party, as well as on draft international treaties subject to ratification;
2-2) organizing scientific linguistic expertise under international treaties, to which the Republic of Kazakhstan purports to become a party, as well as under draft international treaties subject to ratification;
3) the execution of letters rotatory and requests of foreign countries in accordance with international agreements;
4) performance of analysis on the harmonization and unification of the law of the Republic of Kazakhstan and foreign countries, as well as the implementation of recognized international standards in Kazakhstan legislation of the Republic of Kazakhstan;
5) participation in the prescribed manner to the preparation and conclusion of international agreements on mutual protection of intellectual property rights in the signing of such agreements;
6) The legal review of draft international treaties.
Footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 12.03.2021 № 15-VII (shall come into effect ten calendar days after the day of its first official publication).Article 17. Functions of the Bodies of Justice in judicial and expert activity
In the scope of judicial and expert activity judicial authorities shall have the following functions:
1) selection and placement of personnel forensic experts;
2) organization of forensic activities and issuance of licenses to forensic experts in the manner prescribed by the legislation of the Republic of Kazakhstan on permits and notifications;
3) material and technical state forensic institutions;
4) coordination of research work in the field of forensics.
Footnote. Article 17 is in wording of the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of six months after date of its first official publication) ; as amended by the Law of the Republic of Kazakhstan dated 16.05.2014 № 203-V (shall be enforced upon expiry of six months after its first official publication).Article 18. Functions of the Bodies of Justice in the scope of carrying out of state registration
In the scope of state registration the Bodies of Justice shall carry out the following functions:
1) state registration of normative legal acts of central state bodies and their departments, maslikhats, akimats, akims and audit commissions of regions, cities of republican significance, the capital, ensuring the maintenance of the State Register of normative legal acts of the Republic of Kazakhstan;
1-1) state control in central state bodies and their departments, maslikhats and their offices, akimats, offices of akims, audit commissions of regions, cities of republican significance, capital city in the sphere of observance of the legislation of the Republic of Kazakhstan regulating the issues of issuance, state registration and cancellation of regulatory legal acts subject to state registration in justice bodies;
2) state registration of legal entities that are noncommercial organizations, accounting registration of their branches and representative offices, as well as maintaining the National register of business identification numbers;
3) is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);4) excluded by the Law of the Republic of Kazakhstan dated 12.03.2021 № 15-VII (shall come into effect ten calendar days after the day of its first official publication);
5) is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
6) carrying out state regulation in the sphere of state registration of rights to immovable property, registration of pledge of movable property, state technical inspection of immovable property and maintaining a register of pledge of movable property;
7) carrying out state control in the sphere of state registration of rights to immovable property.
Footnote. Article 18 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2004 № 25; date 05.06.2006 № 146 (order of enforcement see Article 2); dated 26.07.2007 №. 311 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2010 № 372 -IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.03.2011 № 421 -IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.12.2012 № 60 -V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2014 № 236 -V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239 -V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.11.2015 № 408-IV (shall be enforced from 01.03.2016); dated 24.11.2015 № 422-V (shall be enforced from 01.01.2016); dated 24.05.2018 № 156-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.04.2019 № 241-VI (shall be enforced from 01.07.2019); dated 12.03.2021 № 15-VII (shall come into effect ten calendar days after the day of its first official publication); dated 06.04.2024 № 71-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 19. Functions of the bodies of justice in the sphere of organization and provision of legal assistance, legal propaganda
Footnote. The title of Article 19 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2018 № 177-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
1. In the sphere of organization and provision of legal assistance, the bodies of justice shall carry out the following functions:
1) selection, attestation and placement of staff of a public notary, issuance, suspension and termination (except for deprivation) of licenses of lawyers and notaries in the manner established by the legislation of the Republic of Kazakhstan on permits and notifications;
2) management of public notaries, the promotion of private notaries, control over the legality of notarial acts and compliance with the rules of proceedings public and private notaries;
3) licensing of certain types of activities in accordance with the legislation of the Republic of Kazakhstan on permits and notifications;
4) regulatory and methodological support, control of civil registration and maintenance of relevant databases;
5) coordination and methodological guidance of the activities of legal services of central executive bodies, interaction with the legal services of the offices of mayors of regions, the cities of republican significance and the capital city;
6) control over the quality of legal assistance provided to individuals and legal entities by lawyers, notaries, private bailiffs, legal consultants;
7) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);8) apostille on official documents issued by the Bodies of Justice and other state bodies, as well as notaries.
2. In the scope of legal advocacy judicial authorities shall have the following functions:
1) interagency coordination of legal advocacy organization, participation in the clarification of the legislation;
2) provision on a contractual basis of standard legislative acts and other regulatory legal acts, information and reference materials, including using a unified system of legal information;
3) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).4) coordination, in the manner determined by the Government of the Republic of Kazakhstan, of draft programs for information support and clarification of draft laws being developed and adopted laws in accordance with the Law of the Republic of Kazakhstan “On Legal Acts”.
Footnote. Article 19 as amended by the Laws of the Republic of Kazakhstan dated 29 December, 2004 Bo. 25; dated 15 April, 2005 No/ 45; dated 12 January, 2007 № 222 (shall be enforced upon expiry of six months from date of its first official publication); dated 29.12.2010 № 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.16.2014 № 203-V (shall be enforced upon expiry of six months after the day its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication) ; dated 05.07.2018 № 177-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2018 № 210-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.03.2021 № 15-VII (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).Article 20. Functions of the Bodies of Justice in the scope of criminal-executive activities
Footnote. Article 20 is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 21. Functions of the Bodies of Justice in the scope of carrying out of state policy in the field of protection and enforcement of intellectual property rights
In the scope of implementation of the state policy in the field of protection and enforcement of intellectual property rights judicial authorities shall have the following functions:
1) the development of proposals to improve the legislation in the field of protection and enforcement of intellectual property rights;
2) participation in research and other activities in the field of legal protection and use of intellectual property;
3) international cooperation on the protection and use of intellectual property;
4) interdepartmental coordination of activities and methodological assistance to the authorized bodies, as well as to the interested organizations in the field of protection and enforcement of intellectual property rights;
5) monitoring the implementation of the authorized bodies and organizations of public policy for the protection and the protection of intellectual property rights, including their compliance with the legislation and implementation of international agreements in this field;
6) monitor the activities of the organizations managing the economic rights on a collective basis, patent attorneys and interaction with them;
7) organization of activities for copyright registration in the official registers;
8) organization of activities for registering applications for the issuance of security documents for industrial property, breeding achievements, topologies of integrated microcircuits, trademarks, service signs, geographical instructions and names of places of origin of goods, including in accordance with international treaties of the Republic of Kazakhstan;
9) organization of activities for the examination of applications for the issuance of security documents for industrial property, breeding achievements, topologies of integrated microcircuits, trademarks, service signs, geographical instructions and names of places of origin of goods, maintaining relevant state registers, issuing security documents and implementing measures to maintain them in force, including in accordance with international treaties of the Republic of Kazakhstan;
10) control over the activities of the state organization carrying out examination in the sphere of patent case and registration of copyright in official registers;
11) Organization of activities for registering licensed agreements for the use of industrial property, breeding achievements, topologies of integrated microcircuits, open licenses and assignment agreements for security documents;
12) accreditation organizations managing property rights on a collective basis.
Footnote. Article 21 is in wording of the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 20.06.2018 № 161-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.06.2022 № 128-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).Article 21-1. Functions of the Bodies of Justice in the field of execution of executive documents
In the field of enforcement of executive documents, the bodies of justice shall carry out the following functions:
1) the enforcement of court orders (organizational, methodological support, monitoring, complaints and other requests by the executive production, work with the arrested property of the debtor);
2) the organization of the activities of private bailiffs and their colleagues (organization of work qualification, the disciplinary committee, the contest, the licensing of private bailiffs, control their activities, complaints and other complaints against actions ( inaction) of private bailiffs);
3) cooperation with the services of the executive production of foreign countries and international organizations in the field of execution of executive documents.
Footnote. Chapter 3 is supplemented by Article 21-1 in accordance with the Law of the Republic of Kazakhstan dated 28.12.2010 № 368-IV (shall be enforced upon expiry of ten calendar days after its first official publication); is in the wording of the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).Article 22. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2004 № 25 Article 22-1. State control over the activities of organizations managing property rights on a collective basis, as well as the use of a trademark, service mark, appellation of origin or brand name
State control over the activities of organizations managing property rights on a collective basis, as well as over the use of a trademark, service mark, appellation of origin of goods or trade name shall be exercised in unscheduled inspection and preventive control with a visit to the subject (object) of control in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.
Footnote. Article 22-1 is in the wording of the Law of the Republic of Kazakhstan dated 24.05.2018 №. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of RK dated 06.04.2024 № 71-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 22-2. State control in the sphere of observance of the legislation of the Republic of Kazakhstan regulating the issues of issuance, state registration and abolition of regulatory legal acts subject to state registration in the bodies of justice
State control in the sphere of observance of the legislation of the Republic of Kazakhstan regulating the issues of publication, state registration and cancellation of regulatory legal acts subject to state registration in the bodies of justice (hereinafter referred to as the state control) shall be exercised in order to prevent officials of state bodies of the Republic of Kazakhstan from violating the legislation of the Republic of Kazakhstan regulating the issues of publication, state registration and cancellation of regulatory legal acts subject to state registration in the bodies of justice (hereinafter referred to as the state control).
Subjects of state control over observance of the legislation of the Republic of Kazakhstan in the sphere of state registration of regulatory legal acts (hereinafter referred to as the subjects of control) shall be state bodies of the Republic of Kazakhstan specified in subparagraph 1-1) of Article 18 of this Law.
The state control in respect of special state bodies of the Republic of Kazakhstan shall not be conducted.
Footnote. Chapter 3 as added by Article 22-2 in accordance with the Law of RK dated 06.04.2024 № 71-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 23. Other function of the Bodies of Justice
1. The Bodies of Justice, besides those listed in Articles 15 - 22, perform the following functions:
1) the observance and protection of human rights, freedoms and legitimate interests of citizens, organizations, and the State;
2) ensure the protection referred to them by other state bodies and organizations of information constituting state secrets, as well as information, classified by them;
3) acceptance, consideration of citizens and legal entities on issues related to the competence of judicial authorities, and the message to the applicants of the decisions taken in the manner and time established by the legislation of the Republic of Kazakhstan;
4) analysis and generalization of the practice of applying the legislation of the Republic of Kazakhstan in the field of its activities, including the results of legal monitoring of regulatory legal acts in accordance with the Law of the Republic of Kazakhstan "On Legal Acts", and making appropriate proposals for its improvement, elimination of causes and conditions that contribute to the violation of the legislation of the Republic of Kazakhstan;
5) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 № 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);6) is excluded by the Law of the Republic of Kazakhstan dated 08.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
7) provision of scientific, methodological and legal assistance to the state bodies within its competence;
7-1) is excluded by the Law of the Republic of Kazakhstan dated 21.07.2011 № 468-IV (shall be enforced upon expiry of ten calendar days after its first official publication);8) is excluded by the Law of the Republic of Kazakhstan dated 20.06.2018 № 161-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
9) is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
9-1 ) the coordination of the competent authorities on the legal monitoring regulations;
9-2 ) The implementation of the production of the administrative law within the competence of judicial authorities in accordance with law;
9-3) ensuring the maintenance of a single database of analytical, consulting, sociological and other studies funded from the republican and local budgets, conducted by order of state bodies and local executive bodies, their subordinate organizations, subjects of the quasi-public sector, including joint research with international organizations, in the manner determined by the Minister of Justice of the Republic of Kazakhstan;
10) other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
2. In the cases provided by the Law of the Republic of Kazakhstan "On Copyright and Related Rights", the judicial authorities set the amount of remuneration and conditions of payment.
3. Is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).Footnote. Article 23 is in wording of the Law of the Republic of Kazakhstan dated 20.12.2004 № 13 (shall be enforced from 01.01.2005); as amended by the Laws of the Republic of Kazakhstan dated 31.01.2006 № 125; dated 05.07.2006 № 165 (order of enforcement see Article 2); dated № 240 (order of enforcement see Article 2); dated 20.01.2010 № 239-IV; dated 21.07.2011 № 468-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 № 452-IV (shall be enforced from 13.10.2011); dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 № 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.02.2017 № 49-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.05.2018 № 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.06.2018 № 161-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2018 № 177-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.03.2021 № 15-VII (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).
Article 23-1. Procedure for conducting state control
1. State control shall be conducted by bodies of justice in the form of planned and unplanned inspections. Planned and unscheduled inspections shall be conducted by means of visits.
The Ministry of Justice of the Republic of Kazakhstan shall carry out scheduled and unscheduled inspections in state bodies specified in subparagraph 1-1) of Article 18 of this Law, territorial bodies of justice - in local executive and representative bodies, as well as audit commissions of regions, cities of republican significance, and the capital.
2. The frequency of scheduled inspections of control subjects shall not exceed once in three years in accordance with the plan of scheduled inspections approved by the first head of the justice body (or a person performing his duties).
Unscheduled inspections shall be conducted at the initiative of justice bodies upon direct detection of violations of the legislation of the Republic of Kazakhstan in the sphere of state registration of normative legal acts, as well as upon receipt of information on such violations from individuals and legal entities, mass media or on instructions of higher state bodies.
The justice authority shall notify the subject of control of the beginning of an unscheduled inspection at least one day prior to its commencement, indicating the subject of the inspection.
3. The first head of the justice authority (or a person acting in his/her capacity) shall approve plans of scheduled inspections of control subjects not later than December 1 of the year preceding the year of inspection.
Plans for conducting scheduled inspections shall include:
number and date of the act on approval of the plan;
name of control subjects, their location;
subject of inspection
the timeframe for conducting inspections;
signature of the person authorized to sign the plan.
The plan of planned inspections shall be a notice of planned inspection and shall be posted on the Internet resource of the Ministry of Justice of the Republic of Kazakhstan not later than December 20 of the year preceding the year of inspection.
4. Introduction of amendments and additions to plans for conducting planned inspections shall be made in cases of reorganization of a subject of control, change of its name or redistribution of powers between subjects of control.
5. When conducting inspections, the official authorized to conduct inspections shall be guided by the Constitution of the Republic of Kazakhstan, the Code of the Republic of Kazakhstan on Administrative Offences, this Law and the laws of the Republic of Kazakhstan “On legal acts”, “On local state administration and self-governance in the Republic of Kazakhstan” and other normative legal acts of the Republic of Kazakhstan.
6. The inspection shall be conducted in order to:
1) detection and prevention of facts of non-submission by an official for state registration of a normative legal act subject to such registration in accordance with Article 35-1 of the Law of the Republic of Kazakhstan “On legal acts”, in the order and terms established by the legislation of the Republic of Kazakhstan;
2) revealing and prevention of facts of illegal application by officials of state bodies, specified in subparagraph 1-1) of Article 18 of the present Law, of regulatory legal acts, which have lost force, recognized by court as invalid, or which action shall be suspended, and also which shall have not passed the state registration in justice bodies or have not been published in the established order;
3) providing methodological assistance to ensure quality and strengthen the regime of legality in the sphere of state registration of regulatory legal acts.
7. The inspection shall be conducted on the basis of the act on appointment of the inspection. The act on appointment of the inspection shall be signed by the first head of the justice body (or a person performing his/her duties).
8. The act on appointment of an inspection shall specify:
1) number and date of the act;
2) the name of the state body;
3) surname, name, patronymic (if it is indicated in the identity document) and position of the person (persons) authorized (authorized) to conduct an inspection;
4) name of the subject of control, its location;
5) the subject of the assigned inspection;
6) type of inspection
7) period of the audit
8) grounds for conducting an audit;
9) period under audit;
10) signature of the head of the subject of control or his authorized person on receipt or refusal to receive the act;
11) signature of the person authorized to sign acts and the seal of the justice authority.
9. The date of delivery to the subject of control of the act on the appointment of the audit shall be deemed to be the beginning of the audit.
An official of the justice authority, who has arrived to conduct an inspection, shall present to the subject of control the act on the appointment of the inspection, his/her official ID card or identification card.
10. The period of the inspection shall be established taking into account the scope of work to be performed, the tasks set and the composition of officials authorized to conduct the inspection, but not more than thirty working days.
11. The official authorized to conduct an inspection shall present the act on the appointment of the inspection for familiarization to the first head of the subject of control (or the person acting as his/her duties).
In case of their absence, the deputy first head of the subject of control or the head of the office (if any) shall be familiarized with the act on the appointment of the audit.
12. Obstruction of an audit by an official of the subject of control shall entail liability provided for by the Code of the Republic of Kazakhstan on Administrative Offenses.
13. Acts issued during the period specified in the act appointing the inspection, except for acts containing state secrets, shall be subject to inspection.
14. The official authorized to conduct an inspection shall have the right to:
unhindered access to the territory and premises of the subject (object) of control in accordance with the act on the appointment of the inspection;
receive documents (information) on paper and (or) electronic media or copies thereof to be attached to the act on the results of the inspection;
request materials and information necessary to carry out audits from control subjects;
to request explanations of an official of the subject of control, brought to administrative responsibility, to the first head of the justice authority (or a person performing his duties).
15. When conducting an inspection, an official authorized to conduct an inspection shall:
1) shall not allow bias and prejudice towards the subject of control;
2) select acts subject to state registration;
3) decide on the necessity or lack of necessity of state registration of acts.
16. Subjects of control or their authorized representatives when conducting an inspection shall have the right to:
1) not to allow an official authorized to conduct an inspection in cases of:
exceeding or expiration of the time limits specified in the act on the appointment of the inspection, which do not correspond to the time limits established by paragraph 10 of this Article;
prolongation of the terms of the audit beyond the term established by paragraph 18 of this Article;
absence of documents provided for by part two of paragraph 9 of this Article;
2) appeal against the act on the results of the inspection in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
17. Subjects of control or their authorized representatives when conducting an inspection shall be obliged:
1) ensure unimpeded access of the official authorized to conduct an inspection to the territory and premises of the subject (object) of control;
2) provide necessary conditions for the work of the official authorized to conduct an inspection;
3) submit to the officials authorized to conduct an inspection acts issued by the subject of control for the period specified in the act appointing the inspection and other documents (information) in accordance with the subject of the inspection.
18. In case of a significant volume of the audited period, an inspection may be extended once for a period not exceeding thirty calendar days.
19. Extension of the terms of the audit shall be carried out by an act of the first head of the justice authority (or a person performing his/her duties) not later than the termination date of the audit specified in the act on the appointment of the audit, indicating the reasons for the extension.
20. The official authorized to conduct an inspection shall present the act on extension of the terms of conducting an inspection for familiarization to the first head of the subject of control (or a person performing his/her duties).
The control subject shall be notified of the extension of the audit period no later than one day prior to the end of the audit period specified in the act on the appointment of the audit.
21. Based on the results of the inspection, the official authorized to conduct the inspection shall, not later than three working days from the date of expiry of the inspection period specified in the act on appointment of the inspection (or in the act on extension of the inspection period), draw up an act on the results of the inspection in three copies with instructions on elimination of identified violations, if any, and improvement of work.
The act on the results of the inspection shall not contain various tables and reference data, such information shall be formalized in a separate annex.
The act on the results of the audit shall be accompanied by documents related to the results of the audit or copies thereof, if any, as well as explanations of the officials of the subjects of control with regard to the identified violations.
22. The first copy of the act on the results of the audit in electronic form shall be delivered to the state body carrying out within its competence activities in the field of state legal statistics and special records, the second copy on paper against signature or in electronic form shall be handed over to the first head of the subject of control or his authorized person for familiarization and signing, the third copy shall be kept by the justice body.
23. Acts on the results of the audit shall specify:
1) date and place of drawing up the act;
2) name of the state body;
3) number and date of the act on appointment of the inspection, on the basis of which the inspection was conducted;
4) surnames, first names, patronymics (if they are indicated in identity documents) and positions of the persons who conducted the inspection;
5) name of the subject of control, its location;
6) the subject of the audit
7) type of inspection;
8) period of the inspection;
9) information on the results of the inspection, including identified violations;
10) requirements to eliminate the identified violations with indication of the deadline for fulfillment of the requirements;
11) information on familiarization or refusal to familiarize with the act of the first head of the subject of control (or a person performing his duties);
12) signature of the official who conducted the inspection.
24. If the first head of the subject of control (or the person performing his/her duties) has objections or comments to the act on the results of the audit, he/she shall make a reservation and attach motivated written explanations and comments.
In the event of disagreement with the violations specified in the act on the results of the audit, the control subject may submit an objection within three calendar days from the date of delivery of the act.
25. An official of the justice authority shall consider remarks and (or) objections of the subject of control to the act on the results of the audit and shall give a reasoned response within thirty working days.
26. In case of refusal to accept an act on the results of an inspection, a protocol shall be drawn up, which shall be signed by the official performing the inspection and the first head of the subject of control (or a person performing his/her duties).
The first head of the subject of control (or the person performing his/her duties) shall have the right to refuse to sign the protocol, giving a written explanation of the reason for the refusal.
27. In the event of revealing during the inspection of violations, for the commission of which administrative responsibility is provided, the official authorized to conduct the inspection shall draw up a protocol on administrative offence in the manner prescribed by the Code of Administrative Offences of the Republic of Kazakhstan.
28. Violations specified in the act on the results of the inspection shall be eliminated by the subject of control within ten working days from the date of signing by the first head of the subject of control (or a person performing his duties) of the act on the results of the inspection.
Upon expiration of the term for elimination of the identified violations specified in the act on the results of the inspection, the subject of control shall, within the term specified in the act on the results of the inspection, provide the justice authority with information on the elimination of the identified violations. The subject of control shall attach materials proving the fact of elimination of the violation to the provided information on elimination of the identified violations.
29. If the subject of control fails to eliminate the violations identified as a result of the audit within the time period established by the first part of paragraph 28 of this Article, the justice authority shall make a submission on the elimination of violations in accordance with Article 14 of this Law.
30. Inspections shall be recognized as invalid if they are conducted by the justice body in violation of the requirements for conducting inspections established by this Article.
Footnote. Chapter 3 as added by Article 23-1 in accordance with the Law of RK dated 06.04.2024 № 71-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 24. Law enforcement and the Bodies of Justice and civil servants
Justice agencies and their officials within their jurisdiction shall have the right:
1) issue and enforce regulations that require the execution of central and local government bodies, organizations, officials and citizens;
2) to implement an inter-ministerial coordination and control in matters within their competence;
3) request and receive in accordance with the legislation of the Republic of Kazakhstan, from government agencies, organizations, their officials the necessary information on paper and (or) electronic media and materials;
4) excluded by the Law of the Republic of Kazakhstan dated 12.03.2021 № 15-VII (shall come into effect ten calendar days after the day of its first official publication);5) apply to the court to protect the rights, freedoms and legitimate interests of citizens, as well as the public or the public interest in the manner prescribed by Article 56 of the Civil Procedure Code of the Republic of Kazakhstan;
6) manage the property transferred to them;
7) the licensing and supervision of licensees to comply with their licensing requirements;
8) to make proposals on the establishment, reorganization and liquidation of subordinate organizations;
8-1 ) to provide electronic services with the use of information systems in accordance with the Laws of the Republic of Kazakhstan on Informatization;
9) carry out publishing activities;
10) (excluded – № 25 dated 29 December, 2004)11) (excluded – № 25 dated 29 December, 2004)
12) in cases prescribed by law and order to draw up reports and to consider cases on administrative offenses, impose administrative penalties within its competence;
13) (excluded – № 25 dated 29 December, 2004)14) provided for by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 24 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2004 № 25; dated 11.01.2007 № 218 (shall be enforced from the date of its official publication); dated 15.07.2010 № 337-IV (order of enforcement see Article 2); dated 05.07.2011 № 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 № 36-V (shall be enforced upon expiry of ten calendar days after its first official publication; dated 10.07.2012 № 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.05.2018 № 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.03.2021 № 15-VII (shall come into effect ten calendar days after the day of its first official publication).Article 24-1. Rights and obligations of employees of correctional system
Footnote. Article 24-1 is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 24-2. State control in the field subsequent publication of official texts of normative legal acts
Footnote. Article 24-2 is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Chapter 4. Personnel of the Bodies of Justice and their legal provision
Footnote. Chapter is in wording of the Law of the Republic of Kazakhstan dated 06.01.2011 № 379-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 25. Personnel of the Bodies of Justice
Footage of Justice is employees of Justice are government employees, and other persons, labor relations which are regulated by the labor legislation of the Republic of Kazakhstan.
Footnote. Article 25 is in wording of the Law of the Republic of Kazakhstan dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).Article 26. The staff of the correctional system
Footnote. Article 26 is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 27. Legal regulation of labor of employees of the bodies of correctional system
Footnote. Article 27 is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 28. Special ranks of employees’ correctional system
Footnote. Article 28 is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 29. Special conditions of service in penal system
Footnote. Article 29 is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 30. Income and welfare workers of the Bodies of Justice
1. Remuneration of employees of the bodies of justice shall be carried out in accordance with the unified system of remuneration of employees for all bodies maintained by the state budget, approved by the Government of the Republic of Kazakhstan in agreement with the President of the Republic of Kazakhstan.
2. Employees of Justice granted annual paid leave of thirty calendar days.
3. Income security and social protection of employees of Justice, having a legal status different from that of civil servants under the Law of the Republic of Kazakhstan " On State Service ", established by legislative and other normative legal acts of the Republic of Kazakhstan.
Footnote. Article 30 as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 31. Other measures of social protection of employees of penal system
Footnote. Article 31 is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Chapter 5. Other issues of organization and activities justice agencies Article 33. Financing, logistics ensuring justice agencies
Financing, logistics of Justice shall be covered by the budget.
Footnote. Article 33 is in wording of the Law of the Republic of Kazakhstan dated 18.01.2012 № 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).Article 34. Final and transitional provisions
1. Is excuded by the Law of the Republic of Kazakhstan dated 29.12.2010 № 372-IV ((shall be enforced upon expiry of ten calendar days after its first official publication).
2. Is excluded by the Law of the Republic of Kazakhstan dated 10.01.2011 № 383-IV ((shall be enforced upon expiry of ten calendar days after its first official publication).
Footnote. The Law is supplemented by Article 34 in accordance with the Law of the Republic of Kazakhstan dated 29. 12.2004 № 25; as amended by the Laws of the Republic of Kazakhstan dated 26.03.2007 № 240 (order of enforcement see Article 2(; dated 24.06.2008 № 46-IV (shall be enforced from 1 January, 2008); dated 29.12.2010 № 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.01.2011 № 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
The President |