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Law No. 304 of March 18, 2002, on Bodies of Justice (as amended up to Law of the Republic of Kazakhstan No. 239-V of September 29, 2014)

 Law No. 304 of March 18, 2002, on Bodies of Justice (as amended up to Law of the Republic of Kazakhstan No. 239-V of September 29, 2014)

On the bodies of justice

Non-official translation

The Law of the Republic of Kazakhstan dated 18 March, 2002 No. 304

Unofficial translation

Through the whole text, the word “military service” is substituted respectively by

the word “military service” in accordance with the Law of the Republic of Kazakhstan

dated 22 May, 2007 No. 255 (shall be enforced 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 the rights and freedoms of man and citizen sovereignty of the Republic of

Kazakhstan, sustainable and progressive development of the Kazakhstan society and the

state, through participation in the development and implementation of the national

development strategy of conducting legislative work, analysis, improvement,

systematization of legislation, due diligence draft regulations;

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) carrying out of state registration of legal entities, the rights to real

property, liens of certain types of movable property, regulatory legal acts of central

government bodies and agencies, local representative and executive bodies, and akims,

providing public accounting regulations of the Republic of Kazakhstan;

3-1) formation and implementation of state policy in the sphere of state

registration, the organization of legal aid and the provision of legal services, legal

advocacy;

4) organization of legal aid and the provision of legal services and the provision

of legal advocacy;

5) organization and implementation of forensic activity;

6)-6-2) are excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 No.

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)

Note RCLI!

Subparagraph 9) is provided to be in wording of the Law of the Republic of

Kazakhstan dated 03. 07.2014 No. 227-V (shall be enforced from 01.01.2015).

9) carrying out of inquiry in cases of crimes falling within the competence of

judicial authorities, and proceedings on administrative violations in accordance with

the Law;

9-1)is excluded by the Law of the Republic of Kazakhstan dated 29.12.2012 No. 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 No. 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 No. 25; dated 26.03.2007 no. 240 (order of enforcement see Article 2); dated

28.12.2010 No. 368-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 29.12.2010 No. 372-IV (shall be enforced upon expiry

of ten calendar days after its first official publication); dated 25.03.2011 No. 421-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar

days after its first official publication); dated 05.07.2014 No. 236-V (shall be

enforced upon expiry of ten calendar days after its first official publication); dated

29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after 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 No. 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 No. 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 No. 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 and dismissed by

the President of the Republic.

3. The Ministry of Justice of the Republic of Kazakhstan develops and approves the

form of mandatory departmental reports, checklists, risk assessment criteria, semi-

annual audit plans in accordance with the Law of the Republic of Kazakhstan "On State

Control and Supervision in the Republic of Kazakhstan":

1) in the scope of use of copyright and related rights, industrial property,

selection achievements, integrated circuits;

2) in the scope of subsequent publication of official texts of regulatory legal

acts.

4. Ministry of Justice of the Republic of Kazakhstan improves the system of

reporting and evaluation of the priority issues of crime prevention, the protection of

constitutional rights and freedoms of citizens, the interests of society and the state,

the confidence of the population, with the definition of the external evaluation

mechanisms, given by the representative bodies and the public, with the introduction of

the rating level corruption and establish various forms of cooperation with civil

society.

Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated

29.04.2009 No. 154-IV (order of enforcement see Article 2); dated 17.07.2009 No. 188-IV

(order of enforcement see Article 2); dated 19.03.2010 No. 258-IV; dated 06.01.2011 No.

378-IV (shall be enforced upon expiry of ten calendar days after its first official

publication); dated 06.01.2011 no. 376-IV (shall be enforced upon expiry of ten calendar

days after its first official publication); dated 10.07.2012 no. 36-V 9 shall be

enforced upon expiry of ten calendar days after 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 No. 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 No. 383-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 18.01.2012 No. 547-IV (shall be enforced upon expiry

of ten calendar days after its first official publication); dated 29.2014 No. 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 are oblast, city of republican significance and

the capital, 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 No. 25.

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 No. 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 No. 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 No. 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

18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar days after 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 No. 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 No. 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 No. 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 no. 383-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 29.09.2014 No. 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;

2) legal review of draft regulations;

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) The official explanation of the legal acts of the Government on behalf of the

Government and the Prime Minister of the Republic and on his own initiative;

5) provision of legal information, provision of reference bank regulations,

conduct of a single computer system in Kazakhstan 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 no. 236-V (shall be enforced upon expiry of ten calendar days after 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;

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.

Note RCLI!

Article 17 is provided to be amended by the Law of the Republic of Kazakhstan

dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after date 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) the organization of forensic activities and licensing forensic activities in

accordance with 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 No. 239-V (shall be enforced upon expiry of six months after date of 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) the state registration of regulatory legal acts of central state bodies,

departments, maslikhats, akimats and akims, maintenance of the state register of

regulatory legal acts of the Republic of Kazakhstan;

2) the state registration of legal entities, registration of branches and

representative offices, with the exception of members of the Regional Financial Center

of Almaty, as well as maintaining a national register of business identification

numbers;

3) the state registration of acts of civil status;

4) the publication to the public list of registered normative legal acts of state

bodies;

5) the state registration of rights to immovable property, conducting legal

cadaster, registration of mortgage of movable property, the state technical inspection

and maintenance of real estate mortgage of movable property registry.

Footnote. Article 18 as amended by the Laws of the Republic of Kazakhstan dated

29.12.2004 No. 25; date 05.06.2006 No. 146 (order of enforcement see Article 2); dated

26.07.2007 No. 311 (shall be enforced upon expiry of ten calendar days after its first

official publication); dated 29.12.2010 No. 372 -IV (shall be enforced upon expiry of

ten calendar days after its first official publication); dated 25.03.2011 No. 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 No. 236 -V (shall be

enforced upon expiry of ten calendar days after its first official publication); dated

29.09.2014 No. 239 -V (shall be enforced upon expiry of ten calendar days after its

first official publication).

No. RCLI!

Article 9 is provided to be amended by the Law of the Republic of Kazakhstan dated

06.05.2014 No. 203-V (shall be enforced upon expiry of six months after date of its

first official publication)

Article 19. Functions of the Bodies of justice in the organization of legal

assistance and the rendering of legal services, advocacy

1. In the scope of legal aid and the provision of legal services to the Bodies of

Justice shall have the following functions:

1) selection, certification and placement of personnel of public notaries, the

issuance, suspension and termination (except for deprivation ) licenses lawyers and

notaries in the order established by the legislation of the Republic of Kazakhstan on

licensing;

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) the licensing of certain activities in accordance with the legislation of the

Republic of Kazakhstan on licensing;

4) regulatory and methodological support, control of civil registration and

maintenance of relevant databases;

5) coordination and methodological guidance to the legal services of central

executive bodies, the interaction with the legal services akims of oblasts, cities

Astana and Almaty;

6) control the quality of legal services provided to individuals and legal

entities lawyers, notaries;

7)is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 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 of reference on contract basis of legislative acts and other

regulations, information and guidance materials, including with the use of an automated

system of legal information;

3)is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V

(shall be enforced upon expiry of ten calendar days after its first official

publication).

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 No. 222

(shall be enforced upon expiry of six months from date of its first official

publication); dated 29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar

days after its first official publication); dated 29.09.2014 No. 239-V (shall be

enforced upon expiry of ten calendar days after 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 No. 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) coordination of the interaction of the authorized bodies and organizations

concerned with the protection and enforcement of intellectual property;

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) The registration of copyright in the official registers;

8) ensuring the registration of applications for security documents on industrial

property, selection achievements, integrated circuits;

9) the organization of the examination of applications for security documents, the

State register of industrial property, selection achievements, topographies of

integrated circuits, the issue of security documents and the implementation of measures

to maintain them in force;

10) monitor the activities of public organizations engaged in the examination of a

patent case;

11) ensuring the registration of license agreements for the use of industrial

property, selection achievements, topographies of integrated circuits, open licenses and

concession contracts of 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 No. 239-V (shall be enforced upon expiry of ten calendar days after its first

official publication).

Article 21-1. Functions of the Bodies of Justice in the field of execution of

executive documents In the scope of ??enforcement of court orders judicial authorities shall have 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. Article 21-1 is in wording of the Law of the Republic of Kazakhstan

dated 29.09.2014 no. 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 No. 25

Article 22-1. State control over the use of copyright and related rights,

industrial property, breeding, integrated circuits

1. State control over the use of copyright and related rights, industrial

property, selection achievements, integrated circuits implemented in the form of checks

and other forms.

2. Testing is performed in accordance with the Law of the Republic of Kazakhstan

"On State Control and Supervision in the Republic of Kazakhstan." Other forms of state

control are carried out in accordance with this Law.

Footnote. Article 22-1 is in wording of the Law of the Republic of Kazakhstan

dated 17.07.2009 No. 188-IV (order of enforcement see Article 2); as amended by the Law

of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry

of ten calendar days after 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 application of the legislation

of the Republic of Kazakhstan in the sphere of their activities and make proposals for

improvement, elimination of the causes and conditions conducive 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 no. 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 No. 547-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication);

7) provision of scientific-methodical and legal assistance to state bodies within

their competence;

7-1)is excluded by the Law of the Republic of Kazakhstan dated 21.07.2011 No. 468-

IV (shall be enforced upon expiry of ten calendar days after its first official

publication);

8) carry out audits of individuals and entities subject to the observance of the

legislation of the Republic of Kazakhstan in the field of intellectual property;

9) carrying out the activities of persons engaged in the subsequent publication of

the texts of regulations, for compliance with the legislation of the Republic of

Kazakhstan in the subsequent official publication of the texts of laws and regulations;

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;

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 No. 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 No. 13 (shall be enforced from 01.01.2005); as amended by the Laws of the

Republic of Kazakhstan dated 31.01.2006 No. 125; dated 05.07.2006 No. 165 (order of

enforcement see Article 2); dated No. 240 (order of enforcement see Article 2); dated

20.01.2010 No. 239-IV; dated 21.07.2011 no. 468-IV (shall be enforced upon expiry of ten

calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall

be enforced from 13.10.2011); dated 18.01.2012 No. 547-IV (shall be enforced upon expiry

of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar

days after 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) to the central Government and the local administrations in maslikhats and

verification regulations, subject to state registration in the order determined by the

Government of the Republic of Kazakhstan;

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 – No. 25 dated 29 December, 2004)

11)(excluded – No. 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 – No. 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 no. 25; dated 11.01.2007 No. 218 (shall be enforced from the date of its

official publication); dated 15.07.2010 No. 337-IV (order of enforcement see Article 2);

dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No.

36-V (shall be enforced upon expiry of ten calendar days after 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 No. 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

1. State control in the subsequent publication of official texts of normative

legal acts carried out in the form of checks and other forms.

2. Testing is performed in accordance with the Law of the Republic of Kazakhstan

"On State Control and Supervision in the Republic of Kazakhstan." Other forms of state

control are carried out in accordance with this Law.

Footnote. Article 24-2 is in wording of the Law of the Republic of Kazakhstan

dated 17.07.2009 No. 188-IV (order of enforcement see Article 2); as amended by the Law

of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV ((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 No. 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 No. 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 No. 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 No. 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 No. 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 No. 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. Compensation of employees of judicial authorities in accordance with the

unified wage system, approved by 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.

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 No. 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 No. 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 No. 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 No. 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 no. 25; as amended by the Laws of the Republic

of Kazakhstan dated 26.03.2007 no. 240 (order of enforcement see Article 2(; dated

24.06.2008 no. 46-IV (shall be enforced from 1 January, 2008); dated 29.12.2010 No. 372-

IV (shall be enforced upon expiry of ten calendar days after its first official

publication); dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

The President

of the Republic of Kazakhstan

© 2012. Republican Center of Legal Information of the Ministry of Justice RSE on the basis of

economic control rights