The Department of Justice of the city of Shymkent announces the start of accepting documents of applicants to engage in the activities of a private bailiff from 12.10.2021.
Persons who have completed an internship with a private bailiff in accordance with the procedure established by the Rules approved by Order No. 561 of the Minister of Justice of the Republic of Kazakhstan dated November 25, 2019, and the qualification requirements for a private bailiff are allowed to pass certification. These qualification requirements are provided for in Article 140 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs" (hereinafter - the Law):
1. A private bailiff is a citizen of the Republic of Kazakhstan who has a higher legal education, has received a license of a private bailiff and has joined the Republican Chamber.
2. A person may not be a private bailiff:
1) recognized as legally incompetent or with limited legal capacity in accordance with the procedure established by law;
2) having a criminal record that has not been extinguished or has not been removed in accordance with the procedure established by law;
3) released from criminal liability on the basis of paragraphs 3), 4), 9), 10) and 12) part one of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan, within three years after the occurrence of such events;
4) dismissed for negative reasons from the state, military service, from the prosecutor's office, other law enforcement agencies, special state bodies of the Republic of Kazakhstan, within one year from the date of dismissal;
5) dismissed from the position of a judge on the grounds provided for in subparagraphs 11) and 11-1) of paragraph 1 of Article 34 of the Constitutional Law of the Republic of Kazakhstan "On the judicial system and the status of Judges of the Republic of Kazakhstan", within one year from the date of release;
6) for which, within three years prior to the empowerment of a private bailiff, an administrative penalty was imposed in court for the commission of a corruption offense;
7) registered in organizations providing medical care in the field of mental health, for mental, behavioral disorders (diseases), including those related to the use of psychoactive substances;
8) deprived of the license of a private bailiff on the grounds provided for in paragraph 2 of Article 144 of this Law, within three years from the date of entry into force of the court decision.
It should be noted that according to paragraph 13 of the Rules of internship with a private bailiff approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated November 26, 2019 No. 561, the conclusion of the internship is valid for six months after its approval.
The list of documents required for the provision of the state service "Certification of persons who have completed an internship and are applying for the right to engage in the activities of a private bailiff" when the applicant (or his representative) applies:
1) application for admission to certification to engage in the activities of a private bailiff in the form of an electronic document in accordance with Annex 2 to this standard of public service;
2) The service provider receives information about the identity document of the service recipient, about the condition / non-condition at the dispensary with a narcologist and a psychiatrist from the relevant information systems through the gateway of the "electronic government".
Documents are accepted until November 16, 2021.
Acceptance of the application and issuance of the result of the provision of public services is carried out through the web portal of "Electronic Government": www.egov.kz .
Questions arising regarding the procedure for accepting documents and conducting certification are accepted by the Department of Justice of the city of Shymkent at the address: Shymkent, zHeltoksan str. 16, as well as by phone: 8 (7252) 35-41-52.