As part of the implementation of the Law of the Republic of Kazakhstan «On Public Councils», the Ministry of Justice of the Republic of Kazakhstan has a Public Council (hereinafter: the Public Council), which includes representatives of various spheres.
In accordance with the Work Plan of the Public Council for 2022, since the beginning of the year, the Ministries have conducted 6 meetings of the Public Council, at which the following issues were considered:
1) discussion of the results of the work of the National Institute of Intellectual Property for 2021 (January 28, 2022, via zoom). As a result, it was recommended to analyze the current legislative acts for the application of a zero rate of state duty to the activities of persons with disabilities, including disabled people, parents and other legal representatives raising a disabled child, orphans in the implementation of activities in the field of intellectual property and submit the results of the analysis to the Public Council by the end of this year;
2) discussion of the results of the work of the Legal Information Service of the Institute of Legislation and Legal Information of the Republic of Kazakhstan for 2021 (February 23, 2022, via zoom). As a result, it was decided to appeal to the necessary state and other structures in the prescribed manner to resolve the issue of the possibility of providing free dialing for citizens to number 119 from mobile phones; to consider the issue of possible additional funding in order to modernize the relevant equipment and fulfill the tasks facing it; Recommend that the Institute of Legislation and Legal Information systematically conduct training and advanced training of employees of the Legal Information Service in order to provide high-quality information services to the population of the country;
2.1) organizational issues of the activities of the Public Council were discussed (February 23, 2022, via zoom). According to the results, the chairman (S.G.Temirbulatov) and members of the Presidium of the Public Council (R.K. Sarpekov, S.G. Temirbulatov, A.K. Bekmaganbetova) were elected, and the Regulations on the Public Council were approved.
3) the results of the work of the Forensic Examination Center for 2021 were discussed (March 30, 2022, via zoom). As a result, it was recommended to organize a round table together with the Center for Forensic Examination, the Republican Bar Association and the Republican Chamber of Forensic Experts to discuss problematic issues related to the conduct and appointment of forensic examination; to consider together with the Republican Chamber of Forensic Experts the possibility of introducing the institute of reviewing the conclusions of forensic experts to identify the reasons that contributed to the increase in the number of complaints about the actions (inaction) of forensic experts, and to develop recommendations for their prevention; to consider the validity of the protocol decision to suspend the pilot project implemented on the basis of a joint Order of the State Duma of the Republic of Kazakhstan, the Ministry of Internal Affairs of the Republic of Kazakhstan and the Ministry of Justice of the Republic of Kazakhstan «On the phased transition of certain types of forensic examinations into a competitive environment by outsourcing» (April 2020), and the timing of making a final decision on it; to take measures to staff vacant judicial posts experts of the Center are highly qualified specialists who meet the established requirements;
3.1) the ongoing work on improving legislation in the field of intellectual property rights was discussed (March 30, 2022, via zoom). As a result, it is recommended to consider the possibility of supplementing the Law of the Republic of Kazakhstan «On Copyright and Related Rights» in terms of securing the right to assign the author's property rights by formalizing an agreement in electronic format; to consider the legislative possibility of non-involvement of small and medium-sized businesses as defendants in court cases if they conclude an agreement with an accredited company;
4) the results of the work on the execution of judicial acts were discussed (May 4, 2022, online zoom). Based on the results, it is recommended to consider the possibility of working out issues related to the transfer of the competence of bankrupt and rehabilitation managers to the powers of lawyers; to consider the possibility of transferring the rights to administer all issues related to the rehabilitation and bankruptcy of companies to the competence of the Ministry of Justice.;
5) the analysis of the results of consideration by the Ministry of Justice and its territorial bodies of citizens' appeals, including socially vulnerable segments of the population, for 2021 (May 4, 2022, via zoom) was discussed. According to the results, they noted the untimely submission of an analysis to the DRS and OLS of the Ministry for the consideration of citizens' appeals, including socially vulnerable segments of the population; a formal approach to the study of this issue without specifying comparative data and specific problems available in this area and ways to resolve them, which is confirmed by only general statistical data voiced by the representative of the department; it is recommended to fully monitor the quality of legal assistance provided to individuals and legal entities by lawyers, notaries, private bailiffs, legal consultants. prepared materials on the analysis of the quality of such assistance for consideration by the Public Council.
6) the issue of implementing the competence provided for in Article 23 of the Law of the Republic of Kazakhstan «On Advocacy and Legal Assistance» on regulating the activities of legal consultants was considered: monitoring results, comparative analysis of the quality of services provided, review of problematic issues, recommendations for improving the work of legal consultants, including improving legislation (June 30, 2022, online-zoom). The recommendations are being finalized.
In addition, 10 projects were considered, in particular: draft resolutions of the Government of the Republic of Kazakhstan-3, draft orders of the Minister of Justice of the Republic of Kazakhstan-7 (including joint orders), which were agreed or comments were given.
At the same time, members of the Public Council actively participate in seminars and trainings to improve the activities of the Public Council.
The work on the effective interaction of the Ministry with the Public Council will continue in accordance with the requirements of the current legislation.