Rules of the qualification exam
Chapter 1. General provisions
1. These Rules of the qualification exam (hereinafter referred to as the Rules) are developed in accordance with subparagraph 23-2) of Article 15 of the Law of the Republic of Kazakhstan dated March 7, 2014 "On Rehabilitation and Bankruptcy" and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services" (hereinafter referred to as the Law) and determine the procedure provision of the state service "Conducting a qualification examination of persons applying for the right to carry out the activities of an administrator (temporary administrator, rehabilitation, temporary and bankrupt managers)" (hereinafter – State service) by the central state body implementing state regulation in the field of rehabilitation and bankruptcy.
2. The service Provider is the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan.
3. The service recipient is an individual who meets the following requirements:
1) higher education in law, economics and business;
2) work experience of at least three consecutive years in the legal, economic, accounting, financial, auditing or control and audit spheres;
3) lack of information about the condition registered in a narcological or psychiatric dispensary;
4) no outstanding or uncollected criminal record;
5) the absence of information about the recognition by the court as incompetent or with limited legal capacity.
4. The public service is provided through the e-government web portal www.egov.kz (hereinafter referred to as the portal).
5. In accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law, service providers ensure that data is entered into the information system for monitoring the provision of public services on the stage of provision of Public services in accordance with the procedure established by the authorized body in the field of informatization.
Chapter 2. The procedure for the provision of Public services
Paragraph 1. The process of rendering Public services
6. In order to receive a Public Service, the Service Recipient submits to the service provider through the portal an application for admission to the qualification exam, in accordance with Annex 2 to these Rules (hereinafter referred to as the application) and the following documents:
1) an electronic copy of the diploma of higher education in law, economics and business;
2) an electronic copy of a document confirming the existence of at least three consecutive years of work experience in the legal, economic, accounting, financial, auditing or control and audit spheres;
3) an electronic copy of medical certificates issued by narcological and psychiatric dispensaries at the place of residence, not earlier than one month before their submission.
The list of basic requirements for the provision of Public services, including the characteristics of the process, form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, are set out in Annex 1 to these Rules.
7. The structural subdivision of the service provider responsible for receiving documents, on the day of receipt of the application and documents, accepts and registers them.
Information about the status of acceptance of the application for the provision of public services is sent to the "personal account" of the service recipient through the portal.
When the service recipient applies after the end of working hours, on weekends and holidays, applications are accepted and the results of the provision of public services are issued on the next working day.
The information of the identity document about the presence or absence of an outstanding or undelivered criminal record, about the commission of a criminal offense, the service provider receives from the relevant state information systems through the gateway of the "electronic government".
The structural subdivision of the service provider responsible for receiving documents, on the day of registration of the application and documents submitted by the service recipient, transfers them to the management of the structural subdivision of the service provider regulating rehabilitation and bankruptcy issues for subsequent distribution to the contractor.
8. Within 2 (two) working days, the contractor shall review the documents submitted by the service recipient for compliance with paragraphs 3 and 6 of these Rules.
Based on the results of the consideration of documents, the service provider within 1 (one) working day forms a Notification of admission or non-admission to the qualification exam, in the form according to Annex 3 to these Rules, and sends it to the service recipient through the portal.
The notification of admission to the qualification exam is formed if the documents submitted by the service recipient comply with paragraph 6 of these Rules and the service recipient meets the requirements established by paragraph 3 of these Rules.
The notification of admission to the qualification exam entitles the service recipient to take part in the qualification exam, which is scheduled to be held no less than 10 (ten) working days after the service recipient submits an application for admission to the qualification exam.
A notification of non-admission to the qualification exam is formed if the documents submitted by the service recipient do not comply with paragraph 6 of these Rules and the service recipient does not meet the requirements established by paragraph 3 of these Rules.
9. The Service Provider determines the date of the qualification exam.
The qualification exam is conducted as necessary, but at least once a quarter.
The service recipient admitted to the qualification exam is notified of the date, time, place of the qualification exam no later than 10 (ten) calendar days prior to its holding via the portal.
Lists of service recipients admitted to the qualification exam, no later than 10 (ten) calendar days before the day of its holding, are posted on the Internet resource of the service provider indicating the date, time and place of the qualification exam.
Paragraph 2. Conducting the qualification exam
10. When appearing for the qualification exam, the service recipient must present a document certifying his identity for identification.
11. The organization and acceptance of the qualification exam is carried out by the Commission for the conduct of the qualification exam (hereinafter - the Commission).
The composition of the Commission is approved by the order of the head of the service provider.
The Commission is a permanent body consisting of a chairman and six members – two administrators, four representatives of the service provider.
12. The candidacies of administrators are determined by members of professional associations of persons engaged in the management of the property and affairs of an insolvent debtor (hereinafter referred to as professional associations) for a period of no more than a year, and are recommended for inclusion in the Commission.
Professional associations elect candidates who have at least 5 (five) years of experience in the field of rehabilitation and bankruptcy.
Information about the candidates recommended for inclusion in the Commission is sent annually, no later than January 15, to the service provider with the following information:
the name of the professional association that elected the candidate;
quantitative composition of the professional association;
surname, first name, patronymic (if it is indicated in the identity document) of the candidate and his work experience in the field of rehabilitation and bankruptcy.
If the service provider receives more than two candidates elected by professional associations, administrators with more experience in the field of rehabilitation and bankruptcy are included in the Commission. If the work experience is equal, a candidate elected by a professional association with a large number of members is included.
13. The qualification exam is conducted within 1 (one) day in two stages:
1) passing computer testing for knowledge of the legislation of the Republic of Kazakhstan;
2) checking the knowledge of the service recipient on examination tickets.
The list of test questions and examination tickets is approved by the decision of the Commission and updated as necessary.
14. Before passing the qualification exam, the Commission informs the service recipient about the procedure for conducting the qualification exam.
15. The content of the test questions presupposes knowledge of general legal norms, norms of legislation on rehabilitation and bankruptcy, and other related industries related to the conduct of rehabilitation and bankruptcy procedures. Questions must contain at least three possible answers.
Testing is carried out using computer technology. The number of questions during testing does not exceed fifty. The time allotted for testing is 50 (fifty) minutes.
16. The correct test answers are calculated automatically using the computer program used. The test results are printed out on a printer in 2 (two) copies, signed by the secretary of the commission and provided to the service recipient for review by affixing a personal signature.
One copy of the test results sheet is handed over to the service recipient, the second is transferred to the Commission.
17. The service recipient is considered to have passed the test if the number of correct answers is 70 percent or more of the total number of proposed questions, and is allowed to the second stage.
A service recipient who is not admitted to the second stage based on the results of testing is considered to have failed the qualification exam.
18. Examination tickets contain three theoretical questions, the knowledge of which is necessary for the implementation of the administrator's activities and one practical task.19. 30 (thirty) minutes are allotted for the preparation of answers to the questions of the examination tickets. The correctness of the oral answers of the service recipient to the questions of the examination tickets is evaluated by the members of the Commission on a five-point system.
Each member of the Commission evaluates the responses of the service recipient independently of the others.
Following the results of the second stage, the Secretary of the Commission calculates the results presented by the members of the Commission and outputs the overall average score.
The assessments of the members of the Commission, as well as the overall average score scored by the service recipient on the issues of the examination ticket, are reflected in the minutes of the Commission.
20. The service recipient is considered to have passed the qualification exam if the overall average score was at least four points.
21. When passing the qualification exam, service recipients are not allowed to talk with other persons, exchange materials, use information on paper and electronic media, or leave the premises. Receiving and transmitting electronic devices (including pocket personal computers and other electronic equipment) of the tested persons are switched off for the duration of testing.
In case of violation of these requirements, the service recipient is removed from the qualification exam based on the decision of the Commission.
The service recipient who has been suspended from the qualification exam re-submits the application after 6 (six) months from the date of the decision.
22. Based on the results of testing and (or) answers to examination questions, the Commission makes a reasoned decision on passing the qualification exam for the right to carry out the activities of an administrator (temporary administrator, rehabilitation, temporary and bankruptcy managers), in accordance with Annex 4 to these Rules.
The Commission's decision is sent to the service recipient through the portal no later than 2 (two) working days from the date of the qualification exam.
The decision of the Commission on passing the qualification exam for the right to carry out the activities of the administrator (temporary administrator, rehabilitation, temporary and bankrupt managers) is valid for one year from the date of the qualification exam and is the basis for submitting a notification to the register of notifications of persons entitled to carry out the activities of the administrator, according to the Rules for receiving notifications by state bodies, approved by the Order of the Minister of National Economy of the Republic of Kazakhstan dated January 6, 2015 No. 4 (registered in the Register of Regulatory Legal Acts of the Republic of Kazakhstan No. 10194).
23. A person who has not passed the qualification exam takes it again no earlier than 3 (three) months from the date of the qualification exam, according to the results of which the person recognized as not having passed the qualification exam.
24. The course of the qualification exam is drawn up in the form of a protocol, and is also recorded using technical means of recording.
The protocol reflects: the date, time and place of the qualification exam, the surname, first name, patronymic (if it is indicated in the identity document) of the service recipient, the test result, the number of the examination ticket, the points issued by the members of the Commission, and the overall average score on the examination ticket, as well as the decision of the Commission, the protocol is signed by all members of the Commission.
Chapter 3. Procedure for appealing decisions, actions (inaction) of the service provider and (or) its officials on the provision of public services
25. In cases of disagreement with the results of the provision of Public Services by the service recipient, a complaint is filed against the decision, action (inaction) of the service provider on the provision of Public Services in accordance with the provisions of the Law:
in the name of the head of the service provider;
to the authorized body for the assessment and control of the quality of public services.
26. Confirmation of acceptance of the complaint is its registration (the stamp, the incoming number and the date of registration are affixed to the second copy of the complaint or the cover letter to the complaint) in the office of the service provider.
27. The complaint of the service recipient received by the service provider in accordance with subparagraph 2) of Article 25 of the Law is subject to consideration within 5 (five) working days from the date of its registration.
The complaint of the service recipient received by the authorized body for the assessment and control of the quality of public services is subject to consideration within 15 (fifteen) working days from the date of its registration.
28. In cases of disagreement with the results of the provision of Public Services, the service recipient has the right to apply to the court in accordance with the provisions of subparagraph 6) of paragraph 1 of Article 4 of the Law in accordance with the procedure established by the Civil Procedure Code of the Republic of Kazakhstan dated October 31, 2015.