Friday, 19 June 2020, 22:49:45
Minister of Justice Marat Beketayev spoke about the results of work for 2019 at a reporting public meeting.
In order to implement the President’s Address, the staff of the justice system has been optimized by 30% (689 full-time units). 265 departments of territorial bodies of justice have been optimized, 217 departments of justice have been merged into 59 inter-district. More than 30 thousand m² of space and 109 units of vehicles have been released.
It should be noted that budget savings amounted to about 2 billion tenge. In this regard, from Feb. 1, 2020, a pilot remuneration project on a factor-scale scale was introduced in all territorial divisions of the ministry. As a result, the wages of mid-level employees grew by 63%.
Legal support of the state
Of the number of draft laws developed by the ministry, the Law “On Amendments and Additions to the Code of Administrative Offenses” was adopted.
The law provides:
- humanization of certain sanctions of administrative offenses;
- transferring to the jurisdiction of state bodies the consideration of certain cases of administrative offenses, the sanctions of which provide for the deprivation of permission, suspension or prohibition of activities;
- establishing the responsibility of officials for inefficient planning and use of budget funds;
- systematization of the procedure for amending the Code of Administrative Offenses in order to ensure the stability of its provisions.
In addition, the Senate of the Parliament adopted a draft administrative procedural code.
The project provides:
- consolidation in a single legislative act of the legal framework for the implementation of administrative procedures and legal proceedings for the resolution of public law disputes between government bodies and individuals and legal entities;
- ensuring transparency of the activities of state bodies and the exclusion of administrative arbitrariness;
- increasing the efficiency of administrative bodies and the level of public confidence in the state;
- establishing criteria for effective and full judicial control over decisions of administrative bodies.
In order to improve norm-setting activities, a draft law has been developed providing for the introduction of new stages of the legislative process.
In particular, the developers will prepare a regulatory policy advisory document that reflects the problems of the current regulation, the results of their discussion with the target audience and the public's proposals for further improvement of the current legislation.
In addition, it is proposed to abandon the involvement of organizations in conducting scientific expertise on the basis of public procurement and proceed to the appointment of specific experts from the appropriate registry, which will be maintained by the Institute of Legislation and Legal Information.
In the framework of improving the main branches of national legislation, it is planned to develop a Concept of Legal Policy for 2020-2030.
After the adoption of the draft Administrative Procedural Code, in order to implement its main provisions and develop a common application practice, the Concept for the implementation of this code will be adopted.
A Roadmap for the implementation of the further development of the Institute of Administrative Justice is also being developed, aimed at developing the main provisions of the Administrative Procedure Code.
In addition, measures have been taken to integrate the base of the Internet portal of government agencies with the Main Reference Pool of Normative Acts. This made it possible to reduce the time for sending a registered legal act for official publication from 10 to 1 business day.
Developing main branches of law
Last year, measures were taken to strengthen and increase the competitiveness of the scientific organization responsible for developing fundamental approaches to the development of the main branches of law.
For this, in June 2019, the Republican Legal Information Center was reorganized by joining the Law Institute.
It is worth noting that the new legal form will allow the Institute to provide services to any entities and attract qualified and sought-after experts and scientists.
Automating enforcement of judicial acts
The ministry is taking measures aimed at improving the enforcement of judicial acts.
For this, further development of the automated information system of enforcement proceedings was carried out. So:
- 14 second-tier banks have been integrated with databases. Now online bailiffs can quickly impose and remove burdens at financial institutions;
- interaction with the E-notary information system was launched, which made it possible to receive executive notaries in electronic format;
- SMS - notification service was launched into commercial operation. Now, if there is a registration of numbers, SMS will be sent to the phones of the debtors with information about the initiation of proceedings and the procedural actions taken thereon.
As part of the measures taken to further improve this system, it is planned to develop a mobile application of Automated Information System of Enforcement Proceedings, which will allow:
- perform executive actions outside the office;
- learn about the procedural documents of the parties;
- promptly respond to changes in the status of imposed measures, obtaining sanctions.
In addition, the functionality is expanded upon the presentation of the writ of execution by the recoverer through the cabinet of the parties to the enforcement proceedings.
A Social Fund has been created on the basis of the republican chamber of private bailiffs.
It is worth noting that this fund will provide assistance to citizens who are parties to enforcement proceedings and are in difficult social, financial situations.
In addition, the Fund’s budget is formed by membership fees of private bailiffs and voluntary donations. Control over the activities of the Fund is carried out by the Board of Trustees of the Chamber.
Rating of private bailiffs
Currently, the Rating of Private Bailiffs has been introduced. Now recoverers online have the opportunity to familiarize themselves with the rating and choose a bailiff.
In addition, the rating is compiled automatically, on the basis of statistical data on the execution of documents, executive discipline, the length of service, as well as the assessment of exactors.
Amendments to the Law “On Enforcement Proceedings and Status of Bailiffs”
The Senate of the Parliament adopted amendments to the Law "On Enforcement Proceedings and the Status of Bailiffs" aimed at solving the following problems.
First. Improvement of enforcement proceedings, organization of the activities of private bailiffs and chambers to ensure priority in the execution of socially significant categories of cases.
Second. Increasing the responsibility of private enforcement agents, strengthening the control of the authorized body and supervision by the prosecutor's office.
Third. Regulation of the procedure for lifting restrictive measures, including the return of executive documents at the request of the recoverer, as well as the elimination of gaps and conflicts.
In 2019, more than 150 thousand citizens received free legal assistance in the framework of state-guaranteed legal assistance.
It is worth noting that this assistance is provided by lawyers at the expense of budget funds.
In order to ensure transparency and efficiency of spending money, as well as the procedure for appointing lawyers, work is currently underway to automate state guaranteed legal assistance.
To this end, the E-Zak Komegi information system has been introduced, where the appointment of lawyers will be carried out by automatic selection, and will also allow citizens to receive online advice through this system.
Starting Jan. 1, 2019, citizens who are in a difficult social and financial situation are provided with free comprehensive social legal assistance.
Also, such assistance is provided by lawyers and legal consultants on a gratuitous basis from the moment the client contacts him until his question is completely resolved. It is worth noting that this service is quite in demand among the population. To date, assistance has been provided to more than 2,000 citizens.
Since Jan. 1, 2020, lawyers and legal consultants have been obliged to insure their professional activities. Now a citizen, in case of harm to him as a result of the provision of low-quality legal assistance by an attorney or legal consultant, including their inaction or incorrect paperwork, skipping procedural deadlines, has the right to claim insurance compensation.
In addition, when concluding a contract for the provision of legal assistance, citizens have the right to require a lawyer and legal adviser to provide a copy of the contract for professional liability insurance.
Civil acts registration
In the field of public services, measures have been taken to significantly simplify the registration procedure, reduce the time and list of documents, as well as transfer a number of public services to electronic format.
Also, for the convenience of citizens, the extraterritorial principle of all types of registration of acts of civil status has been introduced. Now, if it is necessary to obtain any certificate, regardless of the region in which the person was born, is registered or lives, he can receive a document from any registration authority at will.
It excludes the need for citizens to provide documents that the registration body can receive from the information systems of state bodies, such as a court decision, medical certificate, information about registered acts of record in the Republic of Kazakhstan.
In addition, in connection with the automation of public services, certain types of registration of acts of civil status have been excluded. Also, instead of two certificates: the certificate of adoption or the establishment of paternity and birth, the registration authority issues only one child’s birth certificate, which contains the child’s personal data and information about his parents.
Registration of legal entities
The registration of commercial organizations related to small and medium-sized businesses for several years is carried out in electronic format, the registration period is 1 hour. Also, from this year, registration of large business entities has been translated into electronic format. An average of 1,200 legal entities used this service annually.
In addition, for the convenience of legal entities, the electronic government portal introduced a notification procedure for entering information into the National Register of Business Identification Numbers when changing the location of a legal entity; executive body; type of activity and increase in the authorized capital of an economic partnership. This excludes the filing of notifications on paper, accordingly, it will save time and costs of business entities.
It is worth noting that according to statistics annually about 4.5 thousand notifications are received by the registration authority.
Real estate registration
Amendments to the legislation have been adopted, providing for the automation of public services in the field of registration of rights to real estate.
Also earlier, when changing the name of settlements, streets, initials of property owners, state registration was carried out within three working days, payment was about 500 tenge. Annually, over 35 thousand such applications were received by the registration authorities in the republic.
Now, property owners do not need to contact the registration authority and bear the costs of registering these changes, since updated information automatically arrives in the information system of the legal cadastre from the relevant information systems of state bodies.
In order to reduce financial and time costs from the owners of real estate, the registration of collateral has been transferred to electronic format through information interaction with second-tier banks.
As part of this interaction, the property owner will not need to contact PSCs for the submission of documents, since information about the collateral by banks will be independently sent to the registration authority in electronic format for registration.
In addition, registration will be carried out within one business day.
Currently, in the cities of Nur-Sultan and Shymkent, a pilot project on the implementation of electronic registration of collateral has been launched.
In the field of expert activity, the priority for the ministry is to provide forensic authorities with office premises that meet high standards and requirements.
So, in the period 2020-2022, it is planned to build buildings in the cities of republican significance Nur-Sultan, Shymkent and Turkistan, Aktobe regions.
Along with this, the building of a forensic examination was built by the local executive body of the Atyrau region. Akimats of the West Kazakhstan and Kostanay regions allocated appropriate buildings for the placement of forensic authorities.
In addition, one of the steps aimed at further developing the competitive environment in the field of forensic activity is the transfer of certain types of forensic expertise to the private environment.
Since November 2018, together with the Supreme Court, a pilot project has been carried out at the Forensic Science Institutes of the cities of Nur-Sultan and Almaty on the appointment by courts of primary judicial construction, merchandising and economic expertise to private forensic experts.
In addition, as part of a joint order, together with the General Prosecutor's Office and the Ministry of Internal Affairs, a pilot project was launched in Almaty and the Pavlodar region earlier this year to transfer certain types of expertise to the competitive environment through outsourcing.
The ministry has developed the E-saraptama information system. The work on its integration with the information systems Turelik, E-criminal case and E-licensing was carried out. Launching into commercial operation is planned for the current year.
In addition, the center received a certificate of accreditation as a subject of scientific and scientific-technical activity. This will allow him to independently participate in various scientific developments.
It is worth noting that during the reporting period, 20 new and 13 forensic research methods were developed and adopted, and 26 methodological recommendations were adopted.
Intellectual Property Rights Center (IPR Center)
An important aspect of the intellectual property protection system is the image policy and the status of the patent office in the country.
In addition, special attention is paid to interaction with centers for the development of innovative projects and increasing the technological potential of the country. The front offices of the National Institute of Intellectual Property in the Astana Hub and the International Center for Green Technologies were also opened to advise on the legal protection of intellectual property.
At the same time, on the basis of the patent office in pilot mode, a specialized unit of IPR Center was created. It is planned that the center will increase coordination of state bodies in matters of intellectual property protection.
In order to ensure the rights of authors and copyright holders of the Member States of the Eurasian Economic Union on the territory of the EAEU, the Agreement on the Procedure for Managing Copyright and Related Rights on a Collective Basis has been ratified.
In addition, the Protocol on Industrial Designs to the Eurasian Patent Convention was signed. This will create a regional protection system and, on the basis of a single application, obtain a patent valid in all states party to the convention.
It is worth noting that 100% automation of public services in the field of intellectual property provided by the patent office has been achieved. During the reporting period, about 12 thousand security documents for industrial property were issued.
Foreign Courts and Arbitration
For the period 2003-2019, the amount of claims against Kazakhstan is $24 billion. The interests of the state in the amount of $19.7 billion are also protected.
In addition, during the period 2003-2019, 26 disputes were completed. Of these, 16 disputes in favor of the Republic of Kazakhstan, 3 disputes against the Republic of Kazakhstan and 7 disputes were resolved peacefully.
Doing Business Rating
In the Doing Business ranking, Kazakhstan entered the top 30 leading countries of the world and ranked 25th among 190 countries.
The achievement of such a result became possible in view of the measures taken to optimize the time spent on the execution of judicial acts; optimization of the procedure for registration and automation of public services in the field of registration of legal entities and rights to real estate.