Report of the Minister of Justice to the Public Council

Report of the Minister of Justice to the Public Council

Public councils in Kazakhstan were established in 2016 as a new form of dialogue between the state and civil society.

The chairman of the Public Council is Temirbulatov Serik Gabdullaevich, a former prosecutor, a former member of the Constitutional Council of the Republic of Kazakhstan, a deputy of the Senate of the Parliament of the Republic of Kazakhstan. The Public Council consists of 19 people. Acting Associate Professor of the Department of International Law of the L. N. Gumilyov ENU Karabaev Fazylzhan Zhumashuly was elected as a representative of the Union of Lawyers of Kazakhstan to the Public Council of the Ministry of Justice in March 2016 on the recommendation of the Faculty of Law of the University.

In accordance with the Work Plan of the Public Council of the Ministry of Justice for 2020, 5 meetings of the Public Council were held, at which they were considered and discussed:

- Draft Constitutional Law "On Amendments to the Constitutional Law of the Republic of Kazakhstan" On Elections in the Republic of Kazakhstan»;

- Draft Law "On Amendments and additions to the Law of the Republic of Kazakhstan" On Political Parties»;

- draft recommendations for citizens on the preparation of their appeals to the justice authorities;

- questions of the state of implementation of the Law "On Advocacy and Legal Assistance", in terms of state-guaranteed legal assistance and other issues.

Based on the results of the issues considered, the members of the Public Council approved 62 draft regulatory legal acts, including 61 draft orders of the Minister and 1 draft Government resolution.

On June 3, this year, an online conference was held, where the report of the Minister of Justice Beketayev Marat Bakytzhanovich on the results of the activities of the Ministry of Justice for 2020 was heard before the Public Council.

The main activity of the Ministry was the implementation of the Government's draft law plan for 2020, which provides for the development and submission of 22 draft laws to the Parliament, which is 32% less than in 2019. Of these, 8 were signed by the Head of State, and 14 bills are under consideration by the Parliament. The Government has initiated 18 unscheduled bills. The deputies of the Parliament initiated 46 draft laws of which:

17-pending before the Parliament;

6-not accepted into the work of the Mazhilis;

6-in the work of state bodies, AP;

17-signed by the Head of State.

The Ministry has developed 4 draft laws, 8 Government opinions on draft laws initiated by the deputies of the Majilis of the Parliament. 3 draft resolutions of the Government and 2 draft orders of the Prime Minister have been developed.

To improve the legislative process, 32 meetings of the interdepartmental commission were held, which considered 41 draft laws and 49 draft laws initiated by members of Parliament, 7 draft Government resolutions, and 5 issues related to legislative work.

On the legal support of international treaties received:

- for legal expertise of 157 (2019 - 208) draft NPA and 363 (2019 - 420) draft international treaties;

- 471 (2019 - 825) applications for legal assistance under international treaties in civil cases;

- 34 appeals (2019 - 34) on legal issues.

9 draft Protocols have been developed, providing for amendments to the competent authorities of the Kazakh side (Azerbaijan, Georgia, China, North Korea, Kyrgyzstan, Lithuania, Mongolia, Pakistan, Turkey), 4 draft notes in the form of notifications (India, UAE, Uzbekistan and Turkmenistan) and sent through diplomatic channels to counterparties.

The Head of State signed the Law "On Ratification of the Agreement between the Republic of Kazakhstan and the Islamic Republic of Iran on mutual Legal Assistance in Civil Matters" (June 30, 2020).

The justice authorities provided 55,005 public services in the field of apostille (2019 - 68,864), which is 20% less than in 2019.Local executive bodies registered 778,001 acts(2019 - 799,207), which is 2.6% less than in 2019:

- birth certificates -442,730 (2019 - 413,464);

- about death-163,785(2019 - 134,332);

- about marriage - 129 014(2019-139,735);

- on the dissolution of marriage-22,554(2019 -59,899).

You can see an increase in the birth rate, at the same time an increase in mortality. Fewer marriages were concluded and the number of dissolved marriages significantly decreased.

The total number of notaries is 4,208, which is an increase of 41 notaries compared to 2019. A notary was brought to disciplinary responsibility, which is more than 51 notaries in comparison with 2019, 35 were brought to administrative responsibility (2019 - 17).

The total number of lawyers is 5,480, which is an increase of 106 lawyers compared to 2019. 31 (2019 - 90) lawyers were brought to disciplinary responsibility. The Departments of Justice concluded agreements on the provision of free legal assistance with 3,428 (2019 - 3,565) lawyers, which is 137 lawyers less than in 2019. According to the financing plan for 2020, 1 billion 813 million 004 thousand tenge was allocated from the republican budget for the provision of free legal assistance. The number of citizens who received free legal assistance in cases stipulated by law is 125770(2019 -155,457). Within the framework of the "E-zankomegi" IP, in October 2020, together with the Prosecutor General's Office and the Ministry of Internal Affairs, a pilot project on automating the appointment of a lawyer was launched in Nur-Sultan, Zhambyl and Mangistau regions(213 lawyers participate).

Bailiffs had 5,221,778 (GSI - 41,281, CHSI - 5 180,497)enforcement documents in the amount of 7 trillion 099.8 billion tenge (GSI - 659.6 billion tenge, CHSI - 6 trillion tenge). 440.2 billion tenge). Out of the total number of received acts, 2,348,095 (GSI - 31,423, CHSI - 2,316,672)enforcement proceedings were completed in the amount of 2 trillion 543.1 billion tenge, which is 644,887 more documents (1,703,208), in total less by 44.8 billion tenge (2 trillion 587.9 billion tenge). 1,612,150 executive documents were executed in full (GSI-26,058, CHSI-1,586,092), which is more than in 2019 (1,113,015) by 499,135 documents. The recovered amount compared to 2019 (2019 - 227.2 billion tenge, 2020-288.5 billion tenge), is more by 61.3 billion tenge.

Here, in brief, is what the Minister reported in his report to the members of the Public Council. In a friendly atmosphere, the problematic issues of the Ministry were discussed together, and recommendations for further work were given. The Public Council approved the report of the Minister.