THE ORDER OF THE CHAIRMAN OF COMMITTEE ON JUDICIAL ADMINISTRATION UNDER THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of February 28, 2003 No. 46-p

About approval of the Instruction on clerical work in the district and equated to it court of the Republic of Kazakhstan

For the purpose of establishment of single rules of the organization and record keeping in office of the district and equated to it court (city, interdistrict, specialized court - economic, military court of garrison and others) and according to article 4 of the Constitution of the Republic of Kazakhstan, the subitem 9) Item 11 of the Regulations on Committee on judicial administration under the Supreme Court of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan of October 12, 2000 N 471.

I ORDER:

1. Approve the Instruction on clerical work in the district and equated to it court of the Republic of Kazakhstan.

2. To administrators of courts of areas, of Astana and Almaty to organize release of necessary number of copies of the Instruction, its studying and strict execution.

3. Declare invalid the order of the Minister of Justice of the Republic of Kazakhstan of June 30, 2000 N 61 about approval of the Instruction on clerical work in district (city) court of the Republic of Kazakhstan.

4. Enact this order since March 31, 2003.

 

Approved by the order of the Chairman of Committee on judicial administration under the Supreme Court of the Republic of Kazakhstan of February 28, 2003 No. 46-P

The instruction on clerical work in the district and equated to it court of the Republic of Kazakhstan

1. General provisions

1. The correct statement of clerical work in the district and equated to it court is one of the most important conditions of the proper organization of work of court, respect for procedural rules, proper registration, accounting and timely consideration of legal cases, and also execution of court resolutions (sentences, decisions, resolutions, determinations, writs), implementation of other tasks in case of administration of law.

2. The basic rules of the organization of clerical work in the district and equated to them courts include preparation, creation, execution of court documents, registration, accounting, automatic distribution, passing of legal cases, reference search, control of execution, preparation of legal cases and materials for the subsequent storage and use.

3. Enhancement of clerical work in the district and equated to them courts is performed by implementation of the principles of scientific labor organization, the advanced forms and methods of work with documents and clerical work computerization.

4. The clerical work in the district and equated to it court is conducted by office of court.

5. This Instruction establishes single rules of the organization and record keeping in office of the district and equated to it court, including city, interdistrict spetsializirovannogoekonomichesky court, administrative court, military court of garrison and others (further - district court).

6. The rules and operating procedure with documents established by this Instruction are obligatory for all employees of office of district court.

The procedure for automatic distribution of cases is regulated by separate Rules, the Instruction or the User's guide.

7. The manager of office and all employees of office of district court adequately shall own the modern computer, multiplying, video writing down, audiowriting-down equipment, effective forms and methods of clerical work, to know structure of courts, regulations of the procedural legislation of RK, this Instruction and other regulatory legal acts, to constantly improve the professional level and business skills. Employees of office of district court periodically take courses on retraining and advanced training at Institute of advanced training of judges and workers of judicial system under the Supreme Court of the Republic of Kazakhstan.

8. Responsibility for the organization and the correct record keeping in district court, timely and high-quality execution of documents is born by the manager of office of district court.

9. The chairman of district court performs the common directorship of office of district court.

The chairman of district court publishes orders.

10. The manager of office of district court will organize and directs work of office of district court.

The manager of office is the responsible person in district court.

Obligations are assigned to the manager of office:

a) job sharing between the staff of office of district court and control of execution of the obligations by them;

b) control of performing and labor discipline of staff of district court;

c) implementation of the organization of reception of applications, claims, actions for declaration, statements for issue of writs (further actions for declaration) if it is not assigned by the chairman of district court to other employee;

d) the organization of work on automatic distribution of cases and statements if it is not assigned to other employee of office;

e) ledger maintenance of orders of district court;

e) control of maintaining documents of primary statistical recording (accounting and statistical cards on criminal, civil cases, cases on administrative offenses, etc.), the correct and timely creation of the state statistic reports. Responsibility for completeness and reliability of statistic reports along with the chairman of district court is born also by the manager of office;

g) control on accounting and registration of the offers arriving in district court, statements, claims and behind terms of their execution;

h) control of timely sending cases with petitions for appeal and protests, and also on requests in superior court;

i) control of execution of court orders of other courts of the republic and the foreign states which arrived according to international agreements;

j) organization of work and control for accounting and storage of criminal, civil cases, cases on administrative offenses, materials, physical evidences;

k) control of execution of instructions, orders of superior courts, orders and orders of Committee on judicial administration under the Supreme Court of the Republic of Kazakhstan (further Committee) and its territorial authority;

l) development and distribution of functional obligations of staff of office of district court. The manager of office of district court brings to the chairman of district court idea of distribution of job responsibilities between employees of office of district court which shall affirm annually the order of the chairman of district court no later than January 5 of the come year;

m) acquaintance of again accepted employees of office of district court with this Instruction;

o) organization of work of archive of district court;

o) the receipt responsibility, storage and leave of material values in district court is assigned to the manager of office with whom the written agreement about full financial responsibility is signed;

p) ensuring economic activity of district court in coordination with the Administrator of court of the respective area (further the Administrator);

c) organization of activities of the plumber, electrician, cleaner, janitor, porters of district court;

r) participation in inventory count of material values in the terms established by the order of the Administrator;

s) determination of requirement of district court for fixed assets, economic stock and office supplies, creation of requests for them and ensuring economy of material values;

t) timely provision of data to the Administrator about the circumstances menacing to ensuring safety of material values of district court;

x) organization of delivery, timely supply with inventory items of judges and staff of district court;

v) organization of control of general procedure and sanitary condition of offices, halls of judicial sessions, rooms of the building and adjacent territory of district court;

w) the organization of creation and delivery of the monthly material report on movement and remaining balance of material values in department of financial accounting and the reporting of the Administrator no later than the 5th day of the next month;

x) the organization of maintaining the automated workplace in the presence of the software (further - automated workplace);

y) organization of conducting codification, accounting of generalization of court practice and legal literature;

aa) accomplishment of other orders of the chairman, judges of district court and Administrator.

11. To the chief and leading experts of district court according to distribution of obligations it is assigned:

a) accounting and registration of the arriving offers, statements, claims and control of adherence to deadlines of their consideration;

b) automatic distribution of legal cases and actions for declaration;

c) conducting systematization of the legislation of RK and court practice;

d) bringing to the staff of district court of changes and amendments in the current legislation and court practice;

e) participation in the analysis of court practice;

e) preparation of the operational meeting of district court, taking the minutes;

g) organization of work on interaction with media;

h) accounting of private resolutions, determinations and control of their execution;

i) accounting of court orders of other courts of the republic and the foreign states which arrived according to international agreements;

j) registration and accounting of the reception of citizens performed by the chairman of district court;

k) record keeping on criminal, civil cases, cases on administrative offenses and other materials;

l) registration, accounting and storage of criminal, civil cases and cases on administrative offenses and other materials, their automatic distribution between judges;

m) maintaining job specifications, magazines, cards, indexes;

o) maintaining documents of primary statistical recording and reporting (accounting and statistical cards on criminal, civil cases, on cases on administrative offenses and other materials);

o) creation of the statistical reporting under legal cases, responsibility for completeness and reliability of the statistic report;

p) control of timely delivery of cases in office of court and the direction of cases with petitions for appeal and protests in superior court;

c) timely execution of requests of superior courts about dispatch of cases;

r) preparation and the direction of documents on execution of sentences, decisions, determinations, court orders and control of receipt of messages on their execution;

s) registration, accounting, storage and destruction of physical evidences;

t) preparation and delivery in archive of the finished cases, magazines and cards;

x) maintaining automated workplace in the presence of the software;

v) conducting codification, accounting of generalization of court practice and legal literature;

w) work on interaction with media in coordination with the manager of office, the judge in whose production there is case, and with the chairman of district court;

x) accomplishment of other orders of the chairman, judges, manager of office of district court and Administrator.

12. To the chief (leading) specialist - the court session secretary it is assigned:

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