Instructions on apply of electronic documents to the court by electronic information service Judicial office

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APPROVED
       By the Decree
           of the Head of the Department of  support of courts at
           the Supreme Court of the Republic of Kazakhstan
           (of the Administration of the Supreme Court
           of the Republic of Kazakhstan)
           from August "11", 2014 No. 380
 

Instructions
on apply of electronic documents to the court by electronic
information service "Judicial office"

1: General

         1 This instruction on how to apply to the court of electronic documents through electronic information service "Judicial office" of the Internet resource of the Supreme Court of the Republic of Kazakhstan was developed in accordance with the Civil Procedure Code of the Republic of Kazakhstan, the Criminal Procedure Code of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan "On the Procedure of Physical and Legal Persons" and "On Electronic Document and Digital Signature", providing for the possibility of submission of documents to the court in the form of an electronic document.

2 Instruction regulates the procedure for submitting electronic documents to the court by an electronic information service "Judicial office" of the Internet resource of the Supreme Court of the Republic of Kazakhstan (hereinafter - the "Judicial office"), as well as the order of their reception, recording and processing of information in the judicial system of the Republic of Kazakhstan.

2 Terms of submitting electronic documents

3 Individuals and their representatives, representatives of legal entities shall be entitled to submit to the Court of electronic documents by filling out electronic forms placed in a "Judicial office". For this, these persons must be registered in the "Judicial office".

4 The person registered in the "Judicial office" is a user of the service supply of electronic documents.

5 Logging in "Judicial office" is done by using the BIN or IIN and password. When submitting an application (treatment) by a representative of a legal entity, the authentication is carried out by BIN.

6 The user of the service of supplying electronic documents after the procedure of authorization of "Judicial office" may apply to the court by:

1)    the statement of claim;

2)    the statement for the hearing record;

3)    comment on the record of the hearing;

4)    treatment.

3. Requirements to supplied documents

7 In order to represent to the court statements (appeals) are to be loaded in text format (font 14, Times New Roman, half interval).

8 Each individual document must be loaded in the document feeder as a separate file. Number of files must match the number of documents submitted to the court.

The format of the file being loaded by the user must match the * doc, * docx, * pdf, * jpeg. The maximum file size should not exceed 10 MB.

4 Filing a claim

9 Requirements for the form and content of submitted claims are established by the Civil Procedure Code of the Republic of Kazakhstan.

10 The user selects the service "Submission of the claim," fills in the form of electronic claim, in which there should be the following particulars:

1)    area;

2)    court in which to file a claim;

3)    in the case of exemption from payment of duties in the courts:

- "No pay" column should be stamped;

- Specified category of cases/plaintiffs are exempt from state duty in accordance with Article 541 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget (Tax code)";

4) amount of the state fee;

5) in the case of online payment of state fees through the payment gateway of "electronic government" is filled with the "online payment";

6) nature of the application;

7) category of the case;

8) total amount of the dispute;

9) aspects of the process.

11 In the case of payment of state duty through second-tier banks, through electronic terminals, ATMs and other electronic devices, the user loads in filing proof of payment (payment orders, receipts, checks, etc.) on the payment of the state fee.

12 The user fills in the data about the claimant (for natural or legal persons) and data on the respondent, who is an individual or legal entity. If the plaintiff or the defendant act by several persons, he/she should give an information about each of them.

13 By e-mail statement of claim copies of documents in electronic form should be attached.

14 The user downloads in filing the appropriate files. Once the file is loaded the user checks the accuracy of the data entered using the opportunity to correct them.

15 Payment of government fees through the payment gateway of the "electronic government" (hereinafter - PGEG) is performed after filling in the form of electronic claim.

16 The statement of claim after the digital signature certificate user is transmitted to the information system of the judiciary of the Republic of Kazakhstan.

5 Submission of the application for the hearing record

17 To submit an application for the hearing record the user selects the service "Submission of the application for the hearing record", fills in the electronic application form, which shall contain the following information:

1)    side of the process;

2)    phone;

3)    postal address;

4)     area;

5)    The court to which the application is submitted to issue a copy of the trial transcript in electronic form;

6)    case number;

7)    plaintiffs of the case (the defendant, who was convicted);

8)    defendants (of the victim).

18 The user downloads in filing the files containing the application for the hearing record and the documents attached to it. Once the file is loaded the user checks the accuracy of the data entered using the opportunity to correct them.

19 Application for the hearing record after a digital signature certificate of the user, is transmitted to the information system of the judiciary of the Republic of Kazakhstan.
 

6 Submission of comments on the record of the hearing

20 To submit comments on the trial record the user selects the service "Submission of comments on the record of the hearing," fills out a form online application, which shall include the following information:

1)    side of the process;

2)    phone;

3)    postal address;

4)    area;

5)    the court to which the application is submitted, a note to the record of the hearing;

6)    case number;

7)    plaintiffs of the case (the defendant, who was convicted);

8)    defendants (the victim);

9)    date of the protocol.

21 The user downloads in filing files containing notes on the record of the hearing and the documents attached to it. Once the file is loaded the user checks the accuracy of the data entered using the opportunity to correct them.

22 Notes on the record of the hearing after the digital signature certificates are passed in the information system of the judiciary of the Republic of Kazakhstan.

 

 

7 Submission treatment

23 To apply the treatment the user selects the service "Submission of Electronic Circulation" fills in the form of electronic circulation, in which states the following particulars:

1)    phone;

2)    postal address;

3)    a brief description;

4)    area;

5)    the court to which an appeal is served.

24 The user downloads in filing files containing treatment and the documents attached to it. Once the file is loaded the user checks the accuracy of the data entered using the opportunity to correct them.
Appeal after 25 certificate digital signature member is transferred to the information system of the judiciary of the Republic of Kazakhstan.

8 Reception and registration of received electronic documents

26 Details of the electronic application (treatment), and document files sent to the user when entering the information system of the judiciary of the Republic of Kazakhstan are automatically transferred to the registration control card of incoming document.

27 Delivered electronic document is placed in the information system of the judiciary in the folder "Incoming mail" - "Waiting for registration" - "EAIAS" - "Feed Module/electronic registration of claims".

28 Received a claim in the form of an electronic document consists of the following documents:

1)    registration card included document control;

2)    form of a civil case (Form 1G);

3)    forms on the face (the part of the process);

4)    form of an electronic document;

5)    form of payment of the state fee (electronic delivery).

29 Received application for a transcript of the hearing, the comments on the record of the hearing, the appeal in the form of electronic documents consist of the following documents:

1)    registration card included document control;

2)    form of an electronic document.

30 Registration of electronic applications (requests) is made similarly registering of incoming documents in electronic form through the electronic document information system of the judiciary of the Republic of Kazakhstan.

9 Check the payment of the state fee

31 In accordance with the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget (Tax Code)" state fee payers are natural and legal persons who apply to the court with a claim, statement, special proceedings, applications (complaints) in cases of special production, applications for a court order, applications for a duplicate of the writ, the application for issuing writs for the enforcement of the arbitration, the arbitral tribunal and foreign vessels, applications for re-issuance of copies of judicial decisions, writs and other documents.

32 Checking the payment of state duty is made in the tab "Litigation" registration control cards of incoming document by opening the form "electronic payment" and pressing the "Payment Review".

33 In the window "Request for information on payments to the budget" to be pressed "OK". At transfer payment to the account of the tax authorities in the window "Query for payment to the budget in the Tax Committee of the Ministry of Finance of the Republic of Kazakhstan" contains a positive confirmation request with the necessary payment details.

34 In the absence of payment in the "Query for payment to the budget in the Tax Committee of the Ministry of Finance of the Republic of Kazakhstan" contains a negative confirmation request payment. When not asserted payment must follow the steps according to the norms of the Civil Procedure Code of the Republic of Kazakhstan.

35 When checking the receipt of the payment, it should be noted that admission fees at the expense of state tax authorities are up to three business days. In this connection, check the payment in the register of the tax authorities within the above days can return a negative test result.

36 The user can check the payment of state duty by PGEG in "Judicial office" services by choosing "Check the payment" which introduces a unique code and e-check is carried out search for it. The search result will display details of the e-check on the screen.

 

10 Send a reply and other legal documents
 

37 In making a procedural decision on the adoption of the statement of claim to the production of the court, the question of the credentials of the person who filed the suit is decided on the basis of the statement of claim attached to electronic documents.

38 Credentials into force representation and the power of attorney can be made by calling the court the person who filed the statement of claim in the form of an electronic document in preparation of the case for trial.

39 In the cases provided for by the Civil Procedure Code and the Criminal Procedure Code to the user together with the reply, the court a document to be sent in electronic form through the information system of the judiciary of the Republic of Kazakhstan.

40 The procedure for creating and sending a response to electronic applications (applications) is similar to the procedure for creating and sending outbound document.

41 To deliver a response to the user "Judicial office" document artist performs the following actions:

1)                          registration control cards outgoing document specifies delivery method as "Delivery via EAIAS" marked "Yes";

2)                          in the "Name of organization" column of the registration control cards of outgoing document select "Qualifier" - "The judicial system of the Republic of Kazakhstan" from the list select "Judicial office". After selecting the desired value in the "Recipients of the outgoing document" one should insert the value "Judicial office";

3)                          produce a bunch of incoming electronic application (treatment).

42 The card of incoming electronic application (treatment), delivered through a "Judicial office" contains a unique identity of the applicant.

The procedure of ligament of outgoing response with the incoming card of the statement (treatment) is a mandatory, as when binding the identity of the applicant is taken from the registration card included control statements (treatment). In case if the procedure of ligament fails, then the response to the user of "Judicial office" is not delivered.

43 After entering all the details on the form of outgoing document, one must save the card and perform the procedure of sending information through the judicial system of the Republic of Kazakhstan. To do this, click on the action button "EAIAS CO RK"/"Prepare to be sent through EAIAS CO RK".

44 The document prepared to send, addressed to the user of "Judicial office" is delivered by the information system of the judiciary of the Republic of Kazakhstan.

11 Status and the result of the application (treatment)

45 Submitted application (treatment) is to be appeared in the list of applications (complaints).

46 For a statement (appeal) to click on it in the list. This will open a window application (treatment) which can be found with:

1)    the information about the application (treatment);

2)    the status of the application (treatment);

3)    the response to the statement (appeal).

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