Rules of organization and holding of a personal reception

Approved by
the ordinance of the
Chairman of the Supreme Court of the
Republic of Kazakhstan
as of «26» December  2013
№ 278

Rules of
organization and holding of a personal reception of 
physical persons, representatives of legal persons 
in the Supreme Court, local and other courts

1. General provisions

1.1. The present rules are developed in accordance with the Constitutional law of the Republic of Kazakhstan as of 25 December 2000 «On the judicial system and status of judges of the Republic of Kazakhstan», laws of the Republic of Kazakhstan «On the procedure of consideration of recourses of physical and legal persons» as of 12 January 2007 and «On administrative procedures» as of 27 November 2000.

1.2. A personal reception of physical persons and representatives of legal persons is held by the Chairman of the Supreme Court and representatives of supervisory judicial boards of the Supreme Court, Chief of the Department for provision of courts’ activity under the Supreme Court (administrative office of the Supreme of the Republic of Kazakhstan) (hereinafter – Department), chairmen of regional, municipal, district and equivalent courts, chiefs of Registries of regional and equivalent courts.

1.3. Recourses, which come at a personal reception, are to be settled within the competence of a person, who holds the reception, not letting interference of justice administration into the process.

During recourse to a personal reception on issues, which are to be considered in the course of a judicial procedure, norms of the legislation of a judicial system and status of judges of the Republic of Kazakhstan are explained.

1.4.  Persons, responsible for organization and holding of a personal reception of physical and representatives of legal persons, are obliged to ensure a strict observance of norms of a judicial ethics, legislation of state service, of procedure of consideration of recourses of physical and legal persons, of administrative procedures, demands of institutional regulatory acts of clerical correspondence in courts and provisions of the present Rules.

2. Organization of a personal reception of physical persons, representatives of legal persons

2.1. A personal reception of physical, representatives of legal persons in the Supreme Court, local and other courts is held by authorized officials in accordance with a schedule, approved by a chairman of a relevant court.

2.2. Provision of organizational and technical support of holding a personal reception of citizens is laid upon structural and territorial subdivisions of the Department (administrative offices of courts), within their jurisdiction.

2.3. A schedule of a personal reception of physical and representatives of legal persons indicating data of a person, who holds the reception, days and times of the reception,  worded on the state and Russian languages, is placed in the court hall, in available for viewing place, and also published on an Internet-resource of a relevant court. 

2.4. In case, when the day of a personal reception falls on a holiday or weekend, the date of holding a personal reception is shifted, as a rule, to the next working day.

Relevant information is brought to the notice of legal and physical persons in the order, established by clause 2.3 of the present Rules.

2.5. An official, authorized to hold a personal reception, has the right to make a decision to receive certain persons out of the approved schedule, on the day of recourse, taking into account their place of residence, health condition, age and other circumstances.  

2.6. A personal reception is held in a court hall. Taking into account interests of physical and representatives of legal persons, with their consent, the reception can be held using a videoconferencing.

2.7. A personal reception of citizens is organized in compliance with demands of regulatory legal acts of rules of stay of citizens, access regime in buildings of courts.

In accordance with the established procedure before the beginning of a personal reception a personality of arrived citizens is identified.

2.8. A reception of citizens is held, as far as citizens make recourse, in compliance with a queue. 

Participants of the Great Patriotic War and equal persons to them, disabled people, pregnant women and persons, who have state awards, are received out of queue.

2.9. A personal reception is held on the state or Russian languages. In necessary cases measures are taken on ensuring the right of a physical person or representative of a legal person to use a native language or the language, which he can speak.

2.10. An official, who holds a personal reception, takes comprehensive measures on settlement of recourse of a physical or representative of a legal person in essence.

If the recourse cannot be settled by the official during the reception, it is stated in writing and it is processed as a written recourse.

2.11. Written replies to recourses, submitted at the personal reception, are given, as a rule, under a signature of an official, who holds the reception. 

3. Special features of organization of a personal reception of citizens in the Supreme Court

3.1. Provision of organizational and technical support of a personal reception of citizens in the Supreme Court is realized by structural subdivisions of the Department in accordance with the assignment in enclosure 1 to the present Rules.

3.2. Physical persons and representatives of legal persons have the right to make recourse in advance with a written application for checking in a reception, as well as with a request of a personal reception using a videoconferencing.

3.3. Applications for checking in a personal reception, using a videoconferencing can be submitted using electronic means of communication, through the portal of an electronic government or Internet-resource of the Supreme Court.

An electronic form of an application should be signed by an electronic digital signature.

3.4. Written, including electronic recourse on issues of a personal reception should comply with demands of the legislation of a procedure of consideration of recourses of physical and legal persons.

For the purpose of an efficient organization of a personal reception, materials confirming arguments, documents, which confirm powers of an applicant, properly certified copies of judicial acts, or request for their reclamation are enclosed to the application.

Recourse with a request of a personal reception, in which the essence of the issue is not stated, is returned to a person, who submitted, it without consideration.

3.5. Recourses on issues of a personal reception are distributed for taking organizational and technical measures to relevant structural subdivisions of the Department, which provide for the activity of an official, who holds a personal reception.

Recourses on issues of a personal reception by management personnel of the Supreme Court, connected with legality of procedural decisions and actions of a court on particular judicial cases, are given for organization of their settlement to Secretariats of relevant supervisory judicial boards of the Supreme Court.

3.6. When the need arises a structural subdivision, responsible for holding a personal reception, makes a suggestion of using a videoconferencing to an official, authorized to hold a personal reception of citizens.

3.7. Decision of holding a personal reception via a videoconferencing is in advance brought to notice of concerned physical and representatives of legal persons, as well as Registry of a relevant court, indicating a date and time of inclusion of an electronic system.

3.8. While holding a personal reception via a videoconferencing an identity card of arrived persons, control over perception of an audio signal and video image are ensured by responsible employees of the Registry of the court.

3.9. Coming recourses of physical and representatives of legal persons during a personal reception are distributed for execution in accordance with a resolution of an official, who holds a personal reception.

3.10. Submitted requests on a personal reception to reconsider in exercise of supervisory power effective judicial acts on civil, criminal cases, objections for a protest or request, other procedural documents, which comply with demands of the existing legislation, are given to relevant supervisory judicial boards of the Supreme Court.

3.11. Registration, recording and control over execution of recourses of physical and legal persons on issues of a personal reception, and also those, which come during a personal reception, are realized in accordance with the Rules of documentation and management of record-keeping in the Supreme Court, approved by the Chairman of the Supreme Court of the Republic of Kazakhstan.

A note “from a personal reception” is put on recourses, which came on a personal reception.

3.12. On each recourse of a physical or representative of a legal person on the day of a reception a responsible employee of the General department fills in an account card of reception of visitors by a form, established in enclosure 2 to the present Rules.

3.13. An account card of reception of visitors, written recourse of a person, all available supervisory procedures and other materials before the beginning of a reception are given to an official, who holds a reception.

3.14. Upon completion of a reception data of results of the reception, written recourses of physical and legal persons with assignments and resolutions of officials, who held the reception,  supervisory procedures and other materials,  are immediately submitted to the General department for recording and transfer by belonging.

3.15. Recourse with a note «from a personal reception» is taken off the control on the basis of a motivated reply to an applicant, signed by an official, who held a reception, or upon his assignment by another official, and also due to a decision of the Chairman of the Supreme Court, chairman of the supervisory judicial board of the Supreme Court of termination of recourse consideration.

Enclosure 1

Assignment of the provision of organizational and technical support 
of a personal reception of physical and representatives 
of legal persons in the Supreme Court 

Enclosure 2

Account card of reception of visitors

 «__­__»___________201_.

Surname, name, patronymic name of an applicant ________________________________
_____________________________________________________________________

Place of work of an applicant and held position ___________________________
_____________________________________________________________________

Address ________________________________________________________________
_____________________________________________________________________

Essence of recourse for a reception ____________________________________________
_____________________________________________________________________

Person, who holds a reception____________________________________________
_____________________________________________________________________

To whom and what is charged, date_______________________________________________
____________________________________________________________________

Results of an application consideration______________________________________

Note of videoconferencing use ___________________________