ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of April 30, 2021 No. 356

About approval of Rules of maintaining registers of single notarial information system

According to Item 2 of article 4-2 of the Law of the Republic of Kazakhstan of July 19, 1997 "About notariate", I ORDER:

1. Approve Rules of maintaining registers of single notarial information system according to appendix to the order.

2. To provide to department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation state registration of this order.

3. To impose control of execution of this order on the supervising Vice-Minister of Justice of the Republic of Kazakhstan.

4. This order becomes effective on the expiration of ten calendar days after day of its first official publication.

Appendix

to the Order of the Minister of Justice of the Republic of Kazakhstan of April 30, 2021 No. 356

Rules of maintaining registers of single notarial information system

Chapter 1. General provisions

1. These rules of maintaining registers of single notarial information system (further - Rules) are developed according to Item 2 of article 4-2 of the Law of the Republic of Kazakhstan of July 14, 1997 "About notariate" (further - the Law).

2. Rules establish single requirements to maintaining registers of the Single notarial information system (further - ENIS) and extend to the electronic register of notarial actions, the register of heritable cases, the register of accounting of wills (further - electronic registers of ENIS).

3. Maintaining electronic registers of ENIS includes introduction in them of data, providing notarial secret concerning the data included in electronic registers, provision of data from these registers.

4. The possibility of registration of notarial actions in electronic registers of ENIS is blocked by introduction of data on the order (date, number of the order, term and the bases):

for private notaries in case of the termination, suspension of action of the license or suspension, exit or exception of membership in notarial chamber - Republican notarial chamber;

for the notary public in case of dismissal or stays on leave.

Electronic registers of ENIS of the private notary will be unblocked by Republican notarial chamber in case of recovery of action of the license or recovery of membership in notarial chamber, or filing of application about appearance at work from leave.

Electronic registers of ENIS of the notary public will be unblocked by the Ministry of Justice of the Republic of Kazakhstan in case of filing of application about appearance at work from leave.

6. In case of stop of work of ENIS the notary draws up the statement of impossibility of work of ENIS in form according to appendix 1 to these rules.

The notary after elimination of the reasons of stop of work of ENIS enters data on committed notarial actions in electronic registers of ENIS no later than the next working day from the moment of recovery of work of ENIS.

7. The data included in electronic registers of ENIS are subject to storage in ENIS during the terms provided by the Approximate nomenclature of the cases according to Rules on notarial clerical work approved by the order of the Minister of Justice of the Republic of Kazakhstan of January 31, 2012 No. 32 (registered in the Register of state registration of regulatory legal acts No. 7445).

8. Use by the notary of data from the state electronic information resources by means of ENIS for personal reasons is not allowed.

Chapter 2. Procedure for maintaining the electronic register of notarial actions

9. According to article 49 of the Law all notarial actions are registered in the electronic register of notarial actions. The sequence number is assigned to each notarial action.

10. The notary has one electronic register of notarial actions.

11. The notary enters data on committed notarial actions in the electronic register of notarial actions without delay after making of notarial action.

12. Registration of notarial action in the electronic register of notarial actions is performed by means of entering of data into the register in form according to appendix 2 to these rules.

13. Spelling, grammatical or technical amendments and mistakes to the electronic register of notarial actions make a reservation in the column "Note".

Mistakenly entered notarial action in the electronic register of notarial actions is cancelled no later than twenty four hours from the moment of registration of notarial action, except for festive and the days off.

14. The notary does mark in the electronic register of notarial actions about cancellation of the issued power of attorney, or refusal of it.

15. The notary attaches electronic image (the electronic version) in the ENIS format of the notarial paper document in case of registration in the electronic register of notarial actions according to the certificate of the power of attorney.

16. In case of recognition of the transaction invalid it agrees to the judgment which took legal effect, the notary in whose cases the transaction is stored does mark about it in the electronic register of registration of notarial actions.

Chapter 3. Procedure for maintaining register of notarial cases

17. The basis for inclusion of data in the register of heritable cases is receipt of the statement by the notary testimonial of opening of inheritance (about issue of the certificate on the right to inheritance, about inheritance acceptance, about refusal of inheritance).

18. Before adoption of the statement of inheritance, testimonial of opening, the notary checks availability of coincidence of data on heritable case in the register of heritable cases on the following signs: surname, name, middle name (in the presence) testator, date of death. In the presence of coincidence to person who filed petition for opening of inheritance it is explained about need of submission of such statement to the notary at whom heritable case is opened.

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