Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 14, 1997 No. 155-I

About notariate

(The last edition from 21-01-2019)

Section 1 Organizational legal basis of activities of notariate

Chapter 1. General provisions

Article 1. Notariate in the Republic of Kazakhstan

1. The notariate in the Republic of Kazakhstan is the legal institution on rendering qualified legal aid providing protection of the rights and legitimate interests of physical, legal entities by making of notarial actions.

2. Have the right to make notarial actions in the cases and limits established by this Law:

1) the notaries working in offices of notary public (notaries public), and notaries, who are engaged in private practice (private notaries);

2) the officials of offices of akims of the cities of district value, settlements, villages, rural districts authorized on making of notarial actions;

3) persons performing consular functions on behalf of the Republic of Kazakhstan;

4) the other persons authorized by this Law on making of notarial actions.

Article 2. Legislation on notariate

The legislation on notariate consists of regulations of the Civil code, this Law and other legislation of the Republic of Kazakhstan regulating notarial activities.

Article 3. Notarial activities and its guarantees

1. Notarial activities are making by the notary of the notarial actions provided by this Law and other legal acts of the Republic of Kazakhstan.

In the cases and limits established by this Law, separate notarial actions can specially make authorized officers.

Notarial activities in the Republic of Kazakhstan are based on the principles of legality, independence, impartiality, the mystery of notarial actions.

Notarial activities are not business activity.

2. In implementation of notarial activities notaries and other representatives on making of notarial actions of person are independent and submit only to the law. At the same time they are guided by this Laws and other regulatory legal acts, and also the international treaties ratified by the Republic of Kazakhstan, regulating such activities.

3. The mystery of the notarial actions made by them is guaranteed to physical persons and legal entities.

4. Providing mystery of notarial actions is obligatory for persons which stopped work as the notary.

4-1. The obligation of observance of mystery of notarial actions extends to trainees and assistants to notaries.

5. Data on notarial actions, copies or duplicates of the documents issued by the notary are issued only to legal entities and physical persons at the request of which notarial actions, or to their authorized persons were made.

6. Data on notarial actions and documents are issued according to the written requirement of court, investigation authorities and inquiries, on the cases of judicial authorities on the cases of enforcement proceeding, bodies of prosecutor's office which are in their production which are in their production, also the judicial authorities and notarial chambers authorized by this Law to perform check of activities of notaries.

The data on notarial actions necessary for implementation of lawyer activities are issued also by the written request of the lawyer acting as the defender or the representative of the principal who asked it for legal aid.

Information about heirs of the died person who had tax debt is issued by the written request of bodies of state revenues.

7. Persons intentionally disclosing data on committed notarial action bear responsibility according to the legislation.

8. Legal entities and officials shall submit to the notary of the data and the documents necessary for making of notarial actions, no later than ten calendar days from the moment of reclamation by their notary in time.

9. Data on wills, duplicates and copies of wills are issued to interested persons only after the death of the testator if other is not established by the legislation.

Article 4. Notarial clerical work

1. The notarial clerical work is performed according to the Rules on notarial clerical work (further - Rules) approved by the Ministry of Justice of the Republic of Kazakhstan in coordination with authorized state body of management of archives and documentation of the Republic of Kazakhstan with participation of Republican notarial chamber.

2. Control of observance of requirements of Rules is exercised by territorial authorities of justice and notarial chambers.

3. Documents of notaries public are subject to obligatory delivery in the Public Records Office according to the procedure, established by the legislation of the Republic of Kazakhstan.

Documents of private notaries are subject to obligatory delivery in private notarial archive according to the procedure, established by the legislation of the Republic of Kazakhstan.

Article 4-1. Single notarial information system

The single notarial information system is the hardware and software intended for automation of notarial activities and interaction of judicial authorities and notarial chambers.

Article 5. Language of notarial clerical work

1. The notarial clerical work is conducted according to the legislation of the Republic of Kazakhstan on languages.

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