Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 14, 1997 No. 155-I

About notariate

(as amended on 09-06-2021)

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.

3-1. Notarial secret are the data received during the making of notarial action or the address to the notary, the authorized officer including on the personal property and non-property rights and obligations.

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

4-1. The obligation of observance of notarial secret extends to trainees, assistants to notaries, the witness, the translator, person which signed instead of the citizen the notarial document owing to physical defect, disease or illiteracy of the last and also employees of the notarial chambers and persons performing maintenance and system maintenance of single notarial information system.

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 legal executives 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.

Obtaining from single notarial information system of data on the notarial actions necessary for rendering legal aid, is performed by lawyers by the direction of the lawyer request in electronic form certified by means of the digital signature through unified information system of 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 disclosing notarial secret bear responsibility according to the laws of the Republic of Kazakhstan.

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.

10. Are not disclosure of notarial secret:

1) placement on Internet resource of Republican notarial chamber or single notarial information system of the following data on:

to powers of attorney (information about person who certified the power of attorney, date of the certificate of the power of attorney, its registration number in the electronic register of notarial actions of single notarial information system, date and time of entering of data on cancellation of the power of attorney into this register if the power of attorney is repealed);

to open heritable cases (information about the testator, date of his death, the information about the notary processing heritable case);

to the executive texts (data on date of making of executive text, the notary who made executive text) made by the notary;

2) entering into single notarial information system of the data provided by this Law;

3) submission of data on notarial actions to the state body performing financial monitoring and taking other measures for counteraction of legalization (washing) of the income for the purpose of and procedure, the income provided by the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) gained in the criminal way, and terrorism financing", and also the direction of the electronic copy of the title document, the witnessed digital signature of the notary, by means of single notarial information system in information system of the legal inventory according to the procedure, provided by the Law of the Republic of Kazakhstan "About state registration of the rights to real estate";

4) submission of data on notarial actions to the state authorized body performing management in the field of ensuring receipts of taxes and payments in the budget in form, according to the procedure and terms which are provided by the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code);

5) submission of data on notarial actions to the single accumulation pension fund for the purpose of implementation of retirement benefits;

6) message of data on opening of inheritance to heirs.

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

1. Single notarial information system is the information system intended for automation of processes of collection, processing of data on notarial activities and ensuring information exchange.

2. Data on committed notarial actions and other data provided by this Law are entered into single notarial information system.

3. Data on making of notarial actions and other data provided by this Law shall be placed on temporary storage in notarial electronic repository and after fixed term shall be transferred to notarial electronic archive.

4. Access to single notarial information system, in addition to notaries, is provided to persons authorized according to the laws of the Republic of Kazakhstan.

Notaries and other persons to whom access to the data containing in single notarial information system is provided according to the laws of the Republic of Kazakhstan and persons performing maintenance and system maintenance not open to the third parties and not spread the information containing in such system, except as specified, established by this Law and other laws of the Republic of Kazakhstan.

5. Protection of the data containing in single notarial information system is performed according to the legislation of the Republic of Kazakhstan.

6. Instructions for use single notarial information system are determined by the Ministry of Justice of the Republic of Kazakhstan in coordination with authorized body in the field of informatization and authorized body in the field of ensuring information security.

7. The single notarial information system can be applied to collection and information analysis by Republican notarial chamber, notarial chambers and the Ministry of Justice of the Republic of Kazakhstan.

8. The single notarial information system is delivered in trust management to Republican notarial chamber according to the procedure, established by the Law of the Republic of Kazakhstan "About state-owned property".

Article 4-2. Content of single notarial information system

1. The single notarial information system consists from:

1) electronic register of notarial actions;

2) register of heritable cases;

3) register of accounting of wills;

4) notarial electronic repository.

The single notarial information system contains other data, including data of information, auxiliary, help and analytical nature concerning notarial activities.

2. The procedure for maintaining registers of single notarial information system is determined by the Ministry of Justice of the Republic of Kazakhstan in coordination with authorized body in the field of informatization.

3. The form of submission of the reporting on functioning of the registers of single notarial information system provided by this Law is established by the Ministry of Justice of the Republic of Kazakhstan.

Article 4-3. Entering of data into single notarial information system

1. Entering of data into single notarial information system is performed by notaries.

Notaries shall enter data into single notarial information system:

1) about making of notarial actions in case of their registration in the electronic register of notarial actions of single notarial information system.

In case of registration in the electronic register of notarial actions of single notarial information system of notarial action according to the certificate or cancellation of the power of attorney notaries shall enter electronic image of the power of attorney (the electronic version) into single notarial information system;

2) about opening of inheritance in case of receipt of the statements which are the basis for institution of heritable case;

3) about accounting of wills;

4) other data according to part two of Item 1 of article 4-2 of this Law.

2. Data on making of notarial actions are entered by the notary in the electronic register of notarial actions of single notarial information system without delay.

3. Data on opening of inheritance are entered by the notary in the register of heritable cases of single notarial information system no later than the next working day after receipt of the corresponding statements.

Article 4-4. Submission of the data containing in single notarial information system

1. Persons have on a grant basis the right to receive data concerning themselves about (about):

1) the certified power of attorney (the information about person who certified the power of attorney, date of the certificate of the power of attorney, its registration number in the electronic register of notarial actions of single notarial information system, date and time of entering of data on cancellation of the power of attorney into this register if the power of attorney is repealed);

2) open heritable cases (the information about the testator, date of his death, the information about the notary processing heritable case);

3) the executive texts (data on date of making of executive text, the notary who made executive text) made by the notary.

2. The data containing in the electronic register of notarial actions of single notarial information system and necessary for making of notarial action or check of validity of the notarial document are represented to notaries on their requests sent through single notarial information system.

To person concerning whom the data containing in the electronic register of notarial actions of single notarial information system are requested the electronic notification on the request fact goes.

3. Receipt of information by law enforcement, special state bodies of the Republic of Kazakhstan and legal executives within criminal, civil, administrative, search cases, cases on administrative offenses and enforcement proceeding is performed according to the legislation of the Republic of Kazakhstan.

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.

2. If person who addressed for making of notarial action does not know language in which the clerical work is conducted, texts of the processed documents shall it be translated at its request for a fee according to article 80 of this Law.

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