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LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 14, 1997 No. 155-I

About notariate

(as amended on 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.

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.

Chapter 2. Legal status of the notary

Article 6. The notary in the Republic of Kazakhstan

1. The citizen of the Republic of Kazakhstan who reached age of twenty five years, having the higher legal education, the length of service on legal specialty at least two years which passed training at the notary at least one year, certification in certifying commission of justice and obtained the license for the occupation right notarial activities if other is not provided by this Law can be the notary.

Notary public is the administrative government employee holding position according to the procedure, established by the legislation of the Republic of Kazakhstan on public service.

The requirements specified in part one of this Article, except for receipts of the license for the occupation right by notarial activities extend to the notary public.

Cannot be the notary person having not extinguished or the criminal record which is not removed in the procedure established by the law, acknowledged in accordance with the established procedure incapacitated or it is limited by capable.

Person cannot be the notary also:

exempted from criminal liability based on Items 3), 4), 9), 10) and 12) of part one of Article 35 or Article 36 of the Code of penal procedure of the Republic of Kazakhstan, within three years after approach of such events;

dismissed for negative motives from the public, military service, from bodies of prosecutor's office, other law enforcement agencies, special state bodies, and also exempted from judgeship, within one year from the date of dismissal (release);

the made administrative corruption offense, within three years after approach of such events;

dismissed from the notary public position for the violations of the law of the Republic of Kazakhstan allowed by him when making notarial action;

deprived of the license for the occupation right by notarial activities;

excluded from the register of chamber of legal consultants for negative motives if from the date of exception there passed less than three years.

2. Private and notaries public have the equal rights and obligations when implementing notarial activities. The documents processed by them have identical legal force.

3. Making of notarial actions by persons who do not have the license, stipulated in Item 1 this Article (except for the notary public and persons specified in subitems 2), 3) of Item 2 of article 1 of this Law), or with violation of other requirements of the legislation on notariate and income acquisition from these actions attract responsibility according to the laws of the Republic of Kazakhstan.

4. Property responsibility for notarial actions of the notary public is born by territorial authority of justice.

Article 7. Assistants and trainees of the notary

1. The notary can have assistants and trainees.

2. The citizen of the Republic of Kazakhstan can only be the assistant notary.

3. The assistant notary can work at basis of the employment contract at the notary who is engaged in private practice or to be in structure of office of notary public.

4. The citizens of the Republic of Kazakhstan having the higher legal education can be trainees of the notary.

Trainees pass training at the notaries having years of service of notarial activities at least five years.

Person applying for the occupation right notarial activities signs the contract on passing of training with notarial chamber.

5. The assistant and the trainee have the right on specifying and under responsibility of the notary to carry out its orders which shall not substitute notarial activities and can have auxiliary character on maintaining notarial clerical work.

The assistant and the trainee have no right to sign notarial documents for the notary and to use notary's seal.

6.  No. 177-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 05.07.2018.

7. The purpose of passing of training is acquisition by the trainee of professional knowledge and practical skills on making of notarial actions, the organizations of work of the notary for the subsequent receipt of the license for the occupation right notarial activities.

8. No more than two trainees can pass training at one notary at the same time.

9. Passing of training is performed according to the single program of the professional training of trainees approved by the order of the Minister of Justice of the Republic of Kazakhstan in coordination with Republican notarial chamber.

The program of professional training of trainees is obligatory for all trainees and shall contain list of the actions directed to acquisition by the trainee of special theoretical knowledge, practical skills of making of notarial actions and the organization of work of the notary including studying of professional and ethical standards of behavior of the notary, visit of the seminar occupations organized for notaries or especially for trainees.

Reducing term of training does not exempt the trainee from obligation to master the program of training.

10. Upon termination of training the notary prepares the conclusion in which execution of the program of professional training by the trainee which within ten working days affirms notarial chamber is reflected. In case of incomplete development by the trainee of the program of professional training of trainees extra time is provided to it.

The conclusion about passing of training is valid within three years after its approval.

11. Complete development of the program of professional training of trainees is the compulsory provision of passing of training.

12. Requirements of this Article do not extend to the persons having length of service the notary public, except for relieved of the post for negative motives.

Article 7-1. Certifying commission of justice on the occupation right notarial activities

1. Persons applying for the occupation right notarial activities undergo certification in the certifying commissions of justice on the occupation right notarial activities created in territorial authorities of justice of areas, cities of republican value and the capital.

The certifying commission of justice on the occupation right notarial activities consists of seven members - two notaries, including the chairman of notarial chamber, two representatives of territorial authority of justice, the scientist-jurist and two deputies of maslikhat.

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