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LAW OF TURKMENISTAN

of November 20, 2022

About notariate and notarial activities

This Law determines organizational and legal bases of notariate and notarial activities, legal status of notaries, supervision of their activities, and also procedure of notarial activities in Turkmenistan.

Section I. Organizational and legal basis of activities of notariate

Chapter I. General provisions

Article 1. Notariate in Turkmenistan

The notariate in Turkmenistan is the system consisting of bodies and authorized officers, the private notaries performing notarial activities based on the license granting the right to implementation of notarial activities (further - the private notary) to whom tasks of implementation of notarial activities for the certificate of the indisputable rights, and also facts having legal value and giving of legal reliability to them are assigned.

Article 2. Main objective of notariate

The main objective of notariate is ensuring protection of the rights and legitimate interests of physical persons and legal entities, and also state interests by making of notarial actions on behalf of Turkmenistan.

Article 3. Legislation of Turkmenistan on notariate and notarial activities

The legislation of Turkmenistan on notariate and notarial activities is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan which govern the relations connected with implementation of notarial activities.

Article 4. Notarial activities

1. Notarial activities are making by the notary public of office of notary public (further - the notary public), the private notary (further in case of joint mentioning - notaries), and also other authorized officers on which tasks of implementation of notarial activities (all are assigned in case of joint mentioning - persons performing notarial activities), the notarial actions provided by this Law and other regulatory legal acts of Turkmenistan.

2. Notarial activities are not business activity.

Article 5. Basic principles of notarial activities

Notarial activities in Turkmenistan are based on the principles of legality, justice, independence and safety of mystery of notarial actions.

Article 6. Legality when implementing notarial activities

Notarial activities in Turkmenistan are performed according to the Constitution of Turkmenistan, this Law, other regulatory legal acts and international treaties of Turkmenistan.

Article 7. Justice when implementing notarial activities

1. Notarial activities are performed on equal terms for all persons irrespective of their nationality, skin color, floor, origin, property and official capacity, the residence, language, the relation to religion, political convictions or other circumstances.

2. Persons performing notarial activities have no right to make notarial actions which results are of valuable or other private interest to them.

Article 8. Independence when implementing notarial activities

1. Persons performing notarial activities in case of execution of the obligations assigned to them are independent and submit only to the laws of Turkmenistan.

2. Illegal impact on persons performing notarial activities, in case of execution of the obligations assigned to them is not allowed, and making of such actions attracts the responsibility established by the legislation of Turkmenistan.

Article 9. Preserving mystery of notarial actions and provision of data

1. Safety of mystery of the notarial actions made concerning them is guaranteed to physical persons and legal entities.

2. Persons performing notarial activities shall provide preserving mystery of committed notarial action.

3. The obligation of preserving mystery of committed notarial actions extends also to consultants, trainees, assistants to notaries, to other persons who knew of these actions in connection with accomplishment of service and job responsibilities by them, and also on other persons participating in implementation of notarial actions.

Ensuring preserving mystery of committed notarial actions is the mandatory requirement for persons which stopped notarial activities and employment relationships.

4. Are not the notarial secrecy of the data:

1) about the repealed powers of attorney (date of the certificate and cancellation, surname, name, middle name of the notary who certified the power of attorney, sequence number under which it is registered in the Register of registration of notarial actions);

2) about opening of heritable case (surname, name, middle name of the testator, surname, name, middle name of the notary who opened heritable case, date of opening and number of heritable case).

5. Data on committed notarial actions by persons performing notarial actions are issued only to persons, from name, addressed to, according to the order or concerning which these actions, according to the procedure of legal succession and based on the right to share in property were made.

6. Data and documents on notarial actions are issued according to the written requirement of court, bodies of prosecutor's office, inquiry and the investigation of the cases which are in their production, and also the bodies authorized by this Law to exercise control of activities of notaries, or to other bodies in cases, stipulated by the legislation.

7. Data on committed notarial actions are issued according to the written or directed through digital system requirement of the state registrar performing state registration of the rights to real estate and transactions, related.

8. Data on the will during lifetime of the testator are issued to him, and after the death of the testator - to persons and bodies specified in parts five, the sixth and seventh this Article and also the testator's heirs if other is not stipulated by the legislation Turkmenistan.

9. Data on issue certificates on the right to inheritance are granted to the relevant tax authorities.

In case of the death of physical person employer of the data, connected with heritable case, are issued by the written request of local body of the Pension fund of Turkmenistan for debt repayment for pension contributions.

10. To other persons, except for specified in parts of the fifth or ninth this Article, provision of data and issue of documents on committed notarial actions is forbidden.

11. Persons which divulged data on committed notarial actions except for of the data provided in part four of this Article bear responsibility according to the legislation of Turkmenistan.

Article 10. Right to making of notarial actions

1. The right to make notarial actions within the powers, and also in the cases and limits established by this Law have:

1) notaries public;

2) private notaries;

3) authorized officers Gengesha;

4) authorized officers of diplomatic representations and consular establishments of Turkmenistan abroad;

5) the authorized officers having the right to make notarial actions according to part one of article 48 of this Law.

For the purposes of this Law the officials specified in Items 3-5 of this part hereinafter are referred to as further as authorized officers.

2. When making notarial actions notaries have rights and perform duties according to this Law.

3. The documents processed within powers by the persons specified in part one of this Article, having the right to make notarial actions have identical legal force.

Article 11. Procedure for making of notarial actions

1. Notarial actions are made according to the procedure, established by the legislation of Turkmenistan.

2. When making notarial actions by persons performing notarial actions the notarial act - the written instrument (notarially certified document) constituted, certified or certified according to the procedure, established by the legislation of Turkmenistan is drawn up.

Article 12. Notarial clerical work

1. The notarial clerical work is performed according to the Rules of maintaining notarial clerical work approved by the Ministry адалат Turkmenistan in coordination with the Head archive department under the Cabinet of Ministers of Turkmenistan. Rules of maintaining notarial clerical work concern to all persons performing notarial actions.

2. The documents connected with the notarial actions made by persons performing notarial actions are subject to delivery in the Public Records Office according to the procedure, established by the legislation of Turkmenistan.

Article 13. Language of notarial clerical work

The notarial clerical work is conducted in state language of Turkmenistan, the documents issued by results of making of notarial actions are drawn up in state language of Turkmenistan.

Article 14. Notarial archive

1. For completing, accounting, use and storage during the terms established by the legislation of Turkmenistan, the documents formed as a result of notarial activities in offices of notary public, and also other persons performing notarial actions create archives, and also electronic archives.

2. The notarial archive of office of notary public contains in this office of notary public or in higher office of notary public. The notarial archive of the private notary contains in office room of the private notary or in the office of notary public operating within administrative and territorial unit in the place of implementation of notarial activities by it.

Notaries provide proper document storage of archive.

3. Upon termination of storage duration of documents in archive they are transferred to the Public Records Office according to the procedure, established by the legislation of Turkmenistan.

4. In case of cancellation or partial cancellation of the notarial action connected with the document which is stored in archive, the court order or on other bases, stipulated by the legislation Turkmenistan in the original of the relevant document constituted with respect thereto by notarial action and in the Register of registration of notarial actions about it the mark becomes.

Article 15. Basic rules of unified information system of notariate

1. The electronic information system intended for complex automation of processes of collection, processing of data on notarial activities and providing all types of information exchange (exchange) which is notariate unified information system (further - notariate Unified information system) is created.

2. The unified information system of notariate belongs to the Ministry адалат Turkmenistan.

The unified information system of notariate is used also for departure and receipt of data from offices of notary public or notaries by means of electronic document management.

In the Unified information system of notariate are subject to introduction of the data on committed notarial actions, including documents electronically.

Local authorities of the Ministry адалат Turkmenistan provide inclusion of notaries in notariate Unified information system.

Entering by notaries into the Unified information system of notariate of the data connected with making of the corresponding notarial actions is not disclosure of mystery of committed notarial actions.

3. Protection of the data containing in notariate Unified information system is performed according to the legislation of Turkmenistan.

Persons having access to the data containing in notariate Unified information system and the faces performing data processing of the Unified information system of notariate not open to the third parties and not disclose the data containing in this information system, except as specified, established by the legislation of Turkmenistan.

Disclosure or illegal use of the specified data attracts the responsibility established by the legislation of Turkmenistan.

4. Creation and functioning of the Unified information system of notariate, and also the activities connected with its enhancement are financed by means of the Government budget of Turkmenistan.

Private notaries shall be connected to this system and bring in it committed notarial actions. Connection of private notaries to this system is performed at the expense of their own means.

5. The procedure for functioning of the Unified information system of notariate, use of it, and also issues of the data containing in it is determined by the Ministry адалат Turkmenistan.

6. Data on the notarial actions made by authorized officers are subject to entering into notariate Unified information system.

Article 16. Entering of data into notariate Unified information system

1. Entering of data into the Unified information system of notariate is performed by notaries.

Notaries shall enter the following data into notariate Unified information system:

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