LAW OF THE KYRGYZ REPUBLIC

of March 9, 2023 No. 54

About notariate

Accepted by Jogorku Kenesh of the Kyrgyz Republic on January 19, 2023

Section I. Organizational bases of activities of notariate

Chapter 1. General provisions

Article 1. Legislation on notariate

The legal basis of activities of notariate are the Constitution of the Kyrgyz Republic, this Law, other regulatory legal acts and the international agreements which became effective in the procedure established by the legislation which participant is the Kyrgyz Republic.

Article 2. Notariate

1. The notariate represents system of the state and private notaries, officials of foreign organizations of the Kyrgyz Republic and local government bodies to whom the obligation is assigned to provide according to the Constitution of the Kyrgyz Republic, this Law and other regulatory legal acts of the Kyrgyz Republic protection of the rights and legitimate interests of citizens and legal entities by making by the notary of stipulated by the legislation notarial actions of the Kyrgyz Republic on behalf of the Kyrgyz Republic.

2. Notarial activities - activities of the notary for making of notarial actions, and also creation of necessary conditions of their making by consultations concerning making of notarial actions, collection of data and documents, necessary for making of notarial action, receipt of legally significant information from the state and other bodies, physical persons and legal entities, storage of notarial documents and other actions.

3. Private notarial activities have public character, are not business, economic activity and do not pursue revenue generating purpose.

Article 3. Notarial actions

1. Notarial actions represent actions of the notary according to the certificate of the indisputable facts, the legal events having legal value, to witnessing of documents, giving to documents of executive force and legal reliability and other actions directed to the protection of the rights of citizens and legal entities, their legitimate interests provided by this Law.

2. Notarial actions in the Kyrgyz Republic are made according to this Law by the state and private notaries.

3. In absence cases in the settlement of the notary the state powers on making of separate notarial actions by authorized state body are delegated to local government bodies according to the legislation on procedure for delegation to local government bodies of separate state powers.

4. Notarial actions in the territory of other states are made by the officials of foreign organizations of the Kyrgyz Republic authorized on making of these actions.

5. The list of the notarial actions provided by this Law is not exhausted. By regulatory legal acts of the Kyrgyz Republic also other notarial actions can be provided.

Article 4. Notary

1. The notary public is the government civil servant.

2. The citizen of the Kyrgyz Republic who reached 25-year age can be the private notary, but 75 years, having higher legal education and length of service by legal profession at least one year which passed training at the notary, successfully passed the qualification examination having the license for the occupation right private notarial activities (further - the license) and being the member of Notarial chamber of the Kyrgyz Republic are not more senior (further - Notarial chamber).

3. When making notarial actions notaries have the equal rights and bear identical responsibility.

4. The documents processed by the state and private notaries have identical legal force.

5. Person who obtained the license becomes the member of Notarial chamber.

6. The procedure for passing of training by person applying for receipt of the license is determined by the Ministry of Justice of the Kyrgyz Republic (further - the Ministry of Justice). The term of training shall not exceed 3 months.

7. Persons who worked as the notary public at least 5 years obtain the license without passing qualification examination if from the moment of dismissal of the notary public there passed no more than 3 years.

8. Cannot be the notary of the Kyrgyz Republic:

1) person having other nationality, double citizenship, and also type on the permanent residence in foreign state;

2) stateless person;

3) person recognized as incapacitated or is limited by the capable judgment which took legal effect;

4) person staying on the registry in narcological or psychoneurological dispensary;

5) person who earlier committed intentional crime irrespective of, the criminal record or concerning which criminal prosecution on heavy and especially serious crimes is stopped on not rehabilitating bases is removed or extinguished on it;

6) person, the license for the occupation right by private notarial or lawyer activities of which it was withdrawn or stopped, except for persons which stopped private notarial or lawyer activities at own will, or dismissed from the notary public position for the violations of the law of the Kyrgyz Republic allowed by it when making notarial action.

9. In length of service by legal profession, necessary for persons applying for implementation of private notarial activities operating time is set off:

1) as the judge;

2) on the state positions requiring the higher legal education;

3) on the municipal positions requiring the higher legal education;

4) on the positions of legal services of the organizations requiring the higher legal education;

5) on the positions of research establishments requiring the higher legal education;

6) as the teacher of legal disciplines in organizations of secondary professional, higher professional and postgraduate professional education;

7) as the lawyer;

8) as the notary;

9) as the assistant notary in the presence of the employment contract and payment confirmation of insurance premiums in authorized state body in the sphere of social insurance for the period works on the specified positions.

Article 5. Independence of the notary

The notary when implementing notarial activities is impartial, independent and is guided by the Constitution of the Kyrgyz Republic, this Law and other regulatory legal acts of the Kyrgyz Republic.

Article 6. Assistant to the private notary

1. The private notary can have no more than 3 assistants.

2. The citizen of the Kyrgyz Republic having the higher legal education, not having criminal record can be the assistant to the private notary.

3. The assistant to the private notary performs activities on the basis of the employment contract.

4. With the assistant the private notary notifies the Ministry of Justice and Notarial chamber within 7 days on the conclusion or termination of the employment contract.

5. The register of assistants to private notaries is kept by the Ministry of Justice.

6. The rights and obligations of the assistant to the private notary are determined by this Law and the labor law of the Kyrgyz Republic.

7. The assistant has the right on specifying and under responsibility of the private notary to carry out its orders which cannot substitute notarial activities and have auxiliary character, on maintaining notarial clerical work, preparation of drafts of notarial acts, giving consultations concerning making of notarial actions.

8. The assistant has no right to perform notarial activities, to use personalized seal and the strengthened qualified digital signature (further - the qualified digital signature) the private notary.

Article 7. Restrictions in activities of the notary

1. The notary has no right:

1) to be engaged in business and other economic activity, except notarial, scientific, teaching, expert, creative activities;

2) to render intermediary services in case of the conclusion of agreements;

3) to make notarial actions on the name and on its own behalf, addressed to and on behalf of the spouse (the spouse), the (the spouse) relatives (the parents, children including adopted (adopted), grandsons, brothers, sisters, the grandfather, the grandmother), addressed to and on behalf of persons which are under its guardianship (guardianship);

4) to make notarial actions addressed to and from employee name of this notary office, the workers consisting in employment relationships with the notary.

2. The private notary, except the listed permissions in Item of 1 part of 1 this Article, can perform activities of mediator or hold elective office in Notarial chamber.

3. The private notary has no right to make notarial actions concerning person (persons) with whose participation (which) he acted as mediator.

Article 8. Observance of mystery of the made notarial actions

1. The notary and officials, representatives to make notarial actions, shall keep in secret data which became known to them in connection with making of notarial actions. The obligation of preserving mystery of the made notarial actions extends also to persons who knew of committed notarial actions in connection with execution of the service duties including after the termination of the employment contract.

2. Data on committed notarial actions, and also the documents concerning them are issued only to those physical persons and/or legal entities, according to the order or concerning which notarial actions were made.

3. Data and documents on committed notarial actions are issued upon the demand of court, prosecutor's office, investigation authorities and inquiry in connection with the criminal or civil cases which are in their production, and also transferred to authorized state body in the sphere of financial investigation according to the Law of the Kyrgyz Republic "About counteraction to financing of terrorist activities and to legalization (washing) of the criminal income".

4. Provision of data and documents on committed notarial actions in any other cases is forbidden.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info