RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of December 29, 2023 No. 733

About questions of notarial activities

For the purpose of realization of part 6 of article 116 of the Law of the Kyrgyz Republic "About notariate", according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve:

1) the Instruction about procedure for making of notarial actions by notaries of the Kyrgyz Republic according to appendix 1;

2) the Instruction about procedure for the certificate of wills and powers of attorney chiefs of places of detention or detention according to appendix 2;

3) the Instruction about procedure for the certificate of wills and powers of attorney in hospitals, hospitals, other stationary medical institutions and organizations of social protection according to appendix 3;

4) the Instruction about procedure for the certificate of wills and powers of attorney commanders (chiefs) of military units, connections, organizations and military schools according to appendix 4;

5) the Procedure for making of notarial actions electronically and uses of electronic documents according to appendix 5;

6) the Procedure for remote making of notarial actions according to appendix 6;

7) Requirements to premises of private notary office and notarial bureau, procedure for their registration according to appendix 7.

2. Recognize to invalid:

1) the order of the Government of the Kyrgyz Republic "About questions of notarial activities" of April 20, 2011 No. 179;

2) the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About questions of notarial activities" of April 20, 2011 No. 179" of April 18, 2014 No. 222;

3) the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic "About questions of notarial activities" of April 20, 2011 No. 179" of March 30, 2015 No. 172;

4) Item 2 of the order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of August 29, 2016 No. 461;

5) Item 6 of the order of the Government of the Kyrgyz Republic "About modification of some decisions of the Government of the Kyrgyz Republic" of June 22, 2017 No. 398;

6) the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About questions of notarial activities" of April 20, 2011 No. 179" of June 20, 2018 No. 290;

7) Item 1 of the order of the Government of the Kyrgyz Republic "About modification of some decisions of the Government of the Kyrgyz Republic in the field of notarial activities" of December 1, 2020 No. 586.

3. To the Ministry of Justice of the Kyrgyz Republic to bring the decisions into accord with this resolution.

4. This resolution becomes effective after ten days from the date of official publication.

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of December 29, 2023 No. 733

The instruction about procedure for making of notarial actions by notaries of the Kyrgyz Republic

1. The legal basis of activities of notariate are the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic "About notariate", "About electronic control", "About the digital signature", the Regulations on the automated information system "State Electronic Document Management System" approved by the order of the Government of the Kyrgyz Republic "About approval of the Regulations on the automated information system "State Electronic Document Management System" of October 30, 2020 No. 526, this Instruction and other regulatory legal acts of the Kyrgyz Republic which are regulating notarial activities, and also became effective in the procedure established by the legislation the international agreements which participant is the Kyrgyz Republic.

2. This Instruction determines the basic rules of making of notarial actions by notaries of the Kyrgyz Republic.

Section I. Rules of making of notarial actions

Chapter 1. Place of making of notarial actions

3. Each citizen for making of notarial action has the right to address any notary, except as specified, the stipulated in Article 44 Laws of the Kyrgyz Republic "About notariate".

4. If notarial actions are made out of the room of the notary, then in certifying text on the document and in the register of registration of notarial actions on paper and electronic carriers the place of making of notarial action with indication of the address registers.

5. The notary has the right to leave to other notarial district for the certificate of the will in case of serious illness of the testator in the absence of the notary in this notarial district.

6. The agreements directed to alienation of real estate make sure the notary of that notarial district in the territory of which there is real estate.

7. The agreement of exchange which subject is the real estate located in the territory of different notarial districts makes sure in the location of any of the exchanged real estate objects.

Chapter 2. Payment procedure of the state fee for notarial action

8. The state fee is paid to banks and other financial credit institutes or by transfer from the bank account of the payer or the payer's representative, or via payment terminals or other payment methods by single payment within seven calendar days from the date of making of notarial action and issue of the documents having legal value.

9. The state fee in case of the address to the notary public is paid before making of notarial action and issue of the documents having legal value.

10. The state fee in case of the address to the private notary for making of notarial action can be paid by the private notary as the payer's representative.

11. In case of payment of the state fee via payment terminals or transfers from the bank account, or other payment methods the notary in addition removes photocopy of the payment check or receipt (transfer) and attaches to the register of registration of notarial actions or to notarial acts.

Chapter 3. Identification of the notarial action which addressed for making

12. When making notarial actions the notary identifies the personality of person who addressed for making of notarial actions, his representative or the representative of the legal entity.

13. Identification shall be made based on the passport or other certifying documents of the personality excluding any doubts concerning the identity of the citizen who addressed for making of notarial action.

When making notarial actions, when there is no need for clarification of nationality, marital status or the residence, identification is made based on other identity documents excluding any doubts concerning the identity of the citizen.

14. The documents provided in digital format (the national passport, the car driver license, acts of civil status: certificates of birth, marriage, annulment of marriage, change of surname, name, middle name and other digital documents), access to which is provided by the citizen by means of the state portal of electronic services, the Tunduk mobile application, have legal force and are equivalent to documents in paper form.

15. Establishment and verification of the personality is carried out through notariate unified information system (further - EISN), the state portal of the electronic services "Tunduk", the Single system of identification (further - ESI), method of biometric identification, vivacity detection method.

16. In case of the direction to the notary electronically of documents for making of notarial actions, in particular for registration of notifications on pledge of personal estate or the statement, about issue of the statement from the register of notifications on pledge of personal estate of the applicant his personality is considered established provided that its qualified digital signature is checked and its accessory is confirmed to the applicant according to the legislation of the Kyrgyz Republic in the field of the digital signature.

17. The identity of the minors which did not reach 16-year age is established based on the certificate of birth and the written confirmation of the identity of the child by his legal representative (the parent, the guardian, the custodian) or the all-civil passport in case of its availability.

18. The personality of foreign citizens is identified based on the national passports or other documents provided by the international treaties which became effective in the procedure established by the legislation which participant is the Kyrgyz Republic.

19. The status of the stateless person, refugee, living in the territory of the Kyrgyz Republic, proves to be true based on the documents proving their identity and the status (the certificate of the refugee and/or the residence permit, the certificate of kayrylman in the Kyrgyz Republic).

Chapter 4. Check of capacity to act of citizens and legal capacities of legal entities

20. When making notarial action the notary finds out capacity to act of citizens and checks legal capacity of legal entities.

21. When making notarial action by the representative of physical person or legal entity the notary checks powers of the representative.

22. The individual entrepreneur treats physical persons and its status is checked by means of provision of the registration certificate of the individual entrepreneur or the patent or by means of verification of the passport of the taxpayer from its personal account.

23. Capacity to act of physical person is determined based on identity documents, visually by conversation.

24. If the notary has bases to assume that any of participants of the transaction owing to sincere disease or weak-mindedness or owing to abuse of alcoholic drinks or narcotic substances, or is in alcoholic, drug, medicinal intoxication cannot understand values of the actions or direct them, then the notary refuses making of notarial action.

25. Restriction in capacity to act or recognition of person shall be confirmed to incapacitated with the judgment which took legal effect.

26. Legal capacity of legal entities, branches (representations), including foreign, is determined based on constituent documents, the register of legal entities and constituent documents.

The notary has the right to check legal capacity of the legal entity and head according to data from the electronic database of legal entities, branches (representations) and mass media of the Ministry of Justice of the Kyrgyz Republic, other official sites of state bodies, through EISN.

27. Powers of the head (executive body) of the legal entity are checked by documents on appointment or on election of governing bodies of the legal entity, both mass media of the Ministry of Justice of the Kyrgyz Republic, and other official sites of state bodies or through EISN.

28. Legal capacity of the representative of the legal entity, branch (representation) operating by proxy is determined based on the power of attorney signed by the head or the other person authorized on it by constituent documents.

In some cases, in addition to general legal capacity of the legal entity, the notary establishes availability of the special legal capacity provided by membership in self-regulatory organization or the corresponding license for implementation of certain types of activity.

29. If the special administrator, the temporary administrator or the liquidator of bank acts as the representative, the notary requires, except the documents proving his identity, the judgment (the decision of meeting of creditors/shareholders, National Bank) about initiation of process of bankruptcy, the decision of state body on cases on bankruptcy on appointment of the administrator, the judgment about appointment of the liquidator in case of involuntary liquidation of bank, license for activities of the administrators performing procedures of process of bankruptcy, the registration certificate of the legal entity, constituent documents of the legal entity - the bankrupt, the corresponding consent to transaction.

For the temporary administrator or the liquidator of bank the power of attorney is not required.

30. Except general rules of check of legal capacity of the legal entity in case of the certificate of transactions, the notary checks legal capacity of the representative for making of actions on specific questions according to constituent documents of the legal entity, the power of attorney, the decision of state body.

31. Under contractual representation the notary requests the agreement or the decision of meeting giving to the representative appropriate authority, the power of attorney.

32. Legal capacity of the foreign legal entity registered outside the Kyrgyz Republic is checked according to the legalized or apostilled statement from the register of the registration of legal entities, taxpayers confirming the status of the acting legal entity by the legislation of the country with notarially certified transfer.

Legalization and/or apostilization of documents is not required if there are relevant international agreements which participant is the Kyrgyz Republic.

Chapter 5. Language of notarial clerical work

33. The notarial clerical work is conducted in the state or official languages.

34. If person who addressed for making of notarial action does not know language in which the notarial clerical work is conducted, texts of the processed documents shall be translated to it orally or in writing by the translator or the notary having the document confirming knowledge of the corresponding language, except for the state and official languages.

If the notary knows the corresponding language, then he has the right to make independently transfer of the document, having certified fidelity of transfer according to the procedure, provided by this Instruction.

35. The notary identifies the personality, checks capacity to act and qualification of the translator. At the same time the notary warns about responsibility for incorrect, doubtful, obviously false transfer and violation of mystery of committed notarial action.

36. In case of execution of the notarial document the translator shall make transfer of the text to person who addressed for notarial action, in the presence of the notary.

In this case authenticity of the signature of the translator is not registered in the register of registration of notarial actions as independent notarial action.

Chapter 6. Bases, terms of adjournment and suspension of making of notarial action

37. The notary shall postpone making of notarial action in cases:

1) need of reclamation of additional data from physical persons and legal entities;

2) if authenticity of the submitted document raises doubts on authenticity, directs it to examination.

38. The notary shall postpone making of notarial action if it is necessary to request from interested persons about lack of objections at them against making of these actions. In this case the term of adjournment cannot exceed more than one month from the date of pronouncement of the resolution on its adjournment.

39. At the request of the addressed person the notary issues the decree on adjournment in which specifies:

1) date and place of pronouncement of the resolution;

2) surname, initials of the notary, the name of the notarial district or office of notary public which issued the decree;

3) the circumstances which caused the necessity of adjournment of making of notarial action;

4) the term for which notarial action, but is postponed no more than one month.

40. In the resolution on adjournment in connection with the direction of the document for examination the notary in addition specifies:

1) the name of the document on whose name it is issued;

2) who (surname, name, middle name, the residence) submits the document for making of notarial action;

3) the circumstances which caused the necessity of the direction of the document for examination;

4) where (to what expert organization) the document for examination production goes;

5) questions on which the expert opinion is required.

41. According to the statement of the interested person disputing in court the right or the fact for which certificate other interested person addressed making of notarial action it is removed for the term of no more than 10 working days. If during this term the interested person does not submit the supporting document about receipt of his petition, notarial action shall be made.

42. In case of receipt of court resolution about measures of security nature for the statement of the interested person disputing the right or the fact about which certificate asks other interested person making of notarial action stops to permission of case by court.

Chapter 7. Refusal in making of notarial action

43. The notary refuses making of notarial action if:

1) making of such action contradicts the legislation of the Kyrgyz Republic;

2) action is subject to making by other notary;

3) the incapacitated citizen or the representative who does not have necessary powers requested making of notarial action;

4) the transaction made on behalf of the legal entity contradicts the purposes specified in its charter or provision;

5) the transaction does not conform to requirements of the Law of the Kyrgyz Republic "About notariate";

6) the documents submitted for making of notarial action do not conform to requirements of the civil legislation of the Kyrgyz Republic;

7) person though capable, but being at present in such condition that does not understand value of the actions addressed for making of notarial action or cannot direct them (is able alcoholic, drug intoxication, etc.).

44. The notary at the request of person to whom it is refused making of notarial action shall state in writing causes of failure with reference to regulations of the civil, labor, family law of the Kyrgyz Republic and explain procedure for its appeal. In such cases the notary no later than three working days issues the decree on refusal in making of notarial action.

45. In the resolution on refusal shall be specified:

1) date and place of pronouncement of the resolution;

2) surname, initials of the notary, name of office of notary public or notarial district;

3) surname, name, middle name of the citizen who addressed for making of notarial action, the place of his residence or the name and the address of the legal entity;

4) the bases on which it is refused making of notarial action (with reference to regulations of the civil, labor and family law of the Kyrgyz Republic);

5) procedure and terms of appeal of the resolution.

46. The resolution on refusal in making of notarial action can be appealed in court in the location of the notary in ten-day working time.

Chapter 8. Basic rules of making of notarial actions

47. The notary at the request of the physical persons and legal entities which addressed for making of notarial actions, constitutes drafts of transactions and statements, makes copies of documents and statements of them, and also gives explanations/consultations concerning making of notarial actions.

48. When making notarial action according to article 24 of the Law of the Kyrgyz Republic "About notariate" the notary has the right to request physical persons and legal entities from any data and documents which are necessary for it for legal purity of the transaction or other notarial action for the purpose of respect for the principle of indisputability of notarial actions.

Specified persons shall submit data and documents (including additional) no later than ten days from the moment of receipt of the requirement to them. Responsibility for reliability of the notarial actions of data and documents provided to the notary when making is assigned to persons who presented them.

49. The notary obtains information by means of information and communication technologies from electronic bases from the websites of authorized state bodies, local government bodies, and also other data necessary for making of notarial action.

50. Notarially certified transactions, and also statements and other documents processed at the notary are signed in the presence of the notary, including with use of the device for input of the graphical information created by hand in the computer.

51. The notary does not take for making notarial actions the documents having erasures or additions, the crossed-out words and other not stipulated corrections, and also the documents constituted by pencil, having other features and raising doubts in reliability of the document at the notary.

52. If the submitted documents in paper form are stated on two or more single sheets, they shall be strung together, numbered, and the number of the strung together sheets is certified by the signature of the head and seal of the legal entity and/or integrity of the document constituting from several sheets shall be provided by its fastening or otherwise (including each page shall be certified by seal and the signature), excluding doubts in its general integrity. This requirement does not extend to electronic documents.

53. The text of notarially certified transactions shall be written clearly and accurately, the numbers relating to contents of the document and time frames are specified at least once by words, and names of legal entities - without reducings with indication of legal address. Surnames, names and middle names of citizens, their personal data, the submitted identity document, shall be written completely with indication of the place of their registration and/or the residence. In case of the certificate of transactions on behalf of foreign citizens also their nationality is specified.

54. Erasures are not allowed, the blank places of the document shall be procherknuta in order to avoid additions. At the same time the notary shall consider that if the document is intended for the subsequent legalization (apostilization), then it is necessary to provide the place for stamp of apostille and the text of consular legalization.

55. The additions and amendments having essential value for essence of the processed document (changing contents of the document or influencing terms of transaction), shall be after certifying text or at the end of the document are stipulated and confirmed with signatures of participants of the transaction or other interested persons who addressed for making of notarial action, fastened by the sign and seal of the notary.

56. The notary on the initiative or at the request of interested persons can correct only explicit slips or appreciable arithmetic and other technical errors which are not changing being of the certified or issued document. The corrections which are not changing contents of the document or not influencing terms of transaction and not requiring clause the parties at the end of the document or after certifying text make a reservation ("mistakenly written"..." not to read, written"..." to trust, corrected"... "to trust") and are confirmed by the signature of the notary sealed him. At the same time corrections shall be made so that everything mistakenly written, and then crossed out it was possible to read in the initial text.

57. When making notarial action on the relevant documents certifying texts are made in the forms established by the Ministry of Justice of the Kyrgyz Republic behind the sign and seal of the notary which part of print shall be on the left bottom corner of certifying text.

In case of lack of certifying text to any notarial action the notary makes text by analogy to similar notarial action.

58. The text of certifying text is drawn up by the handwritten text or with use of stamp with the text of the corresponding text, either is printed, or created with use of EISN.

59. The signature on certifying text is on paper carried out personally by the notary, use of facsimile reproduction of the signature of the notary by mechanical or other copying of the signature is not allowed. The electronic documents created by the notary are signed by the strengthened qualified digital signature.

60. If the certifying text does not find room on the relevant document, it can be continued or stated completely on the sheet of paper attached to the document. In this case sheets on which the text of the document and certifying text is stated proshnurovyvatsya and numbered, the number of sheets is certified by the signature of the notary with appendix of personalized notary's seal, empty seats procherkivatsya.

61. The certifying text shall bear without fail the amount of the state tax and service of legal and technical nature. In certifying texts in case of exemption of the state fee it is necessary to make reference to the relevant article of the code of the Kyrgyz Republic about the non-tax income and to specify: "It is exempted from payment of the state fee based on part 2 of article 141 of the Code of the Kyrgyz Republic about the non-tax income".

62. The notary shall provide to participants for independent reading or read aloud contents of notarially certified transaction, certificates, statements and other draft documents which are drawn up by the notary. The documents processed in notarial procedure are signed in the presence of the notary.

63. If person owing to physical defects, disease or for any other reasons cannot undersign, then according to its order, at its presence and in the presence of the notary other citizen (further - rukoprikladchik) with indication of the reasons owing to which the document could not be signed by the citizen who addressed for making of notarial action can sign the transaction, the statement or other document.

64. If person owing to physical defects has no opportunity to append the signature and does not wish to trust signing of the transaction, statement or other document from his name to the third party, it can use the facsimile signature which authenticity makes sure according to article 85 of the Law of the Kyrgyz Republic "About notariate".

65. If person who addressed for making of notarial action, the blind citizen it is also not capable to read independently, the notary reads to it the text of the document about what he on the document does mark.

If person who addressed for making of notarial action, the deaf-and-dumb citizen it is also capable to read and write independently, then the notary shall show it the text of the document for independent reading about what the citizen does mark in the document that he read the text and agrees with its content.

If the deaf-and-dumb citizen who addressed for making of notarial action is illiterate, then when making notarial action the text of the processed document shall it be translated by person owning the daktilologichesky system of tiflosurdoperevod which is specially developed for deaf, blind and mute persons.

Person who made such transfer in the presence of the notary appends the legally binding signature on the document that contents of the transaction, the statement or other document correspond to declaration of will of the blind person participating in it and the deaf-mute.

66. The notary shall register such person as the translator and warn him about responsibility for incorrect, doubtful, obviously false transfer, also certify authenticity of the signature of rukoprikladchik and/or tiflosurdoperevodchik.

In case of need making of notarial action with participation of tiflosurdoperevodchik and rukoprikladchik combination in one person of both tiflosurdoperevodchik, and rukoprikladchik is not allowed. These actions for witnessing of authenticity of the signature of rukoprikladchik, tiflosurdoperevodchik are not subject to registration in the register of registration of notarial actions as independent notarial actions, and the state fee is not collected.

67. In case when the notarial electronic document shall be signed by the applicant, the applicant signs it in the presence of the notary the digital signature.

68. All notarial actions made by the notary are registered in EISN and in registers of registration of notarial actions on paper.

69. Forms of registers of registration of notarial actions, notarial certificates, certifying texts on transactions and the witnessed documents are established by the Ministry of Justice of the Kyrgyz Republic according to article 55 of the Law of the Kyrgyz Republic "About notariate".

70. Registers shall be on paper strung together, their sheets are numbered, the number of sheets is certified by the signature of the employee of the relevant territorial administration of justice and is under seal.

71. Entry of notarial action in the register on paper is not allowed by pencil. Erasures in the register are not allowed, amendments shall be stipulated and confirmed with the signature and personalized notary's seal.

72. In case of identification in the register of mistakes in record or in numbering of notarial actions and correction of record of notarial action, and also need of cancellation of mistakenly made record the notary does about it mark in the register, sealing it the signature and nominal, without touching the column of the Section "the acknowledgment receipt of the processed document".

73. Irrespective of quantity of the certified and witnessed copies of documents, one sequence (alphanumeric) number, with mark in the register of quantity of the certified or attested copies of the document is assigned to each notarial action. Exception is witnessing of fidelity of copies of documents and witnessing of authenticity of signatures on cash cards when one sequence number is assigned to each copy of the document (the copy of the document or the cash card). Number at which notarial action is registered in the register is specified in certifying texts of the issued documents.

74. Entries in the register of registration of notarial actions on paper in which all notarial actions with gap are entered in one line are made by the blue or black handle, is accurate and legible. The reducings words allowing to establish record content, amending (дописок, additions, corrections), are admissible without fail stipulated. Amendments shall be made so that everything mistakenly written, and then crossed out or corrected it was possible to read in original form, at the same time use of the adjusting paint is not allowed. Amendments are certified by the signature of the notary.

75. In case of detection of mistakes in numbering of notarial actions in the register the notary no later than the day following behind day of detection of mistake draws up the statement certified by the signature of the notary with putting down of date and impress of a seal of the notary. The act is glued in the end of the register, on site gluing together the signature and impress of a seal of the notary who is put down so that part of print was located on the act, other part - on the register is appended.

Records can be entered in the register by the notary, the trainee of the notary, the assistant notary or other representative on it person working according to the employment contract in office of notary public or for the notary who is engaged in private practice.

76. In column 1 of the register of registration of notarial actions sequence (alphanumeric) number of notarial action since the beginning of year which shall be identical to number in the electronic register on paper is specified. Number at which notarial action is registered in the electronic register of registration of notarial actions is specified in the documents issued by the notary making of the corresponding certifying text on documents.

In column 2 date of making of notarial action which shall match with date in certifying text is specified.

In column 3 surname, the name, middle name of citizens, the name of legal entities for which notarial action is made are entered, or their representatives (parents, guardians, custodians), in the same column surname, the name, middle name of persons acting by proxy, rukoprikladchik, translators, witnesses, testamentary executors are in addition entered.

In case when the copy of notarially processed document remains in cases of the notary, the address of citizens for whom notarial action is made is not specified.

If one person or several persons after making of the notarial action registered in the register of notarial actions addressed for making of other notarial action, specifying in column 3 of the register of the words "that (that, those)" or references to number of record of the first notarial action is allowed.

In column 4 of the register series, number, date of issue who issues the passport or other document identifying the personality of the notarial action of person which was for making is specified.

The notary can specify several documents according to which he established indisputability of doubts concerning the identification which addressed.

In column 5 the summary of notarial action is specified.

Reducing words is allowed so that the sense of written was clear.

In case of the certificate of transactions in this column only the transaction type as its detailed content is stated in the transaction copy left in cases of the notary is specified, and concerning agreements the subject of the transaction is also specified.

In case of issue by the notary of the certificate the certificate type is specified: about the right to inheritance, about the property right to share in common property of spouses, issued to the surviving spouse, about finding of the citizen in live.

77. When making by the notary of executive texts, acceptance in the deposit of money and securities the name of committed notarial action is specified. In case of issue to one person at the same time of several executive texts according to documents of uniform form specifying of total quantity of the issued executive texts is allowed.

78. In case of the certificate of the document which copy does not remain in cases of the notary, the summary of the document is stated.

79. When witnessing authenticity of the signature on the document the name of notarial action and the summary of the document on which authenticity of the signature is witnessed are specified.

80. When witnessing fidelity of copies of the document the name of the document, its short content, surname, name, middle name of the citizen which possesses this document by whom it is issued also date of its issue are specified. If fidelity of several copies of one document is witnessed, independent number is assigned to each copy, in the register the number of the witnessed copies is specified. If the copy of the document is stated on several pages, then the number of pages is specified.

If one copy on one page is witnessed, the number of copies and pages is not specified.

If the notarial document is made electronically, then the form of the notarial document is also specified.

In column 6 the amount of the collected state fee for making of notarial actions is specified. If person for whom notarial action is made is exempted from payment of the state fee, the release basis with reference to the relevant article of the code of the Kyrgyz Republic is specified "About the non-tax income".

When making notarial action out of premises of notary office in column 6 of the register the address to which notarial action is made is specified.

In column 7 person undersigns for receipt of the processed document.

81. If the same person addressed at the same time for making of several notarial actions which consistently are registered in the register, its surname and initials can be specified in column 3 of the register once in case of registration of the first notarial action made for this person. In case of registration of the subsequent notarial actions made for this person putting down only of the signature is allowed.

82. In case of the direction the notary of the certificate on the right to inheritance and the certificate on the property right to share in common property of spouses granted to the surviving spouse, the duplicate of the notarial document by mail or electronically to the e-mail address of the applicant and also in other cases when notarial action can be in the absence of the addressed person in column 7 of the register about it the corresponding mark becomes. At the same time putting down of the signature, surname and initials of person who addressed for making of notarial action, is not required.

83. The notary issues statements from registers of registration of notarial actions according to the petition from citizens and legal entities, according to the order or concerning which notarial actions, and also according to the written requirement of court, prosecutor's office, investigation authorities, in connection with the criminal or civil cases which are in their production, and to authorized state body in the field of financial investigation in the cases provided by the Law of the Kyrgyz Republic "About counteraction to financing of terrorist activities and to legalization (washing) of the criminal income" were made.

The statement from the register is registered in the register of registration of notarial actions with making of certifying text as independent notarial action with collection of the state fee.

84. In case of loss or the spoil of the documents certified or issued by the notary according to the written application of the citizen or legal entity, from name, according to the order or concerning which notarial action, the duplicate of the lost or damaged document was made it is issued by the notary in whose archive the document copy is stored.

If the document is in departmental notarial archive of the Ministry of Justice of the Kyrgyz Republic, then the duplicate is issued by departmental archive according to the procedure, established by the Ministry of Justice of the Kyrgyz Republic.

85. In cases when the notary stopped the activities, its activities are suspended, are absent in view of disease, labor leave or for other reasons is not provided possible to request the document, according to article 42 of the Law of the Kyrgyz Republic "About notariate", registrars in departmental notarial archive issue duplicates of documents and witness fidelity of copies and statements from documents which are stored in cases of these archives.

86. Documents based on which notarial actions are made join the job specification of cases left at the notary.

87. If notarially certified (attested) document does not remain in cases at the notary, then the detailed text of its content is entered in the register of registration of notarial actions.

88. In case of execution of transactions and making of other notarial action to the notary authentic documents in paper form or electronically which the notary checks for authenticity are submitted.

89. The notary leaves in cases originals of paper documents in case of the transactions connected with alienation of personal and real estate, registration of inheritance or attaches the printed-out electronic documents on paper with notarial witnessing of their identity to the electronic document.

90. In cases of alienation of share of property, inheritance or issue of the certificate on the property right of the surviving spouse when title owner is the addressed person, the notary retains the copy of the title document, at the same time on the provided original of the title document does the corresponding mark about what is made notarial action, with indication of its number, date, fastens with the sign and seal.

91. In case of return of authentic documents (certificates of birth, about scrap, about death) to persons which provided them or in case of termination of earlier signed agreements, the notary has copies of documents with the mark "the copy with the original are true" or "true copy".

92. During the work with electronic documents the notary is guided by the legislation of the Kyrgyz Republic in the field of the digital signature, electronic control and article 49 of the Law of the Kyrgyz Republic "About notariate".

93. The notary verifies authenticity of the electronic document submitted to him by verification of the digital signature of the person which signed and issued the document if the document is signed by the strengthened digital signature, then the certificate of key of verification of the signature through accredited certification center is in addition checked.

94. If the electronic document is created by the notary, and it is signed online by the digital signature of the addressed person, the notary similarly verifies authenticity of the digital signature of the addressed person if it is signed by the strengthened digital signature, in addition checks the certificate of key.

95. At the request of the addressed person the notary has the right to transfer the paper document to electronic format and the electronic document in paper format, and registers it as independent notarial action with collection of the state fee. Exception is the electronic passport proving the identity and the agreements constituted in simple written form when the notary cannot verify authenticity of the signature of persons which signed them.

Chapter 9. Observance of mystery of the made notarial actions

96. The notary shall keep in secret data which became known to him 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.

97. The direction the notary of copies of agreements in paper or electronic type for state registration in the Unified state register of registration of the rights to real estate and transactions with it is not disclosure of mystery of notarial actions.

Information sent by the notary to tax authority necessary for calculation of tax on the property, on property value which is carrying over citizens according to the procedure of inheritance or donation is not disclosure of notarial secret.

98. Data on committed notarial actions, and also copies of documents are issued only to those physical persons and/or legal entities, according to the order or concerning which notarial actions were made. Data and copies of documents are issued to representatives of specified persons if such right for the attorney was stipulated in the power of attorney, otherwise it is necessary to request the warrant for receipt of such data, the duplicate (archive copy) of notarial action or other documents relating to committed notarial action.

99. Requirements, orders and requests of court, prosecutor's office, investigation authorities and the inquiries shown within their powers established by the relevant procedural legislation of the Kyrgyz Republic are obligatory for execution.

In need of withdrawal by authorized bodies of the documents confirming making of notarial action, dredging shall be made based on court resolution according to Article 212 of the Criminal Procedure Code of the Kyrgyz Republic.

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