IT IS REGISTERED
in Ministry of Justice of the Republic of Tajikistan
January 24, 2006
Registration No. 178
Approved by the Resolution of board of the Ministry of Justice of the Republic of Tajikistan of January 5, 2006 No. 1
Besides any other actions assigned to them by the legislation of the Republic of Tajikistan can be made by notary offices.
2. In the activities notaries public, hereinafter referred to as "notaries", are guided by the Constitution of the Republic of Tajikistan, the Law of the Republic of Tajikistan "About the state notariate", this Instruction and other regulatory legal acts and international legal acts recognized by the Republic of Tajikistan. In the established cases, notaries apply also the legislation of other states.
Notaries have no right to submit documents for acquaintance to persons which are not the parties of notarial production differently as in cases and according to the procedure of stipulated by the legislation the Republic of Tajikistan.
References, documents and copies of documents on committed notarial actions of the notary offices which are stored in archives are issued only to citizens and legal entities, according to the order or concerning which notarial actions, that is, to the participants of specific notarial action, their legal successors, persons who obtained certain rights to notarially certified order, and also representatives of all listed subjects were made. Powers of the representative shall be drawn up properly.
Withdrawal from the general rule about observance of mystery of the made notarial actions are specified in Art. 25 of the Law of the Republic of Tajikistan "About the state notariate"
Certificates of notarially certified wills (about availability of the will, its content, etc.) are issued to the testator, and beneficiaries under a will and under the law only after the death of the testator in case of presentation of the certificate on his death. This rule extends also in case of issue of the specified data to judicial authorities, prosecutor's office, to bodies of pretrial investigation and inquiry, on being in their production of criminal and civil cases.
The data received when taking measures to protection of inheritance from banks and other credit and financial organizations, connected with the testator, the available deposits on accounts or money (currency), the currency and other values belonging to the testator the notary transferred them on storages can tell only the testamentary executor and heirs.
Upon the demand of court, prosecutor's office, bodies of pretrial investigation and inquiry of the reference, documents and their copies on the made notarial actions which are stored in archives of notary offices are issued according to the procedure provided by the criminal procedure, civil and procedural legislation and economic legal proceedings, in connection with being in their production by criminal and civil cases with submission of the necessary act of receipt of these data, documents and their copy, constituted according to established by the legislation of the Republic of Tajikistan. The necessary act shall contain the bases of reclamation of the data, documents and their copy which have essential value for permission of the criminal or civil case which is in their production.
The list of persons having the right to data documents and their copies on committed notarial actions is exhaustive. Similar data, documents and their copies, except directly specified state bodies to anybody, including to lawyers are not issued.
Rules about observance of mystery of notarial actions extend also to persons who knew of committed notarial actions in connection with accomplishment of service duties by them.
Requirements of secret need to be considered also in case of accomplishment of requests of competent instances, documentation shall be transferred in the ways and by methods excluding acquaintance of strangers with it.
The mystery of notarial action is official secret.
Notaries, and also other employees of notary offices who knew of committed notarial actions in connection with accomplishment of service duties by them the mysteries, guilty of disclosure, of the made notarial actions, are made responsible according to the procedure established by the legislation of the Republic of Tajikistan.
4. According to the legislation of the Republic of Tajikistan notary offices are not authorized state bodies in the field of state registration and accounting of property of physical persons and legal entities therefore the certificate of availability and structure of property is not issued to them.
6. Notarial actions can be made in any notary office in all territory of the Republic of Tajikistan, except as specified, of the provided items п 45, 70, 71, 81, 89, 95, 106, 150, 159, 174, 295, 304, 336, 355, 361, 383, this Instruction, and other cases when according to the legislation of the Republic of Tajikistan notarial action be made in certain notary office.
7. Notarial actions are made in notary office. In some cases notarial actions can be made out of premises of notary offices if citizens, for whom they are made, due to illness, of disability or on other reasonable excuse cannot be to premises of notary office.
If notarial actions are made out of premises of notary office, then in certifying text on the document and in the register for registration of notarial actions the place of making of notarial action with indication of the address registers.
8. Notarial actions are made in case of presentation of all necessary documents and payments of the state fee.
9. Making of notarial actions can be postponed in case:
- need of reclamation of additional data or documents from physical persons and legal entities;
- directions of documents for examination.
Making of notarial actions shall be postponed if by law it is necessary to request interested persons about lack of objections from them against making of these actions. The term for which making of notarial action is postponed cannot exceed one month.
10. According to the statement of the interested person wishing to take a legal action for contest of the right or the fact about which certificate asks other interested person making of notarial action it can be postponed for term no more than ten days. If in this time the message on receipt of the statement is not received from court, notarial action shall be made.
The repeated statement from the same interested person is not adopted.
11. In case of obtaining from court of the message on receipt of 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 as, the dispute on the right which arose between interested persons based on committed notarial action, is considered by courts according to the procedure of claim production.
Bodies of prosecutor's office, investigation and inquiry stop making of notarial action by property attachment according to criminally - the procedural legislation.
12. When making notarial actions notaries identify the personality of the notarial actions of citizens, their representatives or representatives of legal entities which addressed for making.
The personality of citizens is identified based on the passport or any other document officially issued by state body where there is the certified photo of this person.
When making notarial actions, when there is no need for clarification of nationality, marital status or the residence, identification can is made based on the identity certificate excluding any doubts concerning the identity of the citizen.
The identity of the minors which did not reach 16 years is established according to the certificate of birth and is confirmed by the legal representative or the guardian (custodian).
The personality of the military personnel is identified based on the identity certificate or the military ID issued by command of military units and military organizations.
The identity of persons exempted from places of detention is established according to the certificate of release.
The identity of the foreign citizens and persons without citizenship living in the territory of the Republic of Tajikistan is established by the form on residence in the Republic of Tajikistan or according to the national passport.
Identification when witnessing fidelity of copies of documents and statements from them is not obligatory.
Identity documents of the notarial actions of physical persons, their representatives or representatives of legal entities which addressed for making, return to persons which provided them without leaving of copies, but in the register the information about these persons according to item 24 of this Instruction registers.
13. In case of the certificate of transactions and making of some other notarial actions (for example, when witnessing authenticity of signatures on documents) authenticity of signatures of participants of the transactions and other persons who addressed for making of notarial actions is verified.
Notarially certified transactions, and also statements and other documents are signed in the presence of the notary public. If the transaction, the statement or other document are signed in the absence of the notary public, signatory shall confirm personally that the document is signed by him. The notary public notes this circumstance in the processed document.
If the citizen owing to physical defects, disease, illiteracy or for any other reasons cannot undersign with own hand, according to its order, at its presence and in the presence of the notary other citizen with indication of the reasons owing to which the document could not be signed with own hand by the citizen who addressed for making of notarial action can sign the transaction, the statement or other document.
If the citizen who addressed for making of notarial action, illiterate or blind, the notary, besides, reads to it the text of the document about what he on the document does mark.
If the citizen who addressed for making of notarial action - deaf, mute or deaf-and-dumb, then when making notarial action there shall be competent person at its choice which can have a talk with it and certify the signature that contents of the transaction, the statement or other document correspond to will participating in it deaf, mute or deaf-and-dumb. Responsibility for fidelity сурдо - transfer is assigned to this person according to the legislation.
The notary can not require corporal appearance of officials of the companies, organizations, organizations if in cases of notary office (according to entries in the register or in the job specification which is specially created for these purposes) there are data on check of powers, the specimen signature of these officials received in case of the personal address, and authenticity of their signature does not raise doubts.
15. Notaries have the right to request physical persons and legal entities of the data and the documents necessary for making of notarial actions. The corresponding data and documents shall be submitted in time, specified by the notary. This term cannot exceed one month.
16. Notaries public do not take for making notarial actions the documents having erasures, additions, the crossed-out words and other not stipulated corrections, and also documents which texts cannot be read.
Also the documents stated on two and more single sheets are not accepted if sheets are not strung together, are not numbered also the number of the strung together and numbered sheets is not certified by the signature of the official and seal of the organization which issued the document.
18. 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 copy-book, and names legal лицбез reducings with indication of addresses of their bodies. Surnames, names and middle names of citizens shall be written completely with indication of the place of their residence. Data of the document proving the identity shall be also reflected in texts of notarially certified transactions. In case of the certificate of transactions on behalf of foreign citizens also their nationality is specified.
Blank until the end of line and other empty seats on documents procherkivatsya, except for the documents intended for action abroad in which crossed out sections are not allowed.
If notarially certified document is signed by persons, corrections in it make a reservation and confirmed by signatures of these persons, and also at the end of certifying text the signature of the notary with appendix of its seal. At the same time corrections become so that everything mistakenly written, and then crossed out it was possible to read in the initial text. The corrections made in the text of the document which is not signed by persons (for example, the certificate on the right to inheritance) make a reservation only the notary and are confirmed by its signature with sealing.
If the document which is subject to the certificate or certification is stated incorrectly or illiterately, the notary public suggests the addressed person to correct it or to constitute new. At the request of addressed the document can be constituted by the notary.
In cases, the documents when certified, issued or witnessed are stated on several single sheets, they shall be strung together, their sheets are numbered. The number of the strung together sheets is certified by the signature of the notary with sealing.
19. If the notary finds out that as a result of the made mistake, the notarial action made by him is wrong, he shall bring about it to the attention of the prosecutor for acceptance in accordance with the established procedure of measures to cancellation of the specified notarial action. About the representation made to the prosecutor, the notary informs the Ministry of Justice of the Republic of Tajikistan, Justice department of the respective areas.
The notary on the initiative or at the request of interested persons has the right to correct the slips or arithmetic errors which are not changing being of the certified or issued document.
20. In case of the certificate of transactions, witnessing of fidelity of copies of documents and statements from them, authenticity of the signature on documents, fidelity of transfer of documents from one language on another, in case of the certificate of time of production of documents on the relevant documents certifying texts in the forms approved by the Ministry of Justice of the Republic of Tajikistan signed by the notary with sealing are made.
The text of certifying text shall be printed with use of technical means, erasures are not allowed, the blank places shall be procherknuta, additions and other corrections make a reservation the notary and are confirmed by its signature with sealing.
Stamps with the text of the corresponding text can be applied to making of certifying texts. In some cases texts can be performed rukopisno.
The certifying text on the document is located right after the signature of person (persons) on the same page.
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 sealing.
For statement of certifying text or its continuation also subbonding of the sheet of paper with sealing which part of print shall be on the glued leaf is allowed. The attachment of sheets of paper for certifying text about witnessing of fidelity of the copy of the document is not allowed.
21. In confirmation of inheritance right, the property right, the certificate of the facts of finding of the citizen in live and in certain place, identity of the citizen with person represented in the photo, acceptances on document storage appropriate certificates are granted.
Notarially certified transactions, the granted notarial certificates are constituted at least in duplicate.
At the same time copies of the documents issued to persons who addressed for making of notarial action shall be made on stamp forms with the established degree of protection, and the copy of the document left in cases of notary office is made on regular paper.
22. If authenticity of the submitted document raises doubts, notaries have the right to detain this document and to direct it to examination.
About the direction of the document for examination the notary issues the decree in which are specified:
- date of pronouncement of the resolution;
- surname, initials of the notary public who issued the decree, and the name of notary office;
- the name of the document on whose name it is issued;
- who (surname, name, middle name, the residence) submits the document for making of notarial action;
- the circumstances which caused the necessity of the direction of the document for examination;
- where (to what expert organization) the document for examination production goes;
- questions on which the expert opinion is required.
- The notary at the request of person to whom it is refused making of notarial action shall state causes of failure in writing and explain procedure for its appeal. In these cases the notary not later than in seven-day time from the date of the request for making of notarial action issues the decree on refusal in making of notarial action.
In the resolution on refusal shall be specified:
- date of pronouncement of the resolution;
- surname, initials of the notary who issued the decree, and the name of notary office;
- 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, and also this his representative);
- about what making of notarial action asks addressed;
- motives for which it is refused making of notarial action (with reference to the legislation);
- procedure and terms of appeal of refusal.
The resolution on refusal in making of notarial action is constituted in duplicate, certified by the signature of the notary with appendix of its seal and is registered in the book of outgoing correspondence. One copy is handed or goes to person to whom it is refused making of notarial action. Other copy of the resolution with the signature of person to whom the resolution or with mark about the direction by mail is handed (delivery) to person to whom it is refused making of notarial action is left in cases of notary office.
The resolution on refusal in making of notarial action can be appealed in court in the location of notary office in the terms established by the civil and procedural legislation.
The notary does not issue the decree on refusal in making of notarial action, when there is no the bases for refusal, but for making of notarial action the judgment about establishment of the dispositive fact having essential value for case is required. In this case, the notary postpones making of notarial action and explains to person its right to take a legal action with the statement for factual determination according to the procedure of special proceeding according to the civil and procedural legislation. At the request of interested persons the notary can issue the decree on adjournment of making of notarial action.
24. All notarial actions made by notaries are registered in the register for registration of notarial actions. The separate sequence number is assigned to each notarial action. Number at which notarial action is registered in the register is specified in the documents issued by the notary and in certifying texts.
Registers shall be strung together, their sheets are numbered. The number of sheets shall be certified by the signature of the authorized officer of the Ministry of Justice of the Republic of Tajikistan, regional justice departments and is under seal relevant organ of justice.
Entry of notarial action in the register is made by the notary only after the certifying text or the document issued by notary office are signed by the notary. Entry in the register pencil is not allowed. Erasures in the register are not allowed, amendments shall be stipulated and confirmed with the signature of the notary, putting down of seal is not allowed.
In notary offices there can be several registers according to the procedure determined by the Chief or senior notary. In this case the independent index is appropriated to each register. Numbers on documents are designated thus: N 1-1, N 1-2, N 2-1, etc. where the first figure means number of index, and the second - sequence number of record. Number of index of each register remains without change within year.
If independent registers are entered for record of certain types of notarial actions, to index of each register the letter corresponding to the name of notarial action, for example increases: N 1K, N 2K, N 3I, N 4H that means, the first and second - registers for record of witnessing of fidelity of copies of documents, third - for record of executive texts, the fourth - for record of the granted certificates on the right to inheritance, etc. Numbers on the documents which are written down in such registers are designated as follows: N 1K-1, N1K-2, etc.; N 2K-1, N 2K-2, etc.; N 3I-1, N 3I-2, etc.; N 4H-1, N4N-2, etc. In column 1 of the register for record of notarial actions the sequence number of notarial action since the beginning of year is specified. Number at which notarial action is registered in the register is specified in the documents issued by the notary and in certifying texts on documents.
In column 2 date of making of notarial action is specified. This date shall match with the date specified in certifying text, in the certificate or in other document processed by the notary.
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 (the parents, guardians, custodians, persons acting by proxy), in this column surname, the name, middle name of the citizens who subscribed for persons who are not able independently are in addition entered to undersign, and also translators and witnesses. If for witnessing of fidelity of the copy of the document not that citizen addressed to whom this document, and at its request other citizen is issued was, then the surname, name, middle name of the been citizen and the place of his residence is entered. In case the copy of notarially processed document remains in cases of notary office, the address of citizens for whom notarial action is made is not specified.
In column 4 of the register series, number, date of issue and who issues the passport or other document identifying the personality of the notarial action of person which was for making and year of birth - in confirmation of check of capacity to act of participants in case of the certificate of transactions and making of some other notarial actions is specified.
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