ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of September 3, 2026 No. 881

About modification and amendments in some orders of the Minister of Justice of the Republic of Kazakhstan

I ORDER:

1. Approve the enclosed list of some orders to which changes and additions are made, according to appendix to this order (further - the List).

2. To provide to committee of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order;

2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

4. This order becomes effective since September 8, 2026, except for paragraphs of the eighty sixth, eighty seventh, ninety second Item 1 and Item 7 of the List which become effective since January 1, 2027, and is subject to official publication.

Approved by the order of the Minister of Justice of the Republic of Kazakhstan of September 3, 2026, No. 881

The list of some orders of the Minister of Justice of the Republic of Kazakhstan to which changes and additions are made

1. Bring in the order of the Minister of Justice of the Republic of Kazakhstan of January 31, 2012 No. 31 "About approval of Rules of making of notarial actions by notaries" (it is registered in the Register of state registration of regulatory legal acts at No. 7447) the following changes and amendments:

in Rules of making of the notarial actions by notaries approved by the specified order:

to state paragraph two of Item 1 to the following edition:

"Other notarial actions made by the notary can be provided by the laws of the Republic of Kazakhstan.";

state Item 2 in the following edition:

"2. Notarial actions are made as indoors, and out of premises of office of notary public or the room of the private notary within the respective notarial district. If notarial action is made out of premises of office of notary public and the room of the notary, then in certifying text on the document in the electronic register of Single notarial digital system (further - the electronic register of ENTsS) the place of making of notarial action with indication of its address and time registers.

Notarial actions with departure are made based on the statement of the interested person and have no permanent character.

If person addresses for making of notarial action by means of the web portal of "the digital government", then the location of the room of the notary is considered the place of making of this notarial action.";

the paragraph one of Item 7 to state in the following edition:

"7. According to article 43 of the Law the notary finds out capacity to act of physical persons and legal capacity of the legal entities participating in transactions.";

17, 18 and 22 to state Items in the following edition:

"17. In notarially certified document the notary can correct the spelling, grammatical or technical errors which are not creating change, the termination of the civil laws and obligations, and also not affecting the rights and the interests of the third parties protected by the law which make a reservation at the end of certifying text with putting down of the sign and seal of the notary.

Corrections are made to all copies of notarially certified document, at the same time each correction makes a reservation at the end of certifying text with putting down of the sign and seal of the notary and specifying of date of introduction of correction.

Introduction of corrections is performed based on the statement of person who addressed for making of notarial action.";

"18. The notary explains to person who addressed for making of notarial action, its rights and obligation and also warns about effects of the made notarial action that legal lack of information was not used to it in harm (the subitem 2) of Item 1 of article 18 of the Law).";

"22. In confirmation of inheritance right, the property right, the certificate of the facts of finding of the citizen in live and in certain place, transfers of the statement of physical persons and legal entities to other physical persons and legal entities, acceptances on document storage, powers of the testamentary executor, executor, appropriate certificates are granted.

In case of appointment of the trustee the inheritance, refusal in making of notarial action, adjournment or suspension of notarial action by the notary issues the relevant decree.";

The fourth Item 27 to state the paragraph in the following edition:

"If the duplicate is issued by the notary to the confided person based on the power of attorney in certifying text, the surname, name, middle name (is entered in case of its availability) person who received the duplicate.";

state Items 32 and 33 in the following edition:

"32. In case of detection by the notary of the mistake made by it when making the notarial action contradicting the current legislation reports about it to the parties (persons) who addressed it for making of notarial action, to take measures for cancellation (termination) of notarial action according to the Law, and in case of impossibility of cancellation (termination) of notarial action, without delay notifies law enforcement agencies, for acceptance of necessary measures or takes a legal action for cancellation of notarial action.";

"33. When making notarial actions the notary applies rules of law of other states according to articles 100-104 of the Law.";

add with Chapter 2-1 of the following content:

"Chapter 2-1. Making of notarial action far off by means of the web portal of "the digital government"

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