of May 30, 1998 No. 70
About notariate
Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on May 6, 1998
The notariate represents system of state bodies, officials and private notaries 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.
The private notary performs the functions delegated by the state specified in part one of this Article.
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.
Notarial actions in the Kyrgyz Republic are made according to this Law by the state and private notaries.
In absence cases in the settlement of the notary the state powers on making of 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.
Notarial actions in the territory of other states are made by the officials of consular establishments of the Kyrgyz Republic authorized on making of these actions.
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.
The citizen of the Kyrgyz Republic having the higher legal education, the years of service on legal specialty at least three years which passed six-months training at the state or private notary, passed the qualification examination having the license for the occupation right private notarial activities can be the private notary. The procedure for passing of training is determined by the Government of the Kyrgyz Republic.
The notary public is government employee. To occupation notarial activities do not allow persons:
- recognized as incapacitated or it is limited capable in the procedure established by the law;
- having criminal record for intentional crime irrespective of, it is removed or it is extinguished.
Persons who worked as the notary public at least 5 years obtain the license for the occupation right private notarial activities without passing qualification examination based on the decision of the qualification commission according to part two of article 12 of this Law.
When making notarial actions notaries have the equal rights and bear identical responsibility.
The documents processed by the state and private notaries have identical legal force.
Notaries have the right to create notarial chambers.
The rights and obligations of the notary are determined by this Law.
The notary when implementing notarial activities is impartial, independent and is guided by the Constitution, other regulatory legal acts of the Kyrgyz Republic.
- Voided by the Law KR of March 4, 2010 No. 45.
The notary has no right:
be engaged in business activity and any other activities, except notarial, scientific and teaching;
render intermediary services in case of the conclusion of agreements;
make notarial actions on the name and on its own behalf, addressed to and on behalf of the spouse (the spouse), their and relatives (parents, children, grandsons, brothers, sisters, the grandfather, the grandma);
make notarial actions addressed to and from employee name of this notary office, the workers consisting in employment relationships with the notary.
Notaries and other 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 service duties by them including after the termination of the employment contract.
Data on committed notarial actions, and also the documents concerning them are issued only to physical persons and legal entities at the request of which or concerning which notarial actions were made.
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 body of financial investigation according to the legislation of the Kyrgyz Republic in the field of counteraction to financing of terrorist activities and to legalization (washing) of the criminal income.
Provision of data and documents on committed notarial actions in any other cases is forbidden.
Data on the will are issued only after the death of the testator.
The notarial clerical work is performed by the notaries and other officials making notarial actions according to the rules approved by the Government of the Kyrgyz Republic.
Control of execution of rules of notarial clerical work by notaries and officials of executive bodies performs the Ministry of Justice of the Kyrgyz Republic.
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