ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of November 18, 2010 No. 283

About approval of the Instruction about procedure and conditions of putting down of apostille

For the purpose of realization of provisions of the Convention canceling the requirement of legalization of foreign official documents of October 5, 1961, and also according to the resolution of Provisional Government of the Kyrgyz Republic "About measures for realization of provisions of the Convention canceling the requirement of legalization of foreign official documents" of June 10, 2010 the No. 75 Government of the Kyrgyz Republic decides:

1. Approve the enclosed Instruction about procedure and conditions of putting down of apostille.

2. This resolution becomes effective from coming into force of the Convention canceling the requirement of legalization of foreign official documents of October 5, 1961 for the Kyrgyz Republic.

3. Publish this resolution in mass media.

Approved by the Order of the Government of the Kyrgyz Republic of November 18, 2010 No. 283

The instruction about procedure and conditions of putting down of apostille

I. General provisions

1. This Instruction about procedure and conditions of putting down of apostille (further - the Instruction) determines procedure and conditions of putting down of apostille by all authorized state bodies given the right of putting down of apostille on the official documents made in the territory of the Kyrgyz Republic.

2. The purpose of the procedure of putting down of apostille is providing guarantee of authenticity and proper execution of the apostilled documents intended for action in the territory of member countries of the Convention canceling the requirement of legalization of foreign official documents of October 5, 1961 (further - the Hague Convention).

3. In this Instruction the following terms are used:

apostille - the special stamp certifying authenticity of the signature, quality in which person which signed the document and in proper case authenticity of seal or stamp which fasten this document acted;

apostilization - the procedure of putting down of print of stamp "Apostille" on the official documents coming from the Kyrgyz Republic for their representation in the territory of the State Parties of the Hague Convention;

the participant of the Hague Convention - the state which signed and joined the Hague Convention;

authorized state bodies - the state bodies having rights of putting down of apostille;

asterisk - dense paper which is stuck in the place of fastening of document sheets and on which the official stamp of the body which put down apostille is put down.

4. In the activities authorized state bodies are guided by the Hague Convention, regulatory legal acts of the Kyrgyz Republic and this Instruction.

5. For putting down of apostille collection in the procedure established by the legislation of the Kyrgyz Republic is levied.

II. The documents which are subject to apostilization

6. Official documents which are accepted in the territory of the Kyrgyz Republic are subject to apostilization and are subject to use in the territory of other state, the participant of the Hague Convention.

7. As the official documents which are subject to apostilization are accepted:

a) the documents proceeding from state bodies (organizations, notaries), local government bodies and their officials, including from law enforcement and judicial authorities;

b) the notarial certified documents;

c) documents with official marks (marks about the registration, visas confirming certain date, assurance of the signature on the document which is not certified at the notary).

8. Originals of the official documents issued by bodies of the Kyrgyz Soviet Socialist Republic and the former republics of the Union of Soviet Socialist Republics cannot be apostilled in the territory of the Kyrgyz Republic. The apostille can be put down on copies of such documents, notarized in the territory of the Kyrgyz Republic.

9. The apostille is not put down:

a) on the documents made by embassies or consular establishments of the Kyrgyz Republic;

b) on the documents having a direct bearing on commercial or customs transactions.

Exception are the following documents: constituent documents, the patent documentation coming from state body (the registration certificate, the license);

c) on the documents which are not subject to export and transfer abroad (military IDs, the identity certificate, passports).

10. The official documents issued by other states cannot be apostilled in the territory of the Kyrgyz Republic.

III. Apostilization terms

11. Terms of apostilization of documents shall not exceed 2 working days from the date of submission of documents.

12. In case of need shall not exceed reclamations of the specimen signature and confirmation of powers on right to sign of the official who signed the official document submitted on putting down of apostille, and (or) reclamation of sample of impress of a seal or stamp of state body, local government body, the official from whom the official document proceeds the term of apostilization 30 days.

13. In case of doubts concerning authenticity of the signature, seal or stamp of state body, local government body, the official, person, responsible for putting down of apostille, has the right to perform additional verification of the document.

The state body to which the inquiry for conducting check of compliance of authenticity of the signature is sent of quality in which person which signed the document acted, authenticity of seal or stamp which fasten the document shall provide irrefragable answer to the requesting body within 3 working days.

IV. Procedure and conditions of putting down of apostille

14. Documents for putting down of apostille are accepted both in originals, and in notarially attested copies.

15. Execution of function on putting down of apostille includes the following procedures:

- acceptance and document registration;

- determination of jurisdiction and lack of the bases for refusal in putting down of apostille;

- check of compliance of the signature of the official and impress of a seal or stamp of body on the official document to the available samples;

- putting down of apostille or refusal in putting down of apostille (in case of establishment of the bases for refusal in putting down of apostille);

- issue of documents.

16. For putting down of apostille are represented:

- the statement for putting down of apostille on the official document (appendix 1, 2);

- the identity document (is shown);

- the official document which is subject to export on the territory of foreign state, the participant of the Hague Convention, proceeding from state body, local government body, the official, notarially certified in accordance with the established procedure, except as specified, stipulated by the legislation;

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