of April 20, 2011 No. 179
About questions of notarial activities
In pursuance of the laws of the Kyrgyz Republic "About notariate", "About regulatory legal acts of the Kyrgyz Republic", for the purpose of further enhancement of notarial activities the Government of the Kyrgyz Republic decides:
1. Approve enclosed:
2. To the Ministry of Justice of the Kyrgyz Republic to bring the decisions into accord with this resolution.
4. Publish this resolution in mass media.
Approved by the Order of the Government of the Kyrgyz Republic of April 20, 2011 No. 179
1. This Instruction determines the basic rules of making of notarial actions.
According to article 1 of the Law of the Kyrgyz Republic "About notariate" the notary in the activities is guided by the Constitution of the Kyrgyz Republic, the Code of the Kyrgyz Republic about the non-tax income, the Law of the Kyrgyz Republic "About notariate", other regulatory legal acts of the Kyrgyz Republic and international treaties which became effective in accordance with the established procedure which participant is the Kyrgyz Republic.
The paragraph third Item 1 ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 30.03.2015 No. 172
Notaries apply in the established cases the legislation and other states.
2. Notarial production belongs to system of the civil jurisdiction. When making notarial actions the notary is guided by civil regulations; the notary certifies, witnesses, makes notarial actions concerning persons - participants of the legal relationship falling under civil regulation.
The notary makes any notarial actions which are not contradicting the legislation of the Kyrgyz Republic.
3. The private notary shall register in the Ministry of Justice of the Kyrgyz Republic the room for making of notarial actions within the notarial district providing public nature of notarial activities, including access for citizens and legal entities for receipt of services of the notary, the mystery of making of notarial actions, storage of materials of notarial clerical work.
In case of change of the place of making of notarial actions, the private notary shall inform the Ministry of Justice of the Kyrgyz Republic in three-day time and be re-registered.
4. The room for making of notarial actions shall be placed in the building of the capital construction project belonging to the category of non-residential premises out of the room occupied by the notary public and also to consist of office of the notary, reception for visitors.
5. The room for making of notarial actions shall be the fireproof, guaranteed against flooding, equipped corresponding computer equipment, stock for proper making of notarial actions, the safe for storage of materials of notarial clerical work and forms of the strict reporting.
Availability and compliance to the established requirements of the room for making of notarial actions is confirmed by the conclusions of specialists of relevant organs (sanitary and epidemiologic service, fire service, service on power and gas) and the conclusion of the specialist of territorial authority of justice.
6. Notaries shall observe the mystery of the made notarial actions.
Data on committed notarial actions, documents and copies of documents are issued only to physical persons and legal entities, according to the order or concerning which notarial actions were made.
Data on wills (about will availability, its content, etc.) are issued to the testator, and after his death to any person from among expected heirs upon presentation of the document confirming death fact.
7. Upon the demand of court, prosecutor's office, investigation authorities and inquiry of the data on committed notarial actions, documents and copies of documents are issued in connection with the criminal or civil cases which are in their production.
It is necessary to understand confirmation or denial of the fact of making by the notary of notarial action without provision of the documents which are stored in archive of the notary as issue of certificates of committed notarial actions.
Data, documents and copies of documents are issued by notaries only according to the written requirement of the specified bodies, relevant organs under seal. Provision of data and documents on committed notarial actions in any other cases is forbidden.
In need of withdrawal of the documents confirming making of notarial action, authorized bodies dredging based on court resolution shall be made.
At the prosecutor the right to reclamation of data on committed notarial actions arises from the moment of initiation of legal proceedings by authorized body.
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.
Notaries, and also persons who knew of committed notarial actions in connection with accomplishment of service duties by them the mysteries, guilty of violation, of the made notarial actions, bear responsibility according to the procedure, established by the legislation of the Kyrgyz Republic.
8. According to Art. 21 of the Law of the Kyrgyz Republic "About notariate" notaries shall render physical persons and legal entities assistance in realization of their rights and protection of their legitimate interests, to explain them the rights and obligations, to warn about effects of the made notarial actions legal lack of information and other similar circumstances could not be used by it to the detriment.
Notaries at the request of the physical persons and legal entities which addressed for making of notarial actions, constitute drafts of transactions and statements, make copies of documents and statements of them, and also give explanations/consultations concerning making of notarial actions.
If person who addressed for making of notarial action does not know language in which the clerical work is conducted, texts of the processed documents shall be translated to it by the notary or the translator.
If the text of the processed document is orally translated by person knowing language of person who addressed for making of notarial action, the notary identifies the personality and capacity to act of this person is checked. At the same time the notary warns about responsibility for accuracy of translation and violation of mystery of committed notarial action, witnesses authenticity of the signature of person who orally made transfer of the text of the processed document. This action is not registered in the register magazine as independent notarial action.
10. The procedure for the organization of clerical work by the notary is established by the Government of the Kyrgyz Republic.
11. Rules of making of notarial actions and the procedure for application by the notary of civil regulations is determined by the Law of the Kyrgyz Republic "About notariate", this Instruction, the Instruction about clerical work, instructions of the Ministry of Justice of the Kyrgyz Republic.
Notarial actions can be made by any notary in all territory of the Kyrgyz Republic, except as specified, stipulated by the legislation the Kyrgyz Republic and this Instruction when notarial action be made by the notary of certain notarial district.
12. Notarial actions are made indoors at the notary, In Some Cases, at the request of physical persons and legal entities, notarial actions can be made by the notary with departure within the territory of the notarial district.
If notarial actions are made with departure of the notary, then in certifying text on the document and in the register for registration of notarial actions on paper and electronic carriers the place of making of notarial action with indication of the address registers.
According to Item 5 of the Rates of the state fee approved by the order of the Government of the Kyrgyz Republic of April 15, 2019 No. 159, for the notarial action made out of the room of the notary, the state fee is collected in double size, and also the expenses connected with departure for making of these actions are paid.
13. Notarial actions are made in case of presentation of all necessary documents and payments of the state fee.
The state fee is paid to banks (branches) and other financial credit institutes, or by transfer from the bank account of the payer, or via payment terminals.
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.
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.
The state fee collected by the private notary is paid by single payment within seven calendar days from the date of making of notarial action and issue of the documents having legal value.
In case of payment of the state fee via payment terminals or transfers notaries in addition withdraw photocopy of the payment check or receipt (transfer) from the bank account and attach to the register of registration of notarial actions or to notarial acts.
The state and private notaries constitute and provide the reporting under the collected state fees to administrators in accordance with the established procedure, according to the legislation on the non-tax income.
14. Making of notarial action is postponed according to the procedure and on the bases provided by Art. 35 of the Law of the Kyrgyz Republic "About notariate".
15. 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 postponed for term no more than ten days. If during this term the interested person does not submit the document confirming the fact of receipt of his petition, notarial action shall be made.
16. In case of receipt of determination of court about measures for providing the claim (Art. 144 of the Code of civil procedure of the Kyrgyz Republic) for the statement of the interested person disputing the right or the fact about the certificate, witnessing which making asks other interested person making of notarial action stops to permission of case by court.
In case of obtaining from prosecutor's office, other investigating bodies 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 the statement law enforcement agencies and the directions them the relevant document.
The personality of citizens of the Kyrgyz Republic is identified based on the passport of the citizen of the Kyrgyz Republic.
When making notarial actions, when there is no need for clarification of nationality, marital status or the residence, identification can be made based on other identity documents excluding any doubts concerning the identity of the citizen.
The identity of the citizens of the Kyrgyz Republic who are constantly living outside the Kyrgyz Republic, and not having the passport of the citizen of the Kyrgyz Republic is established according to the all-civil passport in the presence in it marks of diplomatic representation or consular establishment about statement on consular accounting, or on the permanent place residence, or the valid residence permit of adoptive state. In case of the certificate of transactions and need of identification of the owner alienable (pledged, transferred to use) property according to the above-stated passport, the notary shall request and attach in addition to notarial documents the copy of the certificate of birth or the statement from assembly record, or other identity documents which are not raising doubts. In need of clarification of marital status, the notary also requests the documents confirming the marriage relations or documents confirming other marital status (for example: the reference of bodies the REGISTRY OFFICE about lack of data on scrap registration, the certificate on annulment of marriage, etc.).
In case of witnessing of authenticity of the signature of the citizen according to the all-civil (foreign) passport, registration of notarial action with indication of surname, name, the middle name, with reproduction of surname and name which addressed Latin letters is allowed.
The identity of the minors which did not reach 16 years is established based on 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 based on the certificate of release.
The identity of the foreign citizens and persons without citizenship living in the territory of the Kyrgyz Republic is established based on the residence permit in the Kyrgyz Republic or according to the national passport, or other documents, stipulated by the legislation the Kyrgyz Republic.
The identity certificate when witnessing fidelity of copies of documents and statements from them is not obligatory. Any person has the right to address for witnessing of fidelity of the copy of the document with the original.
After identification according to the submitted documents the notary makes verification of the personality, including with use of the information system "Electronic Notariate" (further - NANOSECOND "Electronic notariate") through system of interdepartmental electronic interaction Tunduk (further - SMEV "Tunduk").
18. According to Art. 37 of the Law of the Kyrgyz Republic "About notariate" in case of the certificate of transactions capacity to act of citizens becomes clear and legal capacity of the legal entities participating in transactions is checked. In case of transaction by the representative of the legal entity or physical person - its powers are checked.
Legal capacity of legal entities is checked by review of documents with use of information of state bodies through SMEV "Tunduk", including the electronic database of legal entities, branches (representations) and mass media and/or receipt of information from state bodies through SMEV "Tunduk".
19. Notarially certified transactions, and also statements and other documents processed at the notary are signed in the presence of the notary. If the submitted documents - the agreement (agreement), the statement or other documents are signed in the absence of the notary, making of notarial action is allowed if signatory confirms making of the made signature or will make it repeatedly in the presence of the notary.
20. If the citizen owing to physical defects, disease or for any other reasons cannot undersign with own hand, according to its order, 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, competent (able to read and write), deaf and/or mute and/or deaf-and-dumb, the notary, besides, reads and shows for independent reading to it the text of the document about what he on the document does mark that he read the text and agrees with its provision.
If addressed for making of notarial action illiterate (not able to read and write), the blind person and/or the deaf and/or mute and/or deaf-and-dumb citizen, then when making notarial action there shall be competent person (the tiflo-signer - person owning the daktilologichesky system which is specially developed for deaf, blind and mute citizens) who 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 blind, deaf, mute or deaf-and-dumb.
At the same time the notary shall certify also authenticity of the signature of rukoprikladchik and/or the tiflo-signer. In case of need making of notarial action with participation and the tiflo-signer, and rukoprikladchik, combination in one person and the tiflo-signer, and rukoprikladchik is not allowed. These actions for witnessing of authenticity of the signature of rukoprikladchik, the tiflo-signer are not subject to registration in the register of registration of notarial actions as independent notarial actions.
The person with limited opportunities of health who addressed for making of notarial action, having the right to use the facsimile signature (facsimile) which undersigns for presence of the notary then the notary certifies the specimen signature also grants the certificate on authenticity of this facsimile.
21. When making notarial action according to Art. 20 of the Law of the Kyrgyz Republic "About notariate" notaries have the right to request from any data and documents physical persons and legal entities. Specified persons shall submit data and documents (including additional) no later than ten days from the moment of receipt of the requirement to them.
The documents necessary for making of notarial actions are requested by the notary according to this Instruction, proceeding from being and complexity of notarial action, for the purpose of respect for the principle of indisputability of notarial actions. In case of absence in this Instruction of rules of making of separate notarial action, the notary has the right to make notarial action with observance of civil regulations, the provisions of the law of the Kyrgyz Republic "About notariate" by analogy to similar notarial action.
According to Art. 6 of the Law of the Kyrgyz Republic "About notariate" notaries have no right to 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), and also to make notarial actions addressed to and from employee name, consisting in the employment relationships with the notary working together with the notary in one organization. Notarial actions in the specified cases are made at any other notary.
The notarial actions made with violation of the rules specified in this Item are invalid.
22. Notaries do 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 performed by pencil, having other features, and raising doubts in reliability of the document at the notary.
If the submitted documents are stated on two and more single sheets, they shall be strung together, their sheets are numbered, and the number of the strung together sheets is certified by the signature of the official and seal of the legal entity who issued documents.
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 addresses (in necessary cases also of the current issue (settlement) account and bank department). Surnames, names and middle names of citizens shall be written completely with indication of the place of their residence. In case of the certificate of transactions on behalf of foreign citizens also their nationality is specified.
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 in writing 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.
The notary on the initiative or at the request of interested persons can correct only explicit slips or appreciable arithmetic 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.
In case of need entering into documents of the corrections which are not influencing being of the documents certified and/or certified and/or constituted by the private notary during its absence can be made by the notary public if documents were transferred by the private notary to storage to archive of the notary public in the location of the district.
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 appendix of official stamp.
During absence of the private notary who certified the power of attorney of person (principal) declaring its cancellation any notary has the right to adopt the statement and to certify authenticity of the signature of the principal. At the same time, the notary who adopted the statement for cancellation shall notify the private notary and/or the territorial notary public on cancellation of the power of attorney.
23. The statement of the text of the power of attorney or statement is allowed by cable language if does not change sense of the power of attorney or the statement. Telegrams powers of attorney, telegrams statements do not differ from other powers of attorney, statements for content, are characterized only by form of their transfer to the attorney or interested person, without punctuation marks and the unions. The telegram power of attorney, the telegram statement shall consist of the text of the power of attorney (statement) and the text of certifying text of the notary (the reduced cable option is allowed), with indication of surnames of the notary and operator confirming the signature of the notary and availability of impress of a seal of the notary. Receipt of the telegram power of attorney and telegram statement shall be properly drawn up by organizations of communication according to the legislation on communication (availability of stamp of organization of communication, calendar date, the signature and surname of person which accepted the telegram, and other details).
24. When making notarial action on the relevant documents certifying texts are made in the forms approved by the Government of the Kyrgyz Republic signed by the notary and with appendix of official stamp of the notary which part of print shall be on the left bottom corner of certifying text.
In case of need making of certifying text which form is not approved by regulatory legal acts the notary has the right to make necessary certifying text by analogy with the certifying texts provided for similar notarial actions.
The text of certifying text can be printed or is clearly handwritten, erasures are not allowed, the blank places shall be procherknuta, additions and other corrections are stipulated by the rules stated in Item 22 of this Instruction.
Stamps with the text of the corresponding text can be applied to making of certifying texts.
The signature on certifying text is carried out personally by the notary, use of facsimile reproduction of the signature of the notary by mechanical or other copying, the electronic and digital signature or other analog of the sign manual is not allowed.
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 official stamp of the notary.
In certifying texts in case of exemption of the state fee it is necessary to make reference to the article of the Code of the Kyrgyz Republic about the non-tax income, for example: when witnessing fidelity of copies of the documents necessary for receipt of public welfare payments and pensions to specify "It is exempted from payment of the state fee based on p.1 Art. 141 of the Code of the Kyrgyz Republic about the non-tax income".
25. 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.
26. 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 who issued the decree;
- 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.
- refuse making of notarial action if making of such action contradicts the law or this Instruction (action is not subject to making by notarial body or is subject to making at other notary; incapacitated person or the representative who does not have necessary powers, etc. requested making of notarial action); the transaction made on behalf of the legal entity contradicts the purposes specified in its charter or provision; the transaction does not conform to requirements of the law or is made on purpose, obviously opposite to interests of the state and society; person though capable, but being at present in such condition that does not understand value of the actions or cannot direct them (for example addressed for making of notarial action: is able alcoholic, drug intoxication, etc.), etc.;
- documents do not take for making notarial actions if they do not conform to requirements of the legislation or contain the data discrediting the citizen or other person of law, touching their honor and advantage. Also refuse making of notarial action if IS "Electronic Notariate" issues data on invalidity of the shown passport.
Notaries upon the demand 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 no later than three working days 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;
- surname, name, middle name of the citizen who addressed for making of notarial action, the place of his residence (the name and the address of the legal entity);
- 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 can be appealed in district court in the location of the notary in ten-day time.
28. All notarial actions made by notaries are registered in the electronic register of IS "Electronic Notariate", then on paper. Irrespective of quantity of the certified and witnessed copies of documents, when making notarial actions, one sequence 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.
Registers shall be strung together, their sheets are numbered. The number of sheets shall be certified by the signature of the employee of the relevant territorial administration of justice. The signature of the worker is sealed relevant organ of justice.
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.
In case of identification in the register of mistakes in record or mistakes 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, fastening it with the sign and seal.
Notaries can keep several registers. In this case the independent index is appropriated to each register. Numbers on documents are designated thus: No. 1-1, No. 1-2, No. 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: No. 1K, No. 2K, No. ZI, No. 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: No. 1K-1, No. 1K-2, etc.; No. 2K-1, No. 2K-2, etc.; No. 3I-1, No. 3I-2, etc.; No. 4H-1, No. 4N-2, etc.
In column 1 of the register for record of notarial actions the sequence number of notarial action since the beginning of year which shall be identical to number in the electronic register is specified. Number at which notarial action is registered in the unified electronic register of notarial actions 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, also translators. 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 the notary, the address of citizens for whom notarial action is made is not specified.
In column 4 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, then the number of 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.
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. Also the granted certificates register.
In column 5 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 is specified.
In case of issue at the same time of several executive texts according to documents of uniform form in column 5 only the total quantity of the issued executive texts with reference to the list of debtors left at the notary from whom for debt collection executive texts are made is specified.
In column 6 the amount of the collected state fee for making of notarial actions is specified. In case of payment of the state fee according to the receipt in the register the receipt copy is pasted. If the document or person for whom notarial action is made are exempted from payment of the state fee, then in column 6 the release basis (the reference to the code) is specified. In these cases of person, the receiving notarially processed documents, undersign for column 7 of the register, confirming that the document is received by them free of charge.
29. Notaries issue statements from registers for 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 were made.
The statement from the register is registered in the register of notarial actions with making of certifying text in the established form.
30. In case of loss or the spoil of the documents certified or issued by notaries according to written applications of citizens and legal entities, from name, according to the order or concerning which notarial actions, duplicates of the lost or damaged documents were made are issued to them by the corresponding notaries in whose archives copies of documents are stored.
Notaries public issue also duplicates of the wills which arrived on storage from the officials listed in Art. 27 of the Law of the Kyrgyz Republic "About notariate".
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