of January 31, 2012 No. 29
About approval of Requirements to the room of the notary
According to Item 2 of article 21 of the Law of the Republic of Kazakhstan of July 14, 1997 "About notariate", I ORDER:
1. Approve the enclosed Requirements to the room of the notary.
2. To impose control of execution of this order on the chairman of Committee of registration service and rendering the Ministry of Justice of the Republic of Kazakhstan to legal assistance.
3. This order becomes effective after ten calendar days after day of its first official publication.
Minister
B. Imashev
Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of January 31, 2012 No. 29
1. These Requirements to the room of the notary (further - Requirements) are developed according to item 4 of Article 15 and Item 2 of article 21 of the Law of the Republic of Kazakhstan of July 14, 1997 "About notariate" (further - the Law).
2. The room of the notary shall be in limits of the territory determined by territorial notarial chamber.
The notary is not allowed to place the room outside the territory determined to it.
3. The notary for implementation of notarial activities has only one room.
In one room one or several notaries in case of observance of requirements of item 4 of article 15 of the Law and Requirements by them can work.
4. Placement of the room of the notary in basements, entrances of residential and non-residential buildings, gas stations, car washes, in bathing complexes, underground passages, booths, parkings, shopping centers (shops), in the markets (including, the automobile markets), containers and temporary structures (rooms) is not allowed.
At entrance to the building the notary the sign about availability in this building of the notary and the schedule of its work is placed.
5. The room of the notary consists of office for making of notarial actions, and also of rooms for expectation of visitors (hall) and document storage of notarial clerical work.
In the absence of the certain room for document storage of notarial clerical work, storage of notarial clerical work in the locked metal cases in office for making of notarial actions is allowed.
In the presence of the certain room for document storage of notarial clerical work by the notary, for the purpose of inadmissibility of loss and ensuring timely access to notarial clerical work the following conditions are created:
isolation;
absence indoors (room) of gas, water, sewer and other bulk distribution lines;
outside doors of the room (room) are upholstered with metal leaf and have strong bolts;
availability of the security and fire-proof alarm system. On windows which arrangement allows access from the outside establish metal lattices;
availability of the special equipment for placement and storage of cases: stationary or movable metal racks. Application of wooden racks on condition of processing is allowed by their fireproof means. As supportive applications of document storage apply metal cases, safes;
placement of documents with use of primary protective equipment of storage (archive boxes, folders, special cases and packets), according to types, format and other external features of documents;
observance of the light mode of storage (natural or artificial). Natural lighting is allowed only by diffused light, on condition of application at windows of one of the following defensors: svetorasseivatel, regulators of light flow, protective filters, curtains, blinds or the painted glasses. Use glow lamps in the closed plafonds with smooth surface to artificial lighting. Application of luminescent lamps with the cut-down ultra-violet site of range of radiation is allowed;
observance of the temperature and moist and sanitary and hygienic modes of storage.
In case of arrangement of the room of the notary in one office room with other notary, the quantity of offices for making of notarial actions and the room for storage of notarial clerical work shall be by the number of notaries, or storage of notarial clerical work in one room in the separate locked metal cases is allowed. Storage of notarial clerical work in the room (hall) for expectation of visitors is not allowed.
Placement and document storage on floor, window sills, landings or in not sorted piles is not allowed.
6. The office for making of notarial actions provides observance of mystery of making of notarial actions.
The office is equipped with the safe for storage of seals, stamps and special forms of the notary.
In the room (hall) for expectation of visitors in the place, convenient for review, information on the notary, graphics of acceptance, territorial notarial chamber (the address, phone), about the rates established by the law for making of notarial actions, the list of categories of citizens concerning which the legislation establishes privileges on payment of rate and state fee for making of notarial actions is placed.
7. Information is stated in the state and Russian languages.
8. No. 314 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 04.06.2015
9. For the purpose of ensuring safety of the room and prevention of plunder or loss of property the private notary provides security measures on non-admission of access to the room in off-duty hours, to storage of notarial clerical work, storage of notary's seal and forms. In case of tenancy for making of notarial actions and document storage in the protected buildings, the rented room is provided with the security and fire-proof alarm system.
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