of April 16, 2012 No. 810
About the state notariate
This Law regulates legal, organizational, social and economic basis of the state notariate, task and the principles of notarial activities in the Republic of Tajikistan, and also the relations in the field of implementation of activities of the state notariate.
In this Law the following basic concepts are used:
- the state notariate - the structure of state body providing protection of the rights and legitimate interests of physical, legal entities and the state by making of notarial actions;
- the notary public (the main notary public, the senior notaries public, notaries public, the senior notaries public are registrars, the state notariusyarkhivariusa) - the official authorized based on this Law to make notarial actions on behalf of the Republic of Tajikistan, according to requirements, stipulated by the legislation the Republic of Tajikistan;
- notarial activities - the legal activities performed by notaries public and other officials, representatives to make notarial actions according to the procedure, established by this Law;
- notarial actions - the actions of the notary public and authorized persons having legal value according to the certificate of the indisputable facts, legal events, certificates of documents, to giving to documents of legal reliability and accomplishment of other actions, stipulated by the legislation the Republic of Tajikistan;
- authorized body - the state body determined by the Government of the Republic of Tajikistan, the purpose which tasks and powers in the field of management of notarial activities are determined according to this Law and other regulatory legal acts;
- authorized persons - the officials having the right to make notarial actions according to provisions of this Law;
- the register of registration of notarial actions - data set about the committed notarial actions entered in notarial registers in single established procedure;
- single notarial information system the information system intended for automation of processes of data collection and processing about notarial activities and ensuring exchange of information;
- certifying text - text which is made by the notary public in certain document, confirming the certificate of this action.
The following persons have the right to make notarial actions according to this Law:
- the notaries public performing notarial actions in offices of notary public (notaries public);
- chairmen of jamias of settlements and villages;
- authorized persons of diplomatic representations and consular establishments of the Republic of Tajikistan;
- other persons, representatives to make notarial actions according to this Law.
The legislation of the Republic of Tajikistan on the state notariate is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.
1. Notarial activities include making of notarial actions, record keeping, storage of notarial documents, and other actions provided by this Law.
2. Notarial certification of documents guarantees their evidentiary force and public recognition.
3. Notarial actions on behalf of the Republic of Tajikistan in the territory of other states are made by authorized persons of diplomatic representations and consular establishments of the Republic of Tajikistan.
1. Control of the notarial activities connected with observance of notarial clerical work in offices of notary public is performed according to the procedure, established by authorized body.
2. Check of activities of notaries public is performed based on the plan approved by authorized body and also based on claims and statements of physical persons and legal entities and representations of law enforcement agencies. Check based on claims and statements of physical persons and legal entities, and representations of law enforcement agencies, is performed within the specific claim and representation.
3. Activities check for the first time of the appointed notary public to this position is performed based on the plan approved by authorized body after one year of its activities.
4. Activities of notaries public can be performed before the termination of term of the employment contract (contract).
5. In case of detection of shortcomings of activities of the notary public, at the request of the head of authorized body repeated inspection can be carried out.
6. The authorized body exercises control and check of notarial activities in the field of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction. Check is conducted by authorized body independently or together with representatives of authorized body on counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction. The procedure for monitoring procedure and check of notarial activities in the field of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction is determined by authorized body.
Tasks of the notary public are ensuring protection of the rights and legitimate interests of physical persons and legal entities, also interests of the state by making of notarial actions on behalf of the Republic of Tajikistan.
Notarial activities are performed on the basis of the principles of legality, independence, the mystery of making of notarial actions.
1. Notaries public or authorized persons when making notarial actions are guided by the Constitution of the Republic of Tajikistan, this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.
2. Notaries public and (or) authorized persons shall refuse making of notarial action according to requirements of part 1 of article 47 of this Law.
1. In the activities notaries public and authorized persons when making notarial actions are independent and submit only to the law.
2. Pressure upon notaries public and authorized persons in case of execution of the obligations assigned to them is forbidden also persons who made such actions are made responsible according to the procedure, stipulated by the legislation the Republic of Tajikistan.
1. The mystery of the notarial actions made for them is guaranteed to physical persons and legal entities. Notaries public and authorized persons shall observe the mystery of the made notarial actions. Providing mystery of notarial actions is obligatory also for persons which stopped the activities as the notary public and the trainee.
2. Data on committed notarial actions, copies of the documents which are stored in cases of office of notary public are issued only to physical persons and legal entities, from name, addressed to or at the request of which this document was processed, or to persons authorized by it.
3. Data on committed notarial actions and the copy of the documents which are stored in cases of office of notary public are issued also:
- upon the demand of court on available for them in production of criminal, administrative, civil, family or economic cases;
- to bodies of prosecutor's office, the investigation and inquiry in connection with being in their production by criminal cases according to the procedure established by the legislation of the Republic of Tajikistan;
- to authorized body on counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction in cases stipulated by the legislation the Republic of Tajikistan;
- to the contractor of body of execution concerning enforcement proceeding.
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