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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of January 31, 2012 No. 32

About approval of Rules on notarial clerical work

(as amended on 30-04-2021)

According to the subitem 3) article 32 of the Law of the Republic of Kazakhstan of July 14, 1997 "About notariate":

1. Approve the enclosed Rules on notarial clerical work.

3. 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.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister

B. Imashev

It is approved

Minister of Culture and Information of the Republic of Kazakhstan

February 1, 2012

 

___________ D. Mengbai

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan on January 31, 2012 No. 32

Rules on notarial clerical work

Chapter 1. General provisions

1. These rules on notarial clerical work (further - Rules) are developed according to article 4 of the Law of the Republic of Kazakhstan "About notariate" (further - the Law).

Rules establish single procedure for maintaining notarial clerical work:

the notary who is engaged in private practice (further - the private notary);

notaries public of office of notary public (further - the notary public).

2. The notarial clerical work is conducted according to the Law of the Republic of Kazakhstan "About languages in the Republic of Kazakhstan" and article 5 of the Law.

3. Rules determine procedure:

1) acceptance, registration and departure of documents;

2) creation of the nomenclature of cases;

3) forming of cases;

4) registrations of cases, creation of the inventory of cases;

5) document storages;

6) transfers of cases to the private notarial or Public Records Office, ensuring safety of archive documents;

7) destructions of cases;

8) consultation registration;

9) document creations, actions intended for making abroad;

10) uses of seal, stamps and digital signature;

11) forming and registrations of heritable cases.

4. Provides the organization and the correct record keeping, storage, accounting and use of notarial archive documents, and also delivery of notarial documents in the relevant archive for permanent storage:

private notary;

notary public.

5. In case of dismissal or transfer of the notary public the organization and the correct record keeping, storage, accounting and use of notarial archive documents the order of territorial authority of justice is assigned to other notary public.

In case of suspension of action of the license of the private notary, the territorial authority of justice and territorial notarial chamber take measures for document transfer, being in the production of the notary, to other private notary according to the procedure provided by these rules.

In case of cancellation of the license of the notary who is engaged in private practice, territorial authority of justice and territorial notarial chamber within thirty calendar days from the date of signing of the order on cancellation of the license of the notary, take measures for document transfer to other notary or in private notarial archive.

In case of exit from members of territorial notarial chamber, the territorial authority of justice together with notarial chamber within thirty calendar days, from the date of receipt of the statement of the notary for secession of members of notarial chamber, performs reception-transmission of the completed and drawn up cases in private notarial archive.

In case of exception of members of territorial notarial chamber the territorial notarial chamber within thirty calendar days, from the date of entry into force of the decision of the disciplinary commission on exception of notarial chamber, performs reception-transmission of the completed and drawn up cases in private notarial archive.

In case of suspension of action of the license of the notary, cancellation of the license of the notary, exit or exception of the notary of members of the ENIS notarial Office of the Notary chamber it is transferred to other private notary, according to the decision of territorial notarial chamber, and also to private notarial archive.

6. No. 358 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 30.04.2021

7. No. 358 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 30.04.2021

8. No. 358 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 30.04.2021

9. No. 358 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 30.04.2021

10. Accounting of the created and received documents, group of documents in cases, determination of terms of their storage private and the notary public are regulated by the nomenclature of cases.

The nomenclature of cases - the systematized list of names (headings) of cases with indication of terms of their storage.

11. Documents are processed according to the Rules of documentation, management of documentation and uses of electronic document management systems in the state and non-state organizations approved by the order of the Government of the Republic of Kazakhstan of October 31, 2018 No. 703.

Chapter 2. Acceptance, registration and departure of documents

12. All arriving documents are subject to registration.

13. For accounting of documents and control of their execution of Rules it is conducted:

the magazine of registration of incoming documents in ENIS in form according to appendix 1 to these rules;

the magazine of registration of outgoing documents in ENIS in form according to appendix 2 to these rules.

14. On incoming documents in the right bottom corner of the first page registration number according to the magazine of registration of incoming documents, and date of their registration is put.

15. On outgoing documents the registration stamp on sample according to appendix 4 to these rules is put down.

16. Documents go to addressees by mail (with the direction of the copy to the known e-mail addresses) or purposely.

Chapter 3. Creation of the nomenclature of cases

17. The nomenclature of cases, is constituted (no later than December 10 of the current year) and becomes effective since January 1 of the next calendar year in triplicate.

The nomenclature of cases of office of notary public affirms the head of territorial authority of justice and is approved with the Public Records Office.

The private notary, approves the nomenclature of cases in coordination with private notarial archive.

18. The nomenclature of cases joins names (headings) of cases reflecting all documented activities. Electronic documents and databases join in the nomenclature of cases in accordance with general practice.

In the nomenclature of cases the document form - electronic with indication of the data carrier or paper is fixed.

The nomenclature of cases is constituted on the basis of the Approximate nomenclature of cases according to appendix 3 to this order.

The approximate nomenclature of cases is held for use as the main document by preparation of the nomenclature of cases, in case of determination of storage durations of cases in case of their selection for transfer to archive or for destruction.

Decrease in the storage durations established by the Approximate nomenclature of cases in case of creation of the nomenclature of cases is not allowed.

Reserve indexes for introduction of headings of the cases which are not provided in the nomenclature of the cases but created within calendar year are provided in each Section of the nomenclature.

19. Upon termination of year in the nomenclature of cases final record about quantity and categories of the opened cases or volumes on form according to appendix 6 to these rules is made.

20. The copy of the nomenclature put as the accounting document for cases of operational storage, remains in archive of office of notary public or the private notary.

Chapter 4. Forming of cases

21. All available in office of notary public and for the private notary, documents after their execution are grouped in cases according to the nomenclature of cases and systematized in case.

22. In cases documents of one year are grouped.

23. Inclusion in cases of the documents which are not relating to them, and also draft copies and draft documents is not allowed.

24. Case consists from grouped in separate document folder, belonging to certain question or notarial action.

25. On amount case shall not exceed 180 sheets. Appendices in amount over 180 sheets constitute separate volume about what in the document the mark becomes.

In the presence in several volumes (parts) number (index) and heading of case is put down on each volume with addition of numbering of volumes (parts), in the last volume (part) the word "last" is added ("last").

26. The copy of the resolution of the notary, connected with registration of heritable cases, is located in heritable case.

The copy of the resolution on adjournment of notarial actions is grouped with the documents connected with the postponed notarial action.

Chapter 5. Registration of cases. Creation of the inventory of cases

27. Registration of case consists of complex of works on preparation of the case for storage including forming of cover of case, broshyurovka, numbering of sheets, creation of zaveritelny text and the internal inventory.

28. Case is located in cover of case on form according to appendix 7 to these rules.

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