of July 15, 2013 No. 412
About approval of the Instruction about procedure for making of notarial actions by officials of consular establishments of the Kyrgyz Republic
According to article 33 of the Law of the Kyrgyz Republic "About notariate", for the purpose of determination of procedure for making of notarial actions by officials of consular establishments of the Kyrgyz Republic the Government of the Kyrgyz Republic decides:
1. Approve the enclosed Instruction about procedure for making of notarial actions by officials of consular establishments of the Kyrgyz Republic (further - the Instruction).
2. To the Ministry of Foreign Affairs of the Kyrgyz Republic in accordance with the established procedure to notify foreign organizations of the Kyrgyz Republic on approval of the Instruction specified in Item 1 of this resolution.
3. To the Ministry of Justice of the Kyrgyz Republic:
- in case of additional questions to render assistance to officials of consular establishments when making notarial actions by means of exchange of information with use of the official electronic site of the Ministry of Justice of the Kyrgyz Republic;
- to timely inform the Ministry of Foreign Affairs of the Kyrgyz Republic on innovations in the field of notariate, to perform exchange of guidelines manuals.
Approved by the Order of the Government of the Kyrgyz Republic of July 15, 2013 No. 412
This Instruction is developed according to article 32 of the Law of the Kyrgyz Republic "About notariate" and the Consular charter of the Kyrgyz Republic approved by the order of the Government of the Kyrgyz Republic of November 11, 2011 No. 725, other regulatory legal acts of the Kyrgyz Republic and determines procedure for making of notarial actions by officials of consular establishments of the Kyrgyz Republic (further - the consul).
1. According to article 31 of the Law of the Kyrgyz Republic "About notariate" (further - the Law) and Item 38 of the Consular charter of the Kyrgyz Republic the consul makes the following notarial actions:
- certifies transactions, except agreements on alienation of the real estate which is in the territory of the Kyrgyz Republic;
- takes measures to protection of heritable property;
- grants certificates on the right to inheritance;
- grants certificates on the property right to share in common property of spouses;
- witnesses fidelity of copies of documents and statements from them;
- witnesses authenticity of the signature on documents;
- witnesses fidelity of the translation of documents from one language on another;
- certifies the fact of finding of the citizen in live;
- certifies the fact of finding of the citizen in certain place;
- certifies identity of the citizen with person represented in the photo;
- certifies time of production of documents;
- accepts sums of money and securities in the deposit;
- makes executive texts;
- accepts documents on storage;
- provides proofs;
- makes ship's protests.
By legal acts of the Kyrgyz Republic also other notarial actions made by officials of consular establishments of the Kyrgyz Republic can be provided.
2. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 30.04.2015 No. 269
3. When making notarial actions the consul is guided by the legislation of the Kyrgyz Republic.
4. If the consul owing to any reason cannot perform the functions or the position of the consul is temporarily vacant, fulfillment of duties of the consul is assigned to other official of this or other consular establishment in the state of stay, or on one of members of diplomatic staff of diplomatic representation of the Kyrgyz Republic in this state.
5. The consul is forbidden to disclose the become data known for it on the made notarial actions including after the termination of diplomatic service or the employment contract.
If the citizen owing to physical defects, disease or for any other reasons cannot undersign with own hand, the citizen who signed according to its order the transaction, the statement or other document, to the translator (signer) who made the translation of the document, and other persons is forbidden to disclose the data which became known for it.
Data (documents) on committed notarial actions are issued only to persons, from name or at the request of which these actions are made.
References (data) on committed notarial actions are issued upon the demand of court, prosecutor's office, investigation authorities in connection with the cases which are in their production. Certificates of the will are issued only after the death of the testator. Requirements about reclamation of documents shall be drawn up in the form of the resolution or determination, or in other procedure established by the legislation of the Kyrgyz Republic.
The requested documents from consular establishments are subject to obligatory return.
Certificates of the will are certified only after the death of the testator in case of presentation death or statements from the death statement to the testator's heirs according to the will and under the law or their legal representatives.
In case of receipt from the organizations of the state of stay of the consul of requirements concerning references (documents) on committed notarial actions, this issue is resolved by the head of this consular establishment.
Persons guilty of violation of mystery of committed notarial actions bear responsibility according to the procedure, established by the legislation of the Kyrgyz Republic.
6. The notarial clerical work in consular establishment is conducted in the state or official language of the Kyrgyz Republic. 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 consul making notarial action or the translator having the requirements conforming qualification for implementation of the official translation based on the relevant documents on education. About it the consul brings in the text of the document and in certifying text record about the one who made the translation and about explanation of the text of the document, and also signs and seals. In that case the addressed person writes down the surname, name, middle name completely and puts down the signature in language which it knows.
7. The consul, in case of the address of citizens and legal entities, constitutes drafts of transactions, statements and other documents, makes copies and duplicates of documents, statements of them, and also makes explanations concerning making of notarial actions.
8. If making of notarial action contradicts the legislation of the Kyrgyz Republic, the consul in accordance with the established procedure refuses making of such action.
If documents do not conform to requirements of the legislation of the Kyrgyz Republic or for the content can cause damage to homeland security and state interests of the Kyrgyz Republic, or contain the data discrediting honor and advantage of citizens, the consul does not accept such documents for making of notarial actions. Also the consul refuses making of notarial action if the information system "Electronic Notariate" (further - IS "Electronic Notariate") issues data on invalidity of the shown passport.
At the request of person to whom it is refused making of notarial action causes of failure shall be stated to it and the procedure for its appeal is explained.
9. Notarial actions are made in consular establishment. In some cases notarial actions can be made out of the specified organization.
If notarial actions are made out of consular establishment, in certifying text of the document and in the register for registration of notarial actions on paper and electronic carriers (further - the register) the reason and the address of the place of making of notarial actions is specified.
10. Notarial actions are made in day of presentation of all of documents necessary for this purpose, payments of means for rendering consular services. Means for rendering consular services are paid to banks (branches) and other financial credit institutes, or by transfer from the bank account of the payer, or via the payment terminals established in the territory of foreign organizations of the Kyrgyz Republic. In case of payment of means for rendering consular services via payment terminals or transfers the consul in addition withdraws photocopy of the payment check or receipt (transfer) from the bank account and attaches to the register of registration of notarial actions or to notarial acts.
Making of notarial actions can be postponed in need of reclamation of additional data or documents, or the direction of documents for examination, and also on other bases, the stipulated in Article 35 Laws of the Kyrgyz Republic "About notariate".
Making of notarial actions is postponed if by law it is necessary to request from interested persons about lack of objections at them against making of these actions. The term for which making of notarial action is postponed cannot exceed one month. Upon the demand of person who addressed for making of notarial action, the resolution on adjournment of making of notarial action is issued to it.
According to the statement of the interested person wishing to take a legal action the Kyrgyz Republic or the state of stay for contest of the right or the fact about which certificate asks other interested person making of notarial action it is postponed for term no more than ten days. If in this time from court of the Kyrgyz Republic or the state of stay the message on receipt of the statement does not arrive, notarial action shall be made.
In case of arrival from court of the Kyrgyz Republic or the state of stay of the message on receipt of the statement of the interested person challenging the right or the fact about which certificate asks other interested person making of notarial action stops to permission of this case by court of the Kyrgyz Republic or the state of stay.
11. The consul identifies the personality of citizens (their legal representatives, and also guardians and custodians) and representatives of the legal entities who addressed for making of notarial actions.
The personality of the notarial actions of citizens which addressed for making is identified according to the following documents:
- citizens of the Kyrgyz Republic - according to the all-civil passport of sample of 1994 before the expiration of its action, to the all-civil passport of sample of 2004, the all-civil passport of sample of 2006 or the diplomatic passport;
- the citizens who did not reach sixteen years - according to the all-civil passport of sample of 1994 before the expiration of its action, to the all-civil passport of sample of 2004, the all-civil passport of sample of 2006 or the certificate of birth;
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