ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of March 9, 1998 No. 150

Regulations on certification of officials of offices of akims of the cities of district value, settlements, auls (villages), aulny (rural) districts making notarial actions

According to the Law of the Republic of Kazakhstan "About notariate" of July 14, 2001 I order:

1. Approve the enclosed Regulations on certification of officials of the local executive bodies making notarial actions.

2. Enact the specified Provision since March 1, 1998.

Approved by the order of the Minister of Justice of the Republic of Kazakhstan of March 9, 1998 No. 150

Regulations on certification of officials of offices of akims of the cities of district value, settlements, auls (villages), aulny (rural) districts making notarial actions

1. The regulations on certification of officials of offices of akims of the cities of district value, settlements, auls (villages), aulny (rural) districts making notarial actions (further - the Provision) regulate procedure, conditions and terms of certification of specified persons.

2. According to article 23 of the Law of the Republic of Kazakhstan "About notariate" the official of the office of the akim of the cities of district value, settlements, auls (villages), aulny (rural) districts (further - the official), authorized to make notarial actions undergoes certification for receipt of the right to making of these actions.

3. Certification of officials is carried out by territorial certifying commission (further - certifying commission) which members affirm department of justice.

1) It is excluded

2) It is excluded

3) It is excluded

4) It is excluded

5) It is excluded

4. The approximate list of questions for certification of officials is constituted and affirms the Ministry of Justice of the Republic of Kazakhstan in the state and Russian languages.

The list of questions goes the Ministry of Justice to departments of justice not later than 30 days prior to certification.

The list of questions for certification is handed to all to the officials who are subject certifications under list by departments of justice not later than 20 days prior to certification.

5. The term of carrying out certification is determined by department of justice.

The official who is subject to certification shall be acquainted about the beginning and the place of certification three days before its beginning.

6. Organizational support of activities of territorial certifying commission is assigned to department of justice.

7. Certification of officials is carried out by interview on state or Russian at the choice of certified.

8. It is excluded

9. The certifying commission is competent to make the decision if at its meeting there are more than a half of members of the commission.

10. At meeting of certifying commission the protocol is taken. In the protocol time and the place of the meeting, structure of the commission, surname, name, middle name and position certified, the made decision and recommendations of certifying commission are reflected.

11. The solution of certifying commission is drawn up separately from the protocol and has advisory nature.

The decision of the commission is made by a majority vote and contains one of the following conclusions:

- give the making of notarial actions certified by the right;

- not give the making of notarial actions certified by the right.

None of members of the commission have no right to abstain from vote.

In case of equal number of votes, the voice of the commission chairman is decisive.

12. The decision and the protocol of certifying commission are signed by the chairman and all present members of the commission.

13. Results of certification are reported certified on the same day. The decision of the commission can be issued certified for its request.

14. The decision on investment of the making of notarial actions certified by the right is the single document authorizing the official of the office of the akim of the cities of district value, settlements, auls (villages), aulny (rural) districts to make notarial actions before carrying out in accordance with the established procedure and in terms of the next certification, but not earlier than in two years.

The decision, the protocol of certifying commission and other materials are subject to storage in territorial authority of justice.

15. The official who did not acquire the right for making of notarial actions is not allowed to making of those actions.

16. The solution of certifying commission on refusal in investment of the official with the right of making of notarial actions can be appealed in the procedure established by the legislation.

Solution of territorial certifying commission

     1. Фамилия, имя, отчество аттестуемого __________________________
     _________________________________________________________________
     2. Год, месяц, дата и место рождения ____________________________
     3. Образование и специальность __________________________________
     _________________________________________________________________
     (наименование учебного заведения, когда закончил и специальность
      по диплому)
     4. Общий трудовой стаж __________________________________________
     5. Дата назначения должностным лицом, совершающим нотариальные
        действия села (поселка) ______________________________________
     6. Результаты голосования _______________________________________
     7. Количество голосов за ___________________ против _____________
     8. Решение комиссии _____________________________________________
     _________________________________________________________________
     _________________________________________________________________
     9. Рекомендации комиссии ________________________________________
     _________________________________________________________________
     _________________________________________________________________
     _________________________________________________________________
     _________________________________________________________________
     _________________________________________________________________
     _________________________________________________________________

     Председатель комиссии ________________________

     Секретарь комиссии ___________________________
     Члены комиссии _______________________________
     ______________________________________________

     Дата аттестации ______________________________

     С решением комиссии ознак

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