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Ministry of Justice

Republic of Tajikistan 

 On January 13, 2015 No. 777

ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF TAJIKISTAN

of January 13, 2015 No. 7a

The instruction about procedure for making of notarial actions by notaries public of offices of notary public of the Republic of Tajikistan

According to Article 37 of the Law of the Republic of Tajikistan "About the state notariate" and Item 15 of the Provision of the Ministry of Justice of the Republic of Tajikistan approved by the order of the Government of the Republic of Tajikistan of December 28, 2006 No. 587,

I dispose:

1. Approve the Instruction about procedure for making of notarial actions by notaries public of offices of notary public of the Republic of Tajikistan it (is applied).

2. "About regulatory legal acts" procedure to register this Order according to the established Law of the Republic of Tajikistan in Management of the state accounting and registration of regulatory legal acts.

3. This order becomes effective after state registration and official publication.

4. To be guided notaries public of offices of notary public of the Republic of Tajikistan in the course of making of notarial actions by requirements of this Instruction.

5. Control of execution of this Order to assign to the head of department of legal assistance to citizens and legal work, chiefs of Justice departments of GBAO and areas.

Minister

R. Shokhmurod

Approved by the Order of the Minister of Justice of the Republic of Tajikistan of January 13, 2015 No. 7a

The instruction about procedure for making of notarial actions by notaries public of offices of notary public of the Republic of Tajikistan

Section I. General provisions

1. This instruction is developed according to article 37 of the Law of the Republic of Tajikistan "About the state notariate" and determines procedure for making of notarial actions by notaries public of office of notary public of the Republic of Tajikistan.

Notaries public (the main notary public, the senior notaries public, notaries public, the senior notaries public are registrars, notaries public are registrars), further "notaries", make notarial actions, the stipulated in Article 32 Laws of the Republic of Tajikistan "About the state notariate".

Besides, notaries can make any other notarial actions assigned to them by the legislation of the Republic of Tajikistan.

2. In the activities notaries public, are guided by the Constitution of the Republic of Tajikistan, the Law of the Republic of Tajikistan "About the state notariate", other regulatory legal acts, international legal acts recognized by the Republic of Tajikistan and this Instruction. In the established cases, notaries apply also the legislation of other states.

3. According to statutory rules of article 10 of the Law of the Republic of Tajikistan "About the state notariate" notaries shall observe the mystery of the made notarial actions.

Notaries have no right to submit documents for acquaintance to persons which are not the parties of notarial action, except for stipulated by the legislation the Republic of Tajikistan.

References, documents and copies of documents on the committed notarial actions which are stored in archives or in notary offices are issued only to physical persons and legal entities, according to the order or concerning which notarial actions, that is to the participants of specific notarial action, their legal successors, persons who obtained certain rights to notarially certified order, and also representatives of all listed subjects were made. Powers of the representative shall be drawn up properly.

Exceptions of the general rule about observance of mystery of the made notarial actions, are provided in article 10 of the Law of the Republic of Tajikistan "About the state notariate" and the Law of the Republic of Tajikistan "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing".

Certificates of notarially certified wills (about availability of the will, its content, etc.) are issued to the testator, and beneficiaries under a will and under the law only after the death of the testator in case of presentation of the certificate on his death. This rule extends in case of issue of the specified data to judicial authorities, prosecutor's offices, to bodies of pretrial investigation and inquiry, on being in their production of criminal and civil cases.

The data received when taking measures to protection of inheritance from banks and other credit and financial organizations, connected with inheritance, the available deposits on accounts or money (currency), the currency and other values belonging to the testator the notary transferred them on storages can tell only the testamentary executor and heirs.

Upon the demand of court, prosecutor's office, bodies of pretrial investigation and inquiry, including the certificates connected with enforcement proceeding, documents and their copies of the made notarial actions which are stored in archives of notary offices are issued to legal executives according to the procedure, provided by the criminal procedure, civil and procedural legislation and economic legal proceedings, in connection with being in their production by criminal and civil cases with submission of the necessary document on receipt of these data, documents and their copy, constituted according to established by the legislation of the Republic of Tajikistan. The necessary document shall contain the bases of reclamation of the data, documents and their copy which have essential value for permission of the criminal or civil case which is in their production. Data it is also provided to authorized bodies in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way or financings of terrorism (FATF), in cases stipulated by the legislation the Republic of Tajikistan.

The list of persons having the right to data documents and their copies on committed notarial actions is exhaustive. Similar data, documents and their copies, except for directly specified in the law to state bodies to nobody, including are not issued to lawyers.

Rules about observance of mystery of notarial actions extend also to persons who knew of committed notarial actions in connection with accomplishment of service duties by them.

Requirements of mystery of notarial actions need to be considered also in case of accomplishment of requests of competent authorities, documentation shall be transferred in the ways and by methods excluding acquaintance of strangers with it. Requests of competent authorities shall be specific and based on information connected with notarial actions.

The mystery of notarial action is official secret.

Notaries, and also other employees of notary offices who knew of committed notarial actions in connection with accomplishment of service duties by them the mysteries, guilty of disclosure, of the made notarial actions, are made responsible according to the procedure, established by the legislation of the Republic of Tajikistan.

4. According to the legislation of the Republic of Tajikistan notary offices are not authorized state bodies in the sphere of state registration and accounting of property, physical persons and legal entities with respect thereto the certificate of availability and structure of property is not issued to them.

5. The notarial clerical work in notary offices is conducted in the language specified in article 11 of the Law of the Republic of Tajikistan "About the state notariate".

Section II. Basic rules of making of notarial actions

6. Notarial actions can be made in any notary office in all territory of the Republic of Tajikistan by notaries public, with observance of requirements of this Instruction and other cases when according to the legislation of the Republic of Tajikistan notarial action be made in certain notary office provided in Items 56, 88-89, 97, 115-116, 130, of 178, of 189, of 206, of 329, of 338, of 374, of 393, of 399, of 424,.

7. The territory of activities of notaries shall be are observed when making the following notarial actions:

- appointments of the trustee;

- issue certificate on the inheritance right;

- certificates of agreements which subject are immovable property and requiring state registration.

8. Notarial actions are made in notary office. In some cases, notarial actions can be made out of premises of notary offices if citizens for whom they are made due to illness of disability or on other reasonable excuse cannot be to premises of notary office, except for isolation of temporary content and other places of content of prisoners in law-enforcement bodies and other pre-judicial bodies, and also hospitals or mental health facilities in which person contains compulsorily.

If notarial actions are made out of premises of notary office, then in certifying text on the document and in the register for registration of notarial actions the place of making of notarial action with indication of the address registers.

9. Notarial actions are made in case of presentation of all necessary documents and payments of the state fee based on the Law of the Republic of Tajikistan "About the state fee", and also other payments according to the legislation of the Republic of Tajikistan.

Notaries when making notarial actions require the documents provided in Item 15 of this Instruction, identification taxpayer number and other relevant documents (depends on type and value of notarial action).

10. Making of notarial actions can be postponed and suspended in cases:

- need of reclamation of additional data or documents from physical persons and legal entities;

- in case of purpose of the corresponding examination;

- according to article 9 of the Law of the Republic of Tajikistan "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing".

11. Making of notarial actions shall be postponed if by law it is necessary to request interested persons about lack of objections from them against making of these actions. The term for which making of notarial action is postponed cannot exceed one month.

12. According to the statement of the interested person wishing to take a legal action for contest of the right or the fact, making of notarial action about which certificate asks other interested person can be postponed for term no more than ten days. If in this time the message on receipt of the statement is not received from court, notarial action is made. The repeated statement from this interested person on the same bases is not adopted.

13. In case of obtaining from court of the message on receipt of the statement of the interested person challenging the right or the fact, making of notarial action stops to permission of case by court as, the dispute on the right which arose between interested persons based on committed notarial action, is considered by courts according to the procedure of claim production.

Bodies of prosecutor's office, inquiry and pretrial investigation stop making of notarial action by property attachment according to the criminal procedure legislation.

14. When making notarial actions notaries identify the personality of the notarial actions of citizens, their representatives or representatives of legal entities which addressed for making.

15. The personality of citizens is identified based on the following documents:

- passport of the citizen of the Republic of Tajikistan;

- diplomatic passport of the citizen of the Republic of Tajikistan;

- service passport of the citizen of the Republic of Tajikistan;

- certificate of stateless persons;

- the temporary certificate of person who is looking for shelter;

- certificate of the refugee;

- the residence permit for foreign citizens in the Republic of Tajikistan;

- the residence permit for stateless persons in the Republic of Tajikistan which is regulated according to the legislation of the Republic of Tajikistan;

- other documents provided by the Law of the Republic of Tajikistan "About identity documents" of 26.07.2014, No. 1097;

- the identification cards of citizens of the Republic of Tajikistan (replacing national passports, the Presidential decree of the Republic of Tajikistan "About introduction of ID cards of citizens of the Republic of Tajikistan" of 20.09.2013, No. 1519);

- the personality of minors up to 16 years is identified from one of parents (adoptive parents) on the basis the certificate of birth of the minor and the document identifying the personality of the parent (adoptive father);

- the personality of the military personnel is identified on the basis the identity certificate or the military ID which are issued by commanders of military units and military organizations;

- the identity of foreign citizens who constantly live in the Republic of Tajikistan, on the basis the residence permit for foreign citizens in the Republic of Tajikistan and based on its national passport;

- the identity of foreign citizens who are in the territory of RT temporarily, based on the national passport or the document, replacing it which are registered on statutory rule (registration certificate).

16. Legal capacities of legal entities which it is registered in the Republic of Tajikistan are established on the registration certificate of legal entities, the statement from the register of registration and the Charter of the legal entity. Transactions and notarial actions to the contradicting purposes and Authorized tasks of legal entities, does not make sure.

17. Legal capacities of foreign legal entities which are registered in the Republic of Tajikistan are established based on Item 15 this Instructions, in case of registration of the legal entity out of the territory of the Republic of Tajikistan, in statement compliance from the trade register or other document which confirms registration of the legal entity.

Identity documents of physical persons, their representatives or representatives of the legal entities who addressed for making of notarial actions return to persons which provided them without leaving of copies, but in the register the information about these persons according to Item 32 of this Instruction registers.

When witnessing fidelity of copies of documents and statements from them, and witnessing of fidelity of the translation the personality of turned is identified. In this case presence of the owner of the document optionally.

18. In case of the certificate of transactions and making of other notarial actions (for example, when witnessing authenticity of the signature on documents) authenticity of signatures of participants of the transaction and other persons who addressed for making of notarial actions is verified.

Notarially certified transactions, and also statements and other documents are signed in the presence of the notary public. If the transaction, the statement or other document it is signed in the absence of the notary public, signatory shall confirm personally that the document is signed by him. The notary public notes this circumstance in the processed document.

If the citizen owing to physical defects, disease, illiteracy or for any other reasons cannot undersign with own hand, according to its order, at its presence and in the presence of the notary other citizen with indication of the reasons owing to which the document could not be signed with own hand by the citizen who addressed for making of notarial action can sign the transaction, the statement or other document.

If the citizen who addressed for making of notarial action, illiterate or blind, the notary, besides, announces to it the text of the document about what he on the document does mark.

If the citizen, deaf who addressed for making of notarial action, mute or deaf-and-dumb, then when making notarial action there shall be competent person at its choice which can have a talk with it and certify the signature that contents of the transaction, the statement or other document correspond to will of the deaf, mute or deaf-and-dumb citizen participating in it. Responsibility for fidelity surdo the translation is conferred on this person (translator) according to the legislation.

If the citizen of the Republic of Tajikistan in the notarial document signs foreign letters, not clear to the notary, in this case he shall write in addition the surname, name and middle names the alphabet read by the notary.

The notary can not require corporal appearance of officials of the companies, organizations, organizations if in cases of notary office (according to entries in the register or in the job specification which is specially created for these purposes) there are data on check of powers, the specimen signature of these officials received in case of the personal address, and authenticity of their signature does not raise doubts.

19. According to article 40 of the Law of the Republic of Tajikistan "About the state notariate" in case of the certificate of transactions capacity to act of citizens becomes clear and legal capacity of the legal entities participating in transactions as the party is checked. In case of transaction by the representative its powers are checked.

20. Notaries have the right to request physical persons and legal entities of the data and the documents necessary for making of notarial actions. The corresponding data and documents shall be submitted in time, specified by the notary. This term cannot exceed one month.

21. Notaries public do not take for making notarial actions the documents having erasures, additions, the crossed-out words and other not stipulated corrections, and also documents which texts cannot be read.

Also the documents stated on two and more single sheets are not accepted if sheets are not strung together, are not numbered also the number of the strung together and numbered sheets is not certified by the signature of the official and seal of the organization which issued the document.

22. Restrictions of notaries in the right of making of notarial actions are stipulated in Clause 30 Laws of the Republic of Tajikistan "About the state notariate".

23. The text of notarially certified transactions shall be written clearly and accurately, the numbers relating to contents of the document and time frames are specified at least once by copy-book, and names of legal entities without reducings with indication of addresses, settlement accounts and their bodies. Surnames, names and middle names of citizens shall be written completely with indication of the place of their residence, birth date. Data of the document proving the identity shall be also reflected in texts of notarially certified transactions. In case of the certificate of transactions on behalf of foreign citizens also their nationality is specified. And also, in case of their address it is observed requirements of the Law of the Republic of Tajikistan "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing".

If notarially certified document is signed by persons, corrections in is mute make a reservation and confirmed by signatures of these persons, and also at the end of certifying text the signature of the notary with appendix of its seal. At the same time corrections become so that all mistakenly written, and then crossed out it was possible to read in the initial text. The corrections made in the text of the document which is not signed by persons (for example, the certificate on the right to inheritance) make a reservation only the notary and are confirmed by its signature with sealing.

If the document which is subject to the certificate or certification is stated incorrectly or illiterately, the notary public suggests the addressed person to correct it or to constitute new. At the request of addressed, the document can be constituted by the notary.

In cases, the documents when certified, issued or witnessed are stated on several single sheets, they shall be strung together, their sheets are numbered. The number of the strung together sheets is certified by the signature of the notary with sealing.

24. If the notary finds out that as a result of the made mistake, the notarial action made by him is wrong, he shall bring about it to the attention of the prosecutor for acceptance in accordance with the established procedure of measures to cancellation of the specified notarial action. About the representation made to the prosecutor, the notary informs the Ministry of Justice of the Republic of Tajikistan, Justice department of the respective areas of the Republic of Tajikistan.

The notary or the notary-registrar of notary offices on the initiative or at the request of interested persons in case of good causes (based on the relevant documents) and in the absence of the dispute, prohibitions or arrest having the right to correct formal replies or arithmetic errors without changing sense and contents of the certified or issued document (part 2 of article 44 of the Law of the Republic of Tajikistan "About the state notariate").

25. In case of the certificate of transactions, witnessing of fidelity of copies of documents and statements from them, authenticity of the signature on documents, fidelity of the translation of documents from one language on another, in case of the certificate of time of production of documents on the relevant documents certifying texts in the forms approved by the Ministry of Justice of the Republic of Tajikistan signed by the notary with sealing are made, in this case the signature is not used facsimile.

The text of certifying text shall be printed with use of technical means, erasures are not allowed, additions and other corrections make a reservation the notary and are confirmed by its signature with sealing.

Stamps with the text of the corresponding text can be applied to making of certifying texts. In some cases texts can be performed rukopisno which it shall be accurate also readable.

The certifying text on the document is located right after the signature of person on the same page.

If the certifying text does not find room on the relevant document, it can be continued or stated completely on the sheet of paper attached to the document. In this case sheets on which the text of the document and certifying text is stated proshnurovyvatsya and numbered, the number of sheets is certified by the signature of the notary with sealing.

For statement of certifying text or its continuation it is allowed, also subbonding of the sheet of paper with sealing which part of print shall be on the glued leaf. The attachment of sheets of paper for certifying text about witnessing of fidelity of the copy of the document is not allowed.

26. In confirmation of inheritance right, the property right, the certificate of the facts of finding of the citizen in live and in certain place, identity of the citizen with person represented in the photo, acceptances on document storage appropriate certificates are granted.

Notarially certified transactions, the granted notarial certificates are constituted at least in duplicate. At the same time copies of the documents issued to persons who addressed for making of notarial action shall be made on stamp forms with the established degree of protection, and the copy of the document left in cases of notary office is made on regular paper.

27. If authenticity of the submitted document raises doubts, the notary having the right will detain this document and to direct it to examination.

28. About the direction of the document for examination the notary issues the decree in which are specified:

- date of pronouncement of the resolution;

- surname, name, middle name of the notary public who issued the decree, and the name of notary office;

- the name of the document on whose name it is issued;

- surname, name, middle name and the residence of person, the submitted document for making of notarial action;

- the circumstances which caused the necessity of the direction of the document for examination;

- the name of body to which (to what expert organization) the document for examination production goes;

- questions on which the expert opinion is required.

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