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LAW OF TURKMENISTAN

of August 18, 2015 No. 262-V

About notariate and notarial activities

(as amended on 05-06-2021)

This Law determines the organizational and legal basis of notariate, and also procedure of notarial activities in Turkmenistan.

Section I. Organizational and legal basis of activities of notariate

Chapter I. General provisions

Article 1. Notariate in Turkmenistan

The notariate in Turkmenistan is the system consisting of bodies and authorized persons on which tasks of implementation of notarial activities for the certificate of the indisputable rights, and also facts having legal value and giving of legal reliability to them are assigned.

Article 2. Main objective of notariate

The main objective of notariate is ensuring protection of the rights and legitimate interests of physical persons and legal entities, and also state interests by making of notarial actions on behalf of Turkmenistan.

Article 3. Legislation of Turkmenistan on notariate and notarial activities

1. The legislation of Turkmenistan on notariate and notarial activities is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan which govern the relations connected with implementation of notarial activities.

2. If the international treaty of Turkmenistan establishes other rules than provided by this Law, then rules of the international treaty are applied.

Article 4. Notarial activities

Notarial activities are making by the notary public of the notarial actions provided by this Law and other regulatory legal acts of Turkmenistan.

Article 5. Basic principles of notarial activities

Notarial activities in Turkmenistan are based on the principles of legality, justice, independence and safety of mystery of making of notarial actions.

Article 6. Legality when implementing notarial activities

Notarial activities in Turkmenistan are performed according to the Constitution of Turkmenistan, this Law, other regulatory legal acts and international treaties of Turkmenistan.

Article 7. Justice when implementing notarial activities

1. Notarial activities are performed on equal terms for all persons irrespective of nationality, race, floor, origin, property and official capacity, the residence, language, the relation to religion, political convictions, party accessory or lack of belonging to any batch.

2. Notaries public, authorized persons to whom tasks of implementation of the notarial activities having no right to make notarial actions which results are of valuable or other private interest to them are assigned.

Article 8. Independence when implementing notarial activities

1. Persons performing notarial activities in case of execution of the obligations assigned to them are independent and submit only to the laws of Turkmenistan.

2. Illegal impact on persons performing notarial activities, in case of execution of the obligations assigned to them is not allowed and involves the responsibility established by the legislation of Turkmenistan.

Article 9. Preserving mystery of making of notarial actions

1. Safety of mystery of the notarial actions made concerning them is guaranteed to physical persons and legal entities.

2. Persons performing notarial activities provide preserving mystery of committed notarial action.

3. Ensuring preserving mystery of committed notarial actions is the mandatory requirement for persons which stopped notarial activities.

The obligation of preserving mystery of committed notarial actions extends also to trainees and assistants to notaries public.

4. Data on committed notarial actions, copies or duplicates of the documents issued by the notary public are issued only to physical persons and legal entities, from name, addressed to, according to the order or concerning which these actions were made.

5. Data on notarial actions and documents are issued according to the written requirement of court, bodies of prosecutor's office, inquiry and investigation, for the cases which are in their production, and also the bodies authorized by this Law to exercise control of activities of the notary public.

6. Data on committed notarial actions are issued according to the written requirement of the state registrar performing state registration of the rights to real estate and the related transactions except for of documents which according to regulatory legal acts of Turkmenistan are submitted only to interested persons.

7. Data on the will during lifetime of the testator are issued to him, and after the death of the testator – to persons and bodies specified in parts of the fourth or sixth this Article and also the testator's heirs if other is not stipulated by the legislation Turkmenistan.

8. Data on issue certificates on the right to inheritance are granted to the relevant tax authorities.

In case of the death of physical person employer of the data, connected with the right to inheritance, available in office of notary public, are issued by the written request of local body of the Pension fund of Turkmenistan for debt repayment for pension contributions.

9. Obligation observe the mystery of making of notarial actions extends to persons who knew of these actions in connection with accomplishment of service duties by them, and also on other persons participating in notarial actions.

10. Persons which divulged data on committed notarial actions bear responsibility according to the legislation of Turkmenistan.

Article 10. Right to making of notarial actions

1. The right to make notarial actions within the powers, and also in the cases and limits established by this Law have:

1) the notary public of office of notary public (further – the notary public);

2) officials Gengesha;

3) officials of diplomatic representations and consular establishments of Turkmenistan abroad;

4) the officials having the right to make notarial actions according to part one of article 37 of this Law.

For the purposes of this Law the officials specified in Items 2 - the 4th this part, hereinafter are referred to as further as authorized officers.

2. When making notarial actions notaries public according to this Law have the equal rights and fulfill identical duties.

3. The documents processed within powers by the persons specified in part one of this Article, having the right to make notarial actions have identical legal force.

Article 11. Procedure for making of notarial actions

1. Notarial actions are made according to the procedure, established by the legislation of Turkmenistan.

2. When making notarial actions by the notary public the notarial act – the written instrument (notarially certified document) constituted, certified or certified according to the procedure, established by the legislation of Turkmenistan is drawn up.

Article 12. Notarial clerical work

1. The notarial clerical work is performed according to the Rules of maintaining notarial clerical work approved by the Ministry адалат Turkmenistan in coordination with the Head archive department under the Cabinet of Ministers of Turkmenistan.

2. The documents connected with the notarial actions made by notaries public authorized officers are subject to delivery in archive according to the procedure, established by the legislation of Turkmenistan.

Article 13. Notariate unified information system

1. Unified information system of notariate the automated information system intended for complex automation of processes of collection, processing of data on notarial activities and providing all types of information exchange (exchange) is recognized (further – unified information system). In unified information system are subject to inclusion of the data on notarial actions, including in the form of electronic documents. Contents of these data are determined according to this Law.

2. Electronic documents can be certified by the digital signature according to the legislation of Turkmenistan.

3. The procedure for creation, content, functioning and use of unified information system, and also procedure for provision of the data containing in it are determined by the Ministry адалат Turkmenistan.

4. Protection of the data containing in unified information system is performed according to the legislation of Turkmenistan.

5. Persons having access to the data containing in unified information system and the faces performing data processing of unified information system not open to the third parties and not spread the information containing in this information system, except as specified, established by the legislation of Turkmenistan.

Such persons bear the responsibility established by the legislation of Turkmenistan for disclosure or illegal use of the specified data.

6. Creation and functioning of unified information system are financed by means of the Government budget of Turkmenistan.

Article 14. Language of notarial clerical work

The notarial clerical work is conducted in state language of Turkmenistan, the documents issued by results of making of notarial actions are drawn up in state language of Turkmenistan.

Chapter II. Legal status of the notary public

Article 15. The notary public in Turkmenistan

1. The citizen of Turkmenistan having the higher legal education, who passed training at the notary public within six months and certification if other is not provided by this Law can become the notary public.

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