It is registered
in the Ministry of Justice
Kyrgyz Republic
On June 21, 1999 No. 51
of June 21, 1999 No. 65
About questions of notarial activities
In pursuance of the Law of the Kyrgyz Republic "About notariate" of May 30, 1998 and the order of the Government of the Kyrgyz Republic of April 6, 1999 to No. 192 "About approval of the Regulations on procedure for licensing on the right of private notarial activities in the Kyrgyz Republic", I order:
1. Approve enclosed:
- the instruction on clerical work in notary offices of the Kyrgyz Republic;
- procedure for maintaining the State register of notary offices of the Kyrgyz Republic;
- notarial districts of the Kyrgyz Republic;
- form of the form of the license for the right of private notarial activities;
- blank forms of notarial actions.
2. To the head of department cases of personnel and control of execution to Buslayeva Zinaida Grigoryevna to bring this order to regional justice departments and offices of notary public of the Kyrgyz Republic.
3. To impose control of execution of this order on the First Deputy Minister of Justice of the Kyrgyz Republic Umraliyev Tabylda Dushenbekovich.
Minister of Justice
N. Beyshenaliyeva
Approved by the order of the Minister of Justice of the Kyrgyz Republic of June 21, 1999 No. 65
1.1. This Instruction establishes single procedure for record keeping in all notary offices of the Kyrgyz Republic and includes maintaining documentation which is directly connected with making of notarial actions, maintaining notarial archive and office.
1.2. Main objective of the Instruction - document flow streamlining, improvement of quality of preparation of documents and enhancement of work of notary offices.
1.3. Control of execution of rules of notarial clerical work by notaries is exercised by the Ministry of Justice of the Kyrgyz Republic and regional justice departments. The clerical work in notary office is conducted according to the Law of the Kyrgyz Republic "About notariate", in the Kyrgyz or Russian languages.
1.4. The notarial clerical work includes maintaining documentation which is directly connected with making of notarial actions, maintaining notarial archive and office.
1.5. The senior notary public (notary public), in private notary office - the notary having the license for the right of private notarial activities bears responsibility for the correct organization and record keeping in office of notary public.
The senior notary of office of notary public shall:
- organize studying by all notaries of the instruction;
- provide implementation in clerical work the instruction;
- exercise control of clerical work condition.
1.6. In case of dismissal or transfer into other work of the senior notary or the registrar to whom record keeping, archivings is assigned and also put and the documents which are in clerical work are transferred to again nominated person about what the delivery-acceptance certificate is drawn up.
In case of detection in case of reception-transmission of documents of their shortage the Ministry of Justice or regional justice department is informed on it and their measures to search are taken.
In case of the termination of activities of private notary office archivings, and also put also the documents which are in clerical work are transferred to office of notary public of the respective notarial district about what the delivery-acceptance certificate is drawn up.
1.7. The notaries who stole, spoil, concealment or illegal destruction of documents, and also allowed the actions or failure to act loss of documents bear the responsibility established by the legislation of the Kyrgyz Republic.
1.8. For accounting of documents and control of their execution in notary office the following books and magazines shall be kept:
- magazine of incoming correspondence (appendix 1);
- magazine of outgoing correspondence (appendix 2);
- complaint book (appendix 3).
Control of terms and workmanship of documents and the orders containing in them is performed by the senior notary public.
2.1. Texts of notarial certificates, notarially certified transactions witnessed and other documents, certifying texts to them shall be written with observance of the rules stated in the Instruction "About procedure for making of notarial actions by notary offices of the Kyrgyz Republic".
2.2. In documents of organizational and administrative nature it is necessary to specify organizations authors (as a rule, is reproduced in the form of the document), the name of document type and its heading. In case of creation and document creation it is also necessary to observe requirements of clerical work about addressing, dating and the certificate of documents, putting down of marks about their passing and execution.
2.3. In protocols form of presentation of the text from the third party of plural (listened, acted, solved) is used, content of performances is stated from the third party of singular.
2.4. In the documents containing the description, confirmation of the facts, events, assessment of activities of office (the act, the conclusion, the reference, the report, etc.), form of presentation from the third party of the only thing or plural is used (the commission established, the office developed, are part of office).
2.5. In correspondence form of presentation of the text from the first person of plural is used (we direct the conclusion, we consider expedient, to include in the plan).
2.6. In the documents addressed to management (the statement, the report, explanatory note) form of presentation from the first person of singular is used (I ask to draw up, I inform, I consider necessary).
2.7. By preparation of texts of documents it is recommended to observe the following:
- replace compound sentences simple, apply set (pattern) phrases, use direct words order in the sentence (the subject precedes predicate, determinations face the determined words, etc.);
- use reverse word order in the offer (the predicate precedes subject) if the logical (semantic) accent falls on action or on action subject.
2.8. In the text of the in-house document the rules of the literary language shall be respected. Words are dialect, colloquial, obsolete are excluded.
2.9. Obligatory details of documents are: the name of organization author of the document, the name of document type, the text, heading to the text, date and index of the document, mark about performance of a document.
In the course of preparation and document creation the structure of obligatory details if necessary can be added with other details.
2.10. Form of the document. Application of forms by preparation of documents increases culture of managerial work, officializes information, facilitates execution and further use of the document.
In-house documents are constituted on forms of the A 4 formats (210kh 297) and A 5 (148kh 210) printed by typographical method, according to GOST 9327 - 60. For separate document types application of the F Z format is allowed (297kh 420).
In the absence of forms on documents the stamp of notary office is put down.
2.11. Heading - summary of contents of the document. For example, "About assignment"; "About the direction for study".
The heading is put down to any document of the A 4 format (210kh 297), irrespective of appointment.
Headings are not written on telegrams, telephone messages, notices and are not specified on documents of the A 5 format.
2.12. Addressing of the document.
When addressing the document it is necessary to follow the following rules: if the document is addressed to organization, structural division or the specific official, then the name of organization and structural division is specified in the Nominative case, and position and surname of the addressee in dative case:
Ministry of Justice of the Kyrgyz Republic
to the head of department of notariate
surname, name, middle name.
When addressing the document citizens are specified at first by the postal address, and then surname and the receiver's initials. For example:
720009 city of Bishkek - 9
Ulitsa Orozbekova 23
To Ismanov A. A.
2.13. Dating of the document.
Document date date of its signing, approval or event which is fixed in the document is.
Signature dates, approvals, approvals, and also containing in the text draw up by digital method. Elements of date are given in one line in the following sequence: date, month, year. For example: date should be drawn up on May 20, 1999: 20.05.99. It is allowed in case of registration dates in the beginning to specify year, then month and date for example: 99.05.20.
In case of registration of HORDES (orders, orders, decisions, protocols) and financial records the verbal and digital method of registration of dates is applied: May 20, 1999.
2.14. Certificate of the document.
The signature - obligatory detail of the in-house document. Documents are signed by the head of office or the official replacing him according to its competence.
All copies of in-house documents, including their copies, shall be signed. Documents shall contain authentic signatures of officials.
The detail "signature" consists of the name of position of person signing the document, its personal signature and its disaggregation in which initials and surname are specified. For example, "The senior notary public of Lenin office of notary public" Tazabekov B. D. (signature).
When signing the documents constituted by the commission not positions of persons which constituted the document, and distribution of obligations as a part of the commission (the commission chairman, members of the commission) are specified.
2.15. Appendices to the document are listed after the text of the document with indication of the number of sheets in each appendix and numbers of their copies.
If the document has the appendix mentioned in the text, then it is necessary to specify in appendix only the number of sheets and number of copies.
2.16. In case of reply to the request it is necessary to make reference to document number - request.
3.1. For accounting of documents and control of their execution in notary office magazines of the entering and outgoing correspondence are kept.
Control of terms and workmanship of documents and the orders containing in them is performed by the senior notary public of office of notary public, in private - the notary having the license for the right of private notarial activities.
3.2. All arriving correspondence is registered in the magazine of the entering and outgoing correspondence.
Packets are opened, checked whether on accessory correspondence arrived, compliance to the sent correspondence of the inventory is checked if that is available. Mistakenly delivered correspondence is sent on accessory. Documents are sorted on registered and not registered. Not registered documents including documents marked are "personally" transferred to destination.
If lack of documents or appendices to them is revealed, about it it is reported to the sender.
All envelopes, except for personal correspondence are opened. Envelopes are, as a rule, destroyed, except cases when they are necessary for establishment of the address of the sender, and also time of sending and receipt of correspondence.
3.3. All documents (including statements) requiring execution by notary office are subject to registration.
3.4. On all incoming documents in the right bottom corner of the first page the registration stamp is put down (appendix 4), the fixing fact and time of receipt of the document in notary office. On each of these documents, except receipt date, also number at which it is registered in the magazine, and file number (job specification) in which the document will be created (to be filed) is put down.
3.5. Statements for inheritance acceptance, issue of certificates on the right to inheritance, for refusal of inheritance, for payment of expenses at the expense of heritable property, about taking measures to protection of heritable property, the claim of creditors, notices on imposing of prohibitions of alienation of apartment houses, messages of judicial and investigating authorities on imposing of arrests on apartment houses if arrived by mail, are registered in the magazine of incoming correspondence and are transferred to the notary to execution. After that they are subject to subsequent registration according to the procedure, established by this Instruction and the Instruction "About procedure for making of notarial actions by notary offices of the Kyrgyz Republic".
3.6. The registered document shall be initially considered by the senior notary in day of its receipt and only in exceptional cases next day.
3.7. Documents are performed to the term specified in the text of the document or in the resolution of the senior notary.
Completion dates are estimated from signature date (approval) of the document, and arrived from other organizations - from the date of their receipt. Completion dates of documents shall not exceed 10 days.
3.8. The document is considered fulfilled when all questions raised in it are resolved and if it is required, the answer is given to the correspondent.
On the performed document the mark about execution and the direction it in case (job specification) is put down.
The mark about execution is located on the lower field of the first document sheet or, for the lack of the place, on the back of the first document sheet and includes the brief information on execution (if there is no document testimonial of execution), and also the words "in case" and file number (job specification) in which the performed document shall be filed.
3.10. Outgoing documents are registered in the magazine of outgoing correspondence.
On the outgoing document number corresponding to sequence number according to the magazine of outgoing correspondence and file number (job specification) in which the copy of the outgoing document will be stored is put down.
3.11. Correspondence goes by mail. Correspondence sent by mail is entered in the register (appendix 5).
3.12. In case of loss of documents which copies are stored in cases of notary office, according to written applications of citizens, legal representatives of legal entities, from name or at the request of which notarial actions were made duplicates of the lost documents are issued.
Duplicates of wills are issued only after the death of testators and only to beneficiaries under a will in case of presentation of the passport or other replacing document and death certificate of the testator.
4.1. The organization of control of execution of documents shall provide their timely and high-quality execution.
Actions for control of execution includes direct check and regulation of course of execution, accounting and the analysis of results of execution of documents.
Control of terms and workmanship of documents and the orders containing in them is performed by the senior notary heading notary office.
4.2. The most important entering, outgoing and internal documents requiring adoption of certain decisions, execution and creation of answers to them are subject to control of execution.
The documents which arrived from Administration of the President of the Kyrgyz Republic, Jogorku Kenesh, the Government and the Ministry of Justice of the Kyrgyz Republic are subject to mandatory control.
Can be delivered by the senior notary on control and other documents.
4.3. Conducting control of execution of documents.
In the course of control of execution of documents are observed four main consistently completed phases: statement of documents for control; conducting control; removal of documents from control; the analysis of performing discipline in office.
The stage of removal of the document from control depends on extent of performance of a document. The document is considered fulfilled only when the questions raised in it are resolved and to the correspondent the pertinent answer is given. That official who delivered it on control can remove the document from control.
After execution documents are removed from control, this about performance of a document and removal from control are noted on the document and the magazine of incoming correspondence.
5.1. The operating procedure with offers, statements and claims of citizens - is established by the Law of the Kyrgyz Republic "About procedure for consideration of offers, statements and claims of citizens".
5.2. Offers, statements and claims of citizens are registered, as well as all other correspondence, in the magazine of offers and claims.
5.3. In case of registration of offers, statements, claims to them the registration stamp on which registration number (index) consisting of the first letter of surname of the applicant, sequence number and receipt date is specified is put down. For example, if Asanov T. statement arrived 10.05.1999, then it will be registered: 10.05.95 G-52. The reference number on the response document will be same, but with indication of date of departure.
5.4. Offers, statements, claims of citizens shall be considered at the scheduled time: instantly - not requiring additional studying and check, the others - up to 1 month.
5.5. Consideration of offers, statements, claims of citizens is considered finished when the questions and of it raised in them are resolved is told the applicant. In the magazine the mark about execution becomes.
6.1. The nomenclature of cases is the systematized list of headings of the cases opened in notary office, with indication of terms of their storage, drawn up in accordance with the established procedure.
The nomenclature of cases is constituted for the purpose of reasonable distribution of documents and forming of cases, ensuring document retrieval and accounting of cases.
The single nomenclature of cases (job specifications) is constituted on the basis of the approximate nomenclature attached to this Instruction (appendix 6).
The single nomenclature of cases of notary office consists of the list of names of all cases, registers, magazines, books which are created in clerical work with indication of their storage durations.
6.2. The single nomenclature of cases is constituted by the senior notary and approved with the expert survey board (ESB) of the Public Records Office where documents arrive on the state storage and affirms the head of notary office.
The existing nomenclature at the end of every year is specified and again becomes effective since January 1 of the next year. At the end of each Section reserve numbers are left.
6.3. Within year in the approved nomenclature of cases data on institution of cases, on inclusion of res novas, etc. are entered. Upon termination of year in it final data on categories and the number of the opened cases are entered.
This copy of the nomenclature of cases (job specifications) is the accounting document for cases of temporary storage and is stored in archive of notary office constantly.
6.4. All documents which are available in notary office after their execution are created on group of the performed documents in cases according to the nomenclature of cases.
6.5. On cover of each job specification the heading, for example, "wills", "agreements on alienation and pledge of apartment houses and documents based on which they are certified" is inscribed. The heading of the job specification is specified in strict accordance with job specification heading according to the nomenclature of cases constituted by the notary for every year.
6.6. Except heading the job specification index according to the nomenclature of cases, extreme dates and document numbers, storage duration and article about storage duration according to the list, and also the name of the organization or surname of the notary who is engaged in private practice is specified.
6.7. When forming cases it is necessary to be guided by the following basic rules:
1) in cases documents only in one calendar year shall be located;
2) it is inadmissible to place in one case documents with different storage durations as they shall be grouped separately;
3) documents join in case only in one copy, the room to draft copies and duplicates of copies is not allowed;
4) the amount of the created case shall not exceed 250 sheets, 3-4 cm of height. In case of large number of sheets case is created of several volumes under the same index, but with indication of number of volume;
5) it is inadmissible to create unexecuted documents and documents which contents does not answer heading of this case in cases. Documents are located in cases with all appendices relating to them;
6) documents in case are systematized on voprosno-logical, chronological, alphabetic and numerical signs. In the strict chronological sequence documents in cases with correspondence are located: the document answer shall be located surely after the document request. According to the procedure of numbers receipts are located;
7) when placing documents in case it is necessary to check correctness of their forming (availability in them of index, marks about execution, the signature, certifying text). Incorrectly processed documents return to the contractor.
6.8. The special procedure for forming of job specifications is provided for the documents connected with registration of inheritance.
All of them are filed in heritable cases which are opened based on the statement for inheritance acceptance or for refusal of inheritance, the document (order) on payment of expenses at the expense of heritable property.
6.9. Heritable case is registered in the book of accounting of heritable cases and number corresponding to sequence number according to this book is assigned to it. Besides, are filed in this case: subsequent applications (additional, from other heirs and creditors), which also in the book of accounting of heritable cases, the documents requested heirs, other persons and organizations, correspondence between the notary and heirs, copy of the certificate on the right to inheritance.
6.10. If heritable case is not finished with production in the current year, then it passes in the next year at the same number and is not subject to re-registration.
6.11. Withdrawal and issue of any documents from cases is not allowed. In exceptional cases (upon the demand of court, prosecutor's office, investigation authorities and inquiry in connection with the criminal or civil cases which are in their production, and also upon the demand of Arbitration Court in connection with the disputes which are in its permission) such withdrawal is made with obligatory leaving of the verified copy of the withdrawn document about what the decree is issued.
6.12. It is necessary to group in cases (job specifications) documents of one office work year. In case (job specification) documents are systematized in chronological procedure, and the document answer shall be located after the document request.
6.13. Annual plans and reports shall be located in case (job specification) of that year which they treat on the content, irrespective of time of their creation.
6.14. Inclusion in cases (job specifications) of the documents which are not relating to them, and also draft copies and draft documents is not allowed.
7.1. Notarial documents (certificates, agreements, powers of attorney, etc.), documents based on which they are made and also registers and books of accounting before delivery in the Public Records Offices are stored in office of notary public within 10 years.
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