It is registered
in the Register of state registration
regulatory legal acts
for No. 655
of July 16, 1998 No. 83
About approval of the Instruction on notarial clerical work in the Republic of Kazakhstan
According to article 32 of the Law of the Republic of Kazakhstan "About notariate" of July 14, 1997 I order:
1. Approve the Instruction on notarial clerical work in the Republic of Kazakhstan.
2. To chiefs of territorial authorities of justice:
- organize studying of the Instruction by all notaries and provide its correct application in practical activities on record keeping;
- till 01.09.98 to bring into accord with requirements of this Instruction of the book, magazines, forms, registration stamps and to provide with them all offices of notary public.
3. Due to the enforcement of this Instruction to consider invalid the Instruction "On clerical work in offices of notary public", the Minister of Justice of the Kazakh SSR approved by the order N 3 of 03.03.1976.
4. Declare invalid item 2 of the order N 61 of 25.05.98. "About approval of the sketch and provisional regulations for seal of the private notary".
5. To impose control of execution of this order on Department of the organization of legal services.
Minister
1. This Instruction on notarial clerical work (further the Instruction) is constituted taking into account the Basic rules and requirements of GOST 6.38-72 of organizational and administrative documentation and establishes single procedure for record keeping in notariate.
2. According to article 4 of the Law "About Languages in the Republic of Kazakhstan" the notarial clerical work is conducted in the state and Russian languages.
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 notary or the translator.
3. Responsibility for the organization and the correct record keeping and archive in office of notary public is assigned by the order of the chief of territorial authority of justice to one of notaries of office of notary public.
Responsibility for the organization and the correct record keeping and archive of the notary who is engaged in private practice is born by the notary.
4. In case of dismissal or transfer into other work of the notary public responsible for archive, its obligations are assigned to other notary about what the delivery-acceptance certificate is drawn up. In case of abdication by the notary who is engaged in private practice, the territorial authority of justice and notarial chamber shall take measures for document transfer to other notary or in the relevant private notarial archive (article 12 Item 3 of the Law "About Notariate").
4-1. The right of access to data of the electronic register of single notarial information system (further - ENIS) the private notary is provided to the relevant private notarial archive of territorial notarial chamber as follows:
the licensor enters in ENIS data on the order on cancellation of the license of the private notary (date, number, the basis);
regional, the cities of Astana and Almaty territorial authorities of justice enter in ENIS data on the order on removal of the private notary from accounting registration (date, number, the basis);
the relevant Notarial chamber enters in ENIS data on the order on loss of membership of notarial chamber (date, number, the basis).
On condition of registration of the specified data access to the data which are in ENIS is provided to private notarial archive of territorial notarial chamber.
The right of access to data of the electronic register of ENIS of the notary public is granted to the relevant Public Records Office by introduction in ENIS of data on the dismissal order of the notary public (date, number, the basis).
4-2. In case of the termination or suspension of action of the license of the private notary the licensor within 24 hours from the date of pronouncement of the order blocks possibility of registration of notarial actions in the electronic register of ENIS of this private notary, with reflection of data on the order (date, number, the basis of the termination or suspension, suspension term). In case of the expiration of suspension or recovery of action of the license by the licensor within 24 hours from the date of pronouncement of the order its unblocking is made.
4-3. In case of stop of work of ENIS for technical reasons the notary draws up about it the statement and makes entry in the register for registration of notarial actions. In case of recovery of work of ENIS of record, ENIS which are not reflected in the electronic register, are made no later than 24 hours in that sequence in which entry in the register is made for registration of notarial actions.
4-4. Use by notaries of data from the state electronic information resources by means of ENIS for personal reasons is not allowed.
5. The certificate of notarial transactions, issue of certificates and witnessing of other documents, and also certifying texts to them shall be written with observance of requirements of the Instruction "About procedure for making of notarial actions by notaries", approved as the Minister of Justice on July 28, 1998 for N 539, and taking into account the basic rules and requirements of GOST 6.38-72.
6. In the documents of organizational and administrative nature proceeding from the notary it is necessary to specify the name of office of notary public or surname, name, middle name of the notary who is engaged in private practice, the postal address and the notarial district on which the notary performs notarial activities. The name of document type (the protocol, the resolution, the power of attorney) is printed by capital letters and the document heading is specified.
7. The heading is constituted to any document of the A4 format (210kh297mm), irrespective of its appointment. The heading is created by the originator, it shall be extremely short and precisely reflect contents of the document.
The heading is not specified on notices and telephone messages.
8. When writing the address on the document it is necessary to observe the following details:
the document is addressed to the organization, its structural division or the particular person;
the name of the organization and its structural division is specified in the Nominative case;
in case of the direction of the document to the official the name of the organization in the Nominative case, and position and surname of the addressee - in dative is specified;
the postal address of the correspondent is specified completely after the name of the organization which the document goes. In that case when the document goes to citizens, at first the postal address, and then surname and the receiver's initials is specified.
9. Dating of documents is made by two methods:
by writing of date and year in figures, and name of month in cursive script, for example: January 27, 1998;
in three vapors of Arab figures, for example: 27.01.98. If the number and number of month consist of one figure, then is ahead added "0", for example: 02.02.98.
If the document is constituted not on the form, is dated below the signature on the left side of the document.
10. All copies of in-house documents shall be signed.
Shall be part of the signature of the document: the name of position of person which signed the document, the personal signature and its disaggregation, for example, "the notary (signature) O. O. Omarova".
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.
11. 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 appendices mentioned in the text, then it is necessary to specify in appendix only the number of sheets and number of copies.
12. In case of reply to the request it is necessary to make reference to number and date of the document request.
13. The documents consisting of two and more sheets shall be numbered, strung together and under seal.
14. All documents (including statements) which arrived in office of notary public or to the notary who is engaged in private practice are subject to registration.
Envelopes with signature stamp "personally", greeting cards and other similar documents are not registered and are not opened. Envelopes with the arrived documents are not destroyed if it is possible to determine time of sending or receipt of the document, or the sender's address only by them.
15. In case of acceptance of the arrived documents first of all the documents delivered not to destination are selected and also integrity of investment is checked. Mistakenly delivered documents are sent on accessory. If lack of documents or appendices to them is revealed, about it the message to the sender becomes.
16. For accounting of documents and control of their execution notary offices and private notaries shall keep the following magazines:
magazine of incoming correspondence (Appendix N 1)
magazine of outgoing correspondence (Appendix N 2)
The documents arriving to the notary undergo logging of incoming correspondence.
Number of its registration is dated the received document on the lower field of the first leaf also on the right (Appendix N 3) which corresponds to sequence number in the magazine of incoming correspondence, and also number of the job specification in which the document will be filed.
17. Statements for inheritance acceptance, issue of certificates on the right to inheritance, for refusal of inheritance, taking measures to protection of heritable property, the claim of creditors, the notices on imposing of prohibition of alienation of the real estate, the message of judicial and investigating authorities on imposing of arrests on the real estate which arrived by mail are registered in the magazine of incoming correspondence and are registered according to the procedure, established by the Instruction "About procedure for making of notarial actions".
18. The notary registers in the book of accounting of values the described heritable property, with indication of the separate pieces of heritable property transferred to storage to bank (other keeper) (Appendix N 4).
19. Outgoing documents are registered in the magazine of outgoing correspondence.
On the document registration number which corresponds to sequence number in the magazine of outgoing correspondence, and also number of the job specification in which its copy will be stored is put down.
20. Correspondence goes to addressees by mail or the courier.
21. Control of terms and workmanship of documents is performed by the notary heading office of notary public or the notary who is engaged in private practice.
22. Documents of office of notary public and the notary who is engaged in private practice after their execution are grouped in the cases representing set of the documents relating to certain question.
Classification of documents is enshrined in the nomenclature of cases on the basis of the approximate nomenclature (Appendix N 5) which represents the systematized list of headings of the cases opened in clerical work with indication of terms of their storage (cases, registers for registration of notarial actions, books, magazines).
23. The nomenclature of cases of notariate is printed in necessary number of copies and becomes effective since January 1 of the next year.
The nomenclature of cases peresostavlyatsya with the relevant amendments, is approved with the relevant archive and affirms the head of office of notary public or the notary who is engaged in private practice. The first copy of the nomenclature of cases is stored at the notary, the second is used by the notary as the worker, third is given to archive of notariate, the fourth remains in archive with which the nomenclature of cases was approved.
24. Reserve numbers are provided in the nomenclature of cases in case of need within year to create the additional job specifications which are not provided earlier.
25. Upon termination of year in the nomenclature of cases final record about the number of the created job specifications is made (Appendix N 6).
The copy of the nomenclature put as the accounting document for cases of temporary storage, remains in archive of office of notary public or the notary who is engaged in private practice, constantly.
26. All available in office of notary public and for the notary who is engaged in private practice, documents after their execution are grouped in job specifications.
27. Unlike other documents of the statement for inheritance acceptance, on issue of the certificate on the right to inheritance, on payment of expenses at the expense of heritable property, about taking measures to protection of heritable property on which these measures are taken and also claims of creditors are at once created in separate heritable cases, each of which receives the index corresponding to the nomenclature of cases (job specifications) then are registered in the book of accounting of heritable cases (Appendix N 7) with giving to it sequence number.
All documents connected with registration of inheritance according to the specified statement are filed in heritable case.
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.
28. In job specifications documents of one year are grouped. In the job specification they are systematized in chronological procedure, and the document answer shall be located after the document request.
29. Statistic reports shall be filed in the job specification of that year to which they belong on content irrespective of time of their creation.
30. Inclusion in job specifications of the documents which are not relating to them, and also draft copies and draft documents is not allowed.
31. When forming job specifications it is necessary to follow the following rules: place in the job specifications only performed, correctly processed documents according to the approved nomenclature of cases;
place together all documents relating to permission of one question;
group documents of one office work year, the cases except for passing into job specifications;
to separately create documents of permanent and temporary storage in job specifications;
the documents which are subject to return, excess copies, draft copies shall not be filed in job specifications;
the number of sheets in the job specification shall not exceed 250.
32. Letters, addresses and claims of citizens concerning work of notariate and all documents on their consideration and execution are grouped separately from petitions from citizens in private matters.
33. Appendices to documents irrespective of date of their approval or creation join documents which they treat.
34. Covers of job specifications are drawn up in accordance with GOST 17914-72 (Appendix N 8):
job specifications of permanent storage duration consist in firm cover and are stitched by strong threads in 4 punctures, texts on covers are made by light-resistant ink, at the end on the single sheet the zaveritelny text in form is put: "in the job specification it is strung together and numbered on 5 (five) sheets. Responsible for archive - the signature, date";
job specifications temporary (up to 10 years inclusive) storages are subject to partial registration - storage in folders is allowed, sheets are not numbered, zaveritelny texts are not constituted.
35. Sheets in job specifications are numbered by the Arab letters in the right upper corner, without touching the text of documents, black graphical pencil or numerator. The use of colored pencils and ink for numbering of sheets is forbidden.
36. On all job specifications completed in notariate clerical work permanent and temporary (over 10 years) the storages and job specifications on staff which passed the examination of values, created and drawn up according to "The basic rules of documentation and management of documentation" are constituted inventories of job specifications.
The inventory of job specifications is the systematized list of headings of job specifications opening structure and contents of job specifications (Appendices N 9, N 10).
Inventories of job specifications are constituted separately on:
job specifications of permanent storage;
job specifications temporary (up to 10 years) storages;
job specifications temporary (over 10 years) storages;
job specifications on staff.
Annual Sections of the inventory on job specifications of permanent storage duration are constituted in four copies, certified by the notary, responsible for clerical work, of office of notary public or the notary who is engaged in private practice are signed by commission of experts and approved with the head of notariate.
Inventories on job specifications of permanent storage go for approval in the relevant state archive. Three copies of the inventory after approval remain in state archive, one returns to office of notary public or to the notary who is engaged in private notarial practice.
According to the approved annual Sections of the inventory offices of notary public, the notaries who are engaged in private practice shall check at the scheduled time in state archive all job specifications included in the schedule.
On the documents selected to destruction the statement in duplicate is drawn up (Appendix N 11) which is considered along with inventories of job specifications and affirms the head of office of notary public or the notary who is engaged in private practice then the job specifications selected to destruction are destroyed.
37. According to article 49 of the Law of the Republic of Kazakhstan "About notariate" all notarial actions are registered in registers for registration of notarial actions and the electronic register of ENIS.
The form of registers is established by the Ministry of Justice of the Republic of Kazakhstan (article 50 of the Law of the Republic of Kazakhstan "About notariate").
38. Registers for registration of notarial actions shall be strung together, their sheets are numbered and under seal also the signature, in offices of notary public the employee of territorial authority of justice, in the register for registration of notarial actions of the notary who is engaged in private practice - notarial chamber.
39. Each notary has the individual register for registration of notarial actions. Simultaneous maintaining several registers is not allowed.
The individual sequence number is assigned to each notarial action. Numbers shall not be duplicated, register through fraction.
40. Notarial action registers the notary in the register for registration of notarial actions and the electronic register of ENIS after certifying text or the issued document it is signed by the notary.
41. Erasures in the register for registration of notarial actions are not allowed, and amendments shall be stipulated by the sign and seal of the notary. Records by pencil in the register for registration of notarial actions are not allowed. In case of identification of mistake when numbering notarial actions the reference signed by the notary is constituted and filed at the end of the register for registration of notarial actions.
In the electronic register of ENIS of the amendment and mistake make a reservation in the column "Note".
42. In the register for registration of notarial actions and the electronic register of ENIS of action, made by notaries (appendices 12, 12-1).
Numbers and entries in the register for registration of notarial actions shall correspond to numbers and entries in the electronic register of ENIS.
43. The register for registration of notarial actions consists of 7 columns which are filled in as follows:
in column 1 - the sequence number of the registered notarial action is specified;
in column 2 - date of making of notarial action is specified;
in column 3 - surname, the name, middle name and the residence of citizens or their representatives (parents, guardians, custodians), the name of legal entities and the place of their stay for which notarial action is made are entered. If one of participants of the transaction acts by proxy, surname, the name, the principal's middle name, number and date of issue of the power of attorney are in addition entered. In the same column surname, the name, middle name and the residence of the citizens who subscribed for persons who are not able independently are entered to be signed, and also translators.
When the copy of notarially processed document (for example, the agreement, the will and others) remains in cases of office of notary public or at the private notary, addresses of the parties are not specified;
in column 4 - details of the identity certificate or passport of the citizens who addressed for making of notarial action are specified;
in column 5 - when witnessing fidelity of the copy of the document the number of copies of the copy, the number of pages, the name of the document, surname and initials of person addressed to which the document, the name of the body which issued the document is issued is specified;
in case of the certificate of transactions in this column only the transaction type is specified, for example: "will", "purchase and sale agreement", also register data on the granted certificates, for example: "certificate on the property right", "certificate on the right to inheritance";
in case of the certificate of the power of attorney the type of the power of attorney is specified;
in case of simultaneous issue of several executive texts on documents of uniform form only their total quantity with reference to the list of debtors left in notary office is specified, for debt collection;
in column 6 - the amount of the collected national duty the notary public is specified or the amount paid to the private notary for making of notarial actions in case of collection of the amount according to the payment order number and date of its issue are specified. In case of release of the citizen from payment of the national duty or from payment of the amount it is specified to the private notary "from payment it is exempted on the basis..." (the release basis is specified);
in column 7 - the signature of person who addressed for making of notarial action.
43-1. Notarial actions are also registered in the electronic register of ENIS in form, according to appendix 12-1 to this Instruction.
The electronic register of ENIS consists of 9 columns.
In column 1 the sequence number of notarial action corresponding to the register for registration of notarial action is specified. Since January 1, 2011 register number is assigned to ENIS automatically.
In the column 2 registration date of notarial action (it is put down automatically).
In the column 3 date of the actual making of notarial action (in case of introduction of data not in day of making of notarial action for technical reasons, making of notarial action with departure, etc.).
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The document ceased to be valid according to the Order of the Minister of Justice of the Republic of Kazakhstan of 23.08.2011 No. 294