ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of April 30, 2026 No. 406

About introduction of amendments to some orders of the Minister of Justice of the Republic of Kazakhstan

I ORDER:

1. Approve the enclosed list of some orders to which changes are made (further – the list).

2. To provide to committee of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order;

2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan after day of its first official publication.

3. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

4. This order becomes effective since July 12, 2026, except for the paragraph of third, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and thirty fourth Item 2 of the list which become effective after ten calendar days after day of its first official publication.

It is approved Ministry of artificial intelligence and digital development of the Republic of Kazakhstan

It is approved Ministry of Culture and Information of the Republic of Kazakhstan

It is approved Ministry of national economy of the Republic of Kazakhstan

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of April 30, 2026, No. 406

The list of some orders to which changes are made

1. Bring in the order of the Minister of Justice of the Republic of Kazakhstan of January 31, 2012 No. 31 "About approval of Rules of making of notarial actions by notaries" (registered in the Register of state registration of regulatory legal acts at No. 7447) the following changes:

in Rules of making of notarial actions by notaries, approved by the specified order:

state Item 2 in the following edition:

"2. Notarial actions are made as indoors, and out of premises of office of notary public or the room of the private notary. If notarial action is made out of premises of office of notary public and the room of the notary, then in certifying text on the document and in the register of registration of notarial actions, the electronic register of Single notarial digital system (further - the electronic register of ENTsS) the place of making of notarial action with indication of its address and time registers.

Notarial actions with departure are made based on the statement of the interested person and have no permanent character.";

6, 7 and 8 to state Items in the following edition:

"6. Through ENTsS in the state database "Physical persons" are verified identity documents of persons who addressed for making of notarial action, and their legal representatives issued by authorized bodies of the Republic of Kazakhstan.

7. According to article 43 of the Law the notary finds out capacity to act of physical persons and legal capacity of the legal entities participating in transactions.

Capacity to act of physical person is determined by provision of identity documents, and also visually, during the conversation and through ENTsS in the state database "Physical persons".

Legal capacity of the legal entity including foreign, branch (representation) registered in the territory of the Republic of Kazakhstan it is determined through ENTsS from the state database "Legal entities".

Powers of the first head of the legal entity are checked through ENTsS in the state database "Legal entities" and by order of (decision) on appointment it for position.

Powers of the representative of the legal entity, and also the head of branch (representation) are determined by proxy signed by his head or the other person authorized on it by its constituent documents, this organization under seal.

Powers of the representative of physical person are checked by proxy, the Republic of Kazakhstan issued according to Article 167 of the Civil Code (further – RK Group).

Through ENTsS the notary checks the fact of issue of the power of attorney certified by the notary in the Republic of Kazakhstan.

8. Powers of parents on representation of interests of the minor children are determined by the certificate of birth of the child, power of the guardian (custodian) concerning sponsored (ward) - according to the decision of guardianship and custody bodies. The identity of parents, the guardian (custodian) are established based on the documents specified in Item 5 of these rules and also "Physical persons" and the digital system "registration Item REGISTRY OFFICE" are verified through ENTsS in the state database (further – TsS the REGISTRY OFFICE). The notary verifies data on scrap through ENTsS in TsS the REGISTRY OFFICE.";

state Items 23 and 24 in the following edition:

"23. All notarial actions are registered in the electronic register of ENTsS.

24. Registration of notarial action in the electronic register of ENTsS is made only after the certifying text or the issued document are signed by the notary.";

state Item 29 in the following edition:

"29. Death fact, the related relations which are the basis for inheritance acceptance are determined by the documents submitted to the notary. Through ENTsS in the state database "Physical persons", TsS the REGISTRY OFFICE are verified data if the documents submitted to the notary are issued by authorized bodies of the Republic of Kazakhstan.";

state Item 31 in the following edition:

"31. In case of refusal, suspension or adjournment in making of notarial action the notary issues the decree on refusal, suspension or adjournment in making of notarial action (further – the resolution).

In the resolution are specified:

1) date of pronouncement of the resolution;

2) surname, name, middle name (in case of its availability) the notary, number and date of issue of the license;

3) surname, name and middle name (in case of its availability) person who addressed for making of notarial action, the place of his residence (or the name and the location of the legal entity), date of the address;

4) the name of notarial action according to which the decree is issued;

5) motives for which making of notarial action is refused or suspended or postponed (with reference to the legislation);

6) procedure and terms of appeal of refusal, suspension or adjournment.

The resolution is constituted in duplicate, certified by the signature of the notary with putting down of its seal and is registered in the magazine of registration of outgoing documents in ENTsS. One copy is handed or goes to person to whom it is refused or person concerning whom it is suspended, or making of notarial action is postponed. The second copy of the resolution with the signature of person to whom the resolution, or with mark about the direction by mail is handed to person to which it is refused or concerning whom it is suspended or making of notarial action is postponed, it is left in cases of the notary.";

state Item 34 in the following edition:

"34. In case of the certificate of real estate transactions and issue of the certificates which are subject to state registration, the notary receives data on the registered rights (encumbrances) to real estate and its technical characteristics through ENTsS from digital system of the single State Immovable Property Cadastre (further - TsS EGKN) certified by the digital signature of the head, person, it replacing (according to the established distribution of service duties) registering body.

The certificate of real estate transactions and issue of the certificates which are subject to state registration is allowed in the absence of encumbrances, except as specified, of 140 and 160 these rules established by Items 52, of 54,.

In the absence of possibility of receipt of data on the registered rights (encumbrances) to real estate and its technical characteristics through ENTsS from TsS EGKN, information on the specific real estate unit and the generalized data on the rights of physical person or legal entity to the real estate objects which are available for it certified by registering body are issued on motivated requests of the notary in registering body.";

state Items 37 and 38 in the following edition:

"37. In case of termination by agreement parties about property acquisition, the notary certifies the agreement on agreement cancelation. In case of agreement cancelation about alienation of real estate, the notary receives data on the registered rights (encumbrances) to real estate and its technical characteristics through ENTsS from TsS EGKN.

38. The notary registers the agreement on agreement cancelation on alienation of real estate in the electronic register of ENTsS and in case of storage at it the title document on property returns to the owner of this property, the copy of copy of the agreement, and also the copy of the title document joins the agreement.

In case of agreement cancelation of the party return to the notary all copies of the agreement, at the same time the notary makes text about termination on all copies of the agreement with indication of register number and date of the certificate of the agreement on termination, and also entry in the electronic register of ENTsS.";

state Items 40 and 41 in the following edition:

"40. If in the gift agreement the right of the donator to cancel donation if he will endure the donee is caused, the notary according to the written application of the donator, checks the fact of registration of death of the donee through ENTsS in TsS the REGISTRY OFFICE, and also receives data on the registered rights (encumbrances) to real estate and its technical characteristics in TsS EGKN.

The statement of the donator for cancellation of the gift agreement is constituted in duplicate which authenticity of the signature notarially makes sure.

One copy of the application and the copy of the certificate or the notification on the death of the donee join the gift agreement copy which is stored in cases of the notary. The notary to the donator issues the notice in registering body on cancellation of the gift agreement which the second copy of the application of the donator about cancellation of the gift agreement joins.

On all copies of the gift agreement, and also in the electronic register of ENTsS the notary does mark about donation cancellation, with putting down of date, the signature.

41. In case of recognition of the transaction invalid, it agrees to the judgment which took legal effect, the notary in whose cases the transaction is stored does mark about it in the register of registration of notarial actions, the electronic register of ENTsS, attaches the copy of the judgment and returns to the owner the title document.";

in Item 44 the fourth and fifth to state paragraphs in the following edition:

"During transaction the notary checks the marriage relations of spouses through ENTsS in the state database "Physical persons", TsS the REGISTRY OFFICE and according to the registration certificate of scrap or according to the electronic document from service of digital documents about what also makes record on consent and specifies number, date of issue of the certificate and the name of the body which issued the document (except for when scrap is registered outside the Republic of Kazakhstan).

In case of representation by person who addressed for receipt of notarial services, statements for lack of scrap the notary also checks availability (absence) of the registered scrap through ENTsS in the state database "Physical persons", TsS the REGISTRY OFFICE (except for when scrap is registered outside the Republic of Kazakhstan).";

state Item 48 in the following edition:

"48. In case of the certificate of agreements of alienation of real estate the notary requests title, identification documents on the parcel of land and determines powers of the owner of the parcel of land (land user) by alienation of the rights belonging to it.

At the same time the notary verifies the information about the owner and the identification characteristics of real estate object specified in the title document with identity documents of owners of physical persons or the certificate of registration of the legal entity, and also with data of TsS EGKN and the state database "Legal entities".

In case of change of information about the owner and identification characteristics of real estate object they are subject to obligatory state registration according to article 6 of the Law of the Republic of Kazakhstan "About state registration of the rights to real estate" (further – the Law On state registration of the rights to real estate). Registration of changes is made by putting down of the corresponding text of registering body on the title document and fastened with the sign and seal.

The notary does not request the identification document on the parcel of land in case of alienation of the residential and non-residential premises which are in structure of condominium.

Through ENTsS in the state database "Physical persons" the notary checks data and in writing notifies the acquirer about the number of registered persons to the address with the registration code of the address (RCA) of real estate object.";

state Item 56 in the following edition:

"56. In case of discrepancy of information about the owner, data on the identification characteristics of real estate object specified in the title document with data on the registered rights (encumbrances) to real estate and its technical characteristics reflected in TsS EGKN at the time of the order, issue of certificates, pronouncement of resolutions on appointment of the trustee by inheritance, the notary checks registration of such changes, except as specified, when change of identification characteristics of the real estate happens according to the decision of state bodies, including in case of change of the name of settlements, names of streets, and also sequence number of buildings and other structures (address) or in case of change of cadastral numbers in connection with reforming of the administrative-territorial device of the Republic of Kazakhstan, according to article 6 of the Law On state registration of the rights to real estate.";

in Item 85-3 third to state the paragraph in the following edition:

"The marriage relations of spouses the notary checks under the marriage certficate or through ENTsS in the state database "Physical persons", TsS the REGISTRY OFFICE about what makes record on consent the agreement on payment of the alimony and specifies number, date of issue of the certificate and the name of the body which issued the document.";

in Item 95 third to state the paragraph in the following edition:

"Through ENTsS in the state database "Physical persons" are verified identity documents of the testamentary executor (executor).";

state Item 100 in the following edition:

"100. The notary does mark in the electronic register of ENTsS about cancellation, change of the will.";

in Item 100-1 to state paragraph two in the following edition:

"Person which provided the certificate or the notification on the death of the testator, and also envelope with the confidential will in case of its storage the testator or at the contractor (executor) has wills, gives to the notary at whom the confidential will the statement for opening of envelope and announcement of the text of the confidential will which is registered the notary in day of receipt in the magazine of registration of incoming documents in ENTsS is certified.";

in Item 102 to state paragraph two in the following edition:

"IIN and data of the identity document of the principal, and also the BIN of the legal entity are entered in the electronic register of ENTsS.";

state Item 110 in the following edition:

"110. The notary does mark in the electronic register of ENTsS about cancellation of the issued power of attorney, or refusal of it.";

state Item 125 in the following edition:

"125. The declarations of abandonment of inheritance adopted in writing or about issue of the certificate on the right to inheritance (about inheritance acceptance) are registered in the register of heritable cases of ENTsS, according to requirements of Rules of maintaining the registers of single notarial digital system approved by the order of the Minister of Justice of the Republic of Kazakhstan of April 30, 2021 No. 356 (registered in the Register of state registration of regulatory legal acts for No. 22701) (further - Rules on maintaining registers).

If the statement on which authenticity of the signature of the heir is not attested notarially or found error in the statement which arrived to the notary by mail or transferred from other notary), the notary adopts the statement, registers it in the Book of registration of heritable cases and the Alphabetic book of accounting of heritable cases. At the same time the notary suggests the heir to send the application issued properly or to be personally to the notary.";

in Item 138 paragraph one to state in the following edition:

"138. In case of issue of the certificate on the right to inheritance the notary requests the information certificate of absence/availability of heritable case and the will in ENTsS or from other offices of notary public, notaries or territorial notarial chamber in the place have opening of inheritance.";

state Item 177 in the following edition:

"177. Rules of witnessing of the copy from the copy of the document are similar to rules of witnessing of the copy of the document. In the electronic register of ENTsS content, details of the document, data on body, originally certified the copy of the document is specified.";

in Item 220 to state paragraphs of the sixth and seventh in the following edition:

"The notary checks data on physical persons and legal entities and their heads through ENTsS.

The statement is registered in the electronic register of ENTsS.";

in Item 222 third to state the paragraph in the following edition:

"The notary on the module ENTsS "Check of Executive Text" checks data concerning making of executive text according to this obligation.";

state Item 224 in the following edition:

"224. For collection of sum of money or reclamation of other personal estate from the debtor, the notary scans the authentic document confirming the obligation of the debtor and makes executive text in electronic form. At the same time, on the authentic document confirming the obligation of the debtor the mark about making of executive text with indication of date and number at which the executive text is registered in the electronic register of ENTsS is put down. The mark about making of executive text is certified by the signature of the notary and sealed it.

In case of provision by the claimant of the document establishing debt in electronic form, signed by the digital signature the mark about making of text in such document by the notary does not become.";

9) of Item 226 to state subitem part two in the following edition:

"The executive text, committed in electronic form by means of ENTsS, is certified by the digital signature of the notary;";

state Item 228 in the following edition:

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