of May 15, 1997 No. 411
About state notariate
The state notariate of the Republic of Tajikistan is designed to provide protection of the rights and legitimate interests of physical persons and legal entities and the state by making of the notarial actions provided by legal acts on behalf of the Republic of Tajikistan.
Activities of the state notariate are based on the principles of legality, humanity and respect of advantage of the personality and human rights with the personal responsibility of each official making notarial actions for the activities. Notarial activities are not entrepreneurship and do not pursue revenue generating purpose.
The legislation of the Republic of Tajikistan on the state notariate is based on the Constitution of the Republic of Tajikistan, consists of this Law, other regulatory legal acts and international legal acts recognized by the Republic of Tajikistan.
For making of notarial actions in the cities and areas of the republic the offices of notary public containing at the expense of the republican budget are formed. The office of notary public in the Republic of Tajikistan is formed (is established, opens) and is abolished by the Ministry of Justice of the Republic of Tajikistan.
In the capital of the Republic of Tajikistan - the city of Dushanbe the Main republican office of notary public of the Republic of Tajikistan is established. In the center of the Gorno-Badakhshan Autonomous Region and other regional centers one of offices of notary public is established as regional office of notary public.
Along with making of notarial actions Main republican and regional offices of notary public of the Republic of Tajikistan provide unity of notarial practice, carry out work on studying and generalization of notarial practice, participate in advanced training of workers of notariate and in check of activities of offices of notary public.
The management Main republican, the Gorno-Badakhshan Autonomous Region and regional Offices of notary public of the Republic of Tajikistan is performed - the main Notaries public of the republic and area, and other Offices of notary public - the senior notaries public, notaries public.
In settlements (settlements and villages) where there are no offices of notary public, the notarial actions provided by this Law make executive bodies of local government.
Making of notarial actions in the territory of other states is assigned to consular establishments of the Republic of Tajikistan.
Notarial actions in offices of notary public are made by the Main and senior notaries public, deputies of the Main and senior notaries public, notaries public.
Notarial actions in settlements and the villages of the Republic of Tajikistan are made by Dzhamoat's chairmen шахрак and Dzhamoata дехот. Making of notarial actions is made with observance of the rules established by chapter 5 of this Law.
Certify the wills and powers of attorney which are valid notarially certified documents having the right also the officials specified in the Civil code of the Republic of Tajikistan.
The list of officials of the consular establishments of the Republic of Tajikistan making notarial actions is established by the Consular charter of the Republic of Tajikistan.
The specified officials shall transfer immediately in one copy the wills certified by them to storage to the offices of notary public located in the capital of the Republic of Tajikistan or the regional center.
Captains of ocean ships shall transfer in one copy the wills certified by them to the harbor master or the consul of the state in foreign port for the subsequent direction them in the offices of notary public located in the capital of the Republic of Tajikistan or the regional center.
In the capital of the Republic of Tajikistan under the Main republican office of notary public of the Republic of Tajikistan and in the regional center under regional office of notary public the Public notarial Records Office for safety of the notarial documents which are subject to long-term storage is established.
The senior notaries public appointed to position and dismissed by the Minister of Justice of the Republic of Tajikistan head the specified archives.
The term of temporary storage of notarial documents in archives of offices of notary public constitutes 3 years. After the specified term offices of notary public hand over for storage notarial documents in the Public notarial Records Office under the Main office of notary public of the Republic of Tajikistan and in archive of regional offices of notary public.
In case of receipt from persons specified in Article of the fourth of this Law, wills the senior notary public of the Public notarial Records Office shall check legality of the will which arrived on storage and in case of establishment of discrepancy to its Law in writing to report about it to the testator and the official who certified the will.
The senior notary public of the specified archive issues duplicates and witnesses fidelity of copies of the documents which are stored in this archive and statements from them.
Activities of the Public notarial Records Office are regulated by the Provision approved by the Minister of Justice of the Republic of Tajikistan in coordination with the Head archive department under the Government of the Republic of Tajikistan.
The officials making notarial actions perform the activities on behalf of the Republic of Tajikistan.
When making notarial actions they are independent and submit only to the Law.
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The document ceased to be valid according to the Law RT of 16.04.2012 No. 810