of April 2, 1993 No. 1
About practice of application by courts of the Republic of the legislation by hearing of cases according to claims to notarial actions or to refusal in their making
Consideration by courts of the Republic Kyrgyzstan of cases on claims to notarial actions or on refusal in their making is one of important guarantees of protection personal and property, the rights of citizens and interests of the state.
Courts generally correctly, according to the current legislation, consider such cases.
At the same time, some of them experience difficulties in differentiation of special and claim proceeding on these cases in this connection the consideration facts in special proceeding of claims to notarial actions or on refusal in their making in the presence between interested persons of the dispute on the civil law subordinated to court take place. Not always still the rules of the civil procedural legislation regulating procedure for consideration of such claims are strictly respected. Not on all cases where it is necessary, courts react to the violations allowed by the notaries public and other officials making notarial actions. There are cases of unreasonable refusal in satisfaction of claims of citizens.
For the purpose of elimination of noted shortcomings and and ensuring uniformity of court practice the Plenum of the Supreme Court of the Republic Kyrgyzstan, decides:
1. Draw the attention of courts that the correct hearing of cases according to claims to notarial actions or to refusal in their making is directed to protection of the rights and interests of the citizens and the organizations arising from notarially certified agreements, execution of the succession law, making of executive texts, other notarial actions and promotes strengthening of legality in the field of civil legal relationship.
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The document ceased to be valid since December 25, 2025 according to the Resolution of the Plenum of the Supreme Court of the Kyrgyz Republic of December 25, 2025 No. 53