ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of June 4, 2001 No. 67

About approval of Single rules about procedure and conditions of putting down of apostille on the official documents coming from state bodies and also from notaries of the Republic of Kazakhstan

In pursuance of the order of the Government of the Republic of Kazakhstan of April 24, 2001 N 545 "About measures for realization of provisions of the Convention canceling the requirement of legalization of foreign official documents (The Hague, on October 5, 1961)", I order:

1. Approve the enclosed Single rules about procedure and conditions of putting down of apostille on the official documents coming from state bodies, and also notaries of the Republic of Kazakhstan.

2. This order inform the interested state bodies.

3. To impose control of execution of this order on the vice-Minister of Justice - Tolkanchinov A. K.

4. This order becomes effective from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan.

 

Minister of Justice Republic of Kazakhstan

I.Rogov

"Are approved" Prosecutor General's Office Republic of Kazakhstan On May 30, 2001 Supreme Court

"Are approved" Committee on judicial to administration in case of Republic of Kazakhstan on May 18, 2001

"Are approved" Ministry of Internal Affairs Republic of Kazakhstan May 25, 2001

"Are approved" Ministry of state income of the Republic of Kazakhstan May 30, 2001

"Are approved" Committee of the national safety Republic of Kazakhstan June 4, 2001

"Are approved" Ministry of Culture, information and public consent of the Republic of Kazakhstan May 22, 2001

"Are approved" Ministry of Defence Republic of Kazakhstan May 18, 2001

"Are approved" Ministry of Education and sciences of the Republic of Kazakhstan May 18, 2001

Approved by the order of the Minister of Justice of the Republic of Kazakhstan of June 4, 2001 No. 67

Single rules about procedure and conditions of putting down of apostille on the official documents coming from state bodies and also from notaries of the Republic of Kazakhstan

1. General provisions

1. These Single rules (further - Rules) developed according to the order of the Government of the Republic of Kazakhstan of April 24, 2001 N 545 "About measures for realization of provisions of the Convention canceling the requirement of the legalization of foreign official documents made in the city of Hague on October 5, 1961" determine procedure and conditions of putting down of apostille and are subject to application by all authorized state bodies given the right of putting down of apostille on the official documents coming from the Republic of Kazakhstan.

2. In these rules the following determinations are used:

apostille - the special stamp certifying authenticity of the signature of person which signed the document, and confirmation of its powers, and also authenticity of seal or stamp which fasten this document;

"asterisk" - dense paper which is stuck in the place of fastening of document sheets, and on which the official stamp of the body which put down apostille is put down;

authorized state bodies - the state bodies which are putting down apostille in pursuance of the order of the Government of the Republic of Kazakhstan of April 24, 2001 N 545 "About measures for realization of provisions of the Convention canceling the requirement of the legalization of foreign official documents" made in the city of Hague on October 5, 1961 (further - the resolution);

persons which are putting down apostille - the officials of authorized state bodies performing functions on putting down of apostille.

3. The purpose of the procedure of putting down of apostille is providing guarantee of authenticity and proper execution of the apostilled documents intended for action in the territory of member countries of the Hague Convention.

Persons which are putting down apostille bear responsibility for authenticity of the signature, quality in which person which signed the document and in proper case, authenticity of seal or stamp which fasten this document acted.

4. As the official documents which are subject to putting down of apostille are accepted:

1) the documents coming from state bodies (organizations, notaries) and officials of the Republic of Kazakhstan, including from judicial authorities, bodies of prosecutor's office, akims, etc.;

2) notarially certified documents;

3) documents with official marks (visas, marks about registration, assurance of the signature in the document which is not certified at the notary, etc.).

5. The apostille is not put down on:

1) the documents made by embassies or consular establishments of the Republic of Kazakhstan abroad;

2) the documents having a direct bearing on commercial or customs transactions.

Exception are the following documents: charters and constituent documents, the patent and other documentation proceeding from state body (the registration certificate, the license, etc.).

6. The apostille has the stamp form - the square cliche performed according to appendix to the resolution.

Filling of columns in stamp is allowed only in state language.

2. Procedure and conditions of putting down of apostille on official documents

7. The apostille is put down upon presentation of the document and payment of the state fee for putting down of apostille.

8. Documents are accepted for putting down of apostille both in originals, and in notarially attested copies.

9. The documents submitted for putting down of apostille shall be written clearly and accurately, signatures of officials and prints of seals shall be clear.

10. The apostille is put down at the request of any bearer of the document on the place of the document, free from the text, or on its back and is sealed official authorized state body.

11. The apostille is put down on originals of the official documents proceeding only from state bodies (organizations), officials or notaries of the Republic of Kazakhstan as participant of the Hague Convention.

The documents issued by state bodies (organizations) officials or notaries of other sovereign states (the former federal republics as a part of the USSR), cannot be accepted in the territory of the Republic of Kazakhstan to putting down of apostille on originals.

In similar cases the addressed person should explain about possibility of putting down of apostille on notarially attested copies in the location of authorized state body.

12. Modification of the text of apostille and change of the sequence of placement of its lines in stamp is not allowed.

Also production of apostille at sight by method of photocopying of stamp of apostille or other way for filing is not allowed to the certified documents.

In all cases the apostille is put down as stamp print. The stamp of apostille can be performed by computer method.

13. The apostille in case of impossibility of its putting down on the submitted document can be put down on the single sheet of paper. In this case document sheets and leaf are fastened to apostille together by underrunning with thread of any color (or special thin cord, tape) and numbered about what on "asterisk" the corresponding record is made.

The last leaf of documents in the place of fastening is stuck with "asterisk" on which the official stamp is put down. At the same time the put-down impress of a seal shall be located regularly on "asterisk" and on leaf.

The number of the fastened sheets is certified by the signature of person which is putting down apostille.

The sheet with the put-down apostille shall be filed to the document by the method stated above and if the document has firm cover (for example, the diploma about education).

14. Putting down of apostille can be postponed in case of need reclamations of the specimen signature and confirmation of powers for right to sign of person which signed the submitted document and also reclamations of sample of impress of a seal (stamp) of state body (organization), the official or the notary from whom the document proceeds.

15. In the cases specified in Item 5 of these rules it can be refused putting down of apostille about what the addressed person is given motivated refusal in writing with indication of causes of failure within 10 days from the date of adoption of the document.

The refusal can be appealed judicially.

16. In authorized state bodies there shall be specimen signatures of officials of the subordinated bodies, etc. from which official documents on apostilization arrive or can arrive.

17. When there are no specimen signatures of officials, seals and stamps of state bodies (organizations) or officials from which the document proceeds, the apostille can be put down on notarially attested copies of documents.

18. If the document is signed by several persons, in apostille the signature of the official is witnessed and official capacity of the main thing from them on position is specified.

19. When the signature of the official and his surname is not provided in the document, and the document proceeds from state body (organization), in line 2 stamps of apostille are specified: "the signature is not provided", and in lines 3 and 4 the name of body from which the document proceeds registers.

3. Procedure for ledger maintenance of document registration, provided for putting down of apostille

20. Document registration on which the apostille is put down is made in the Book of document registration, provided for putting down of apostille (further - the Book) (appendix 1).

21. The book consists of 9 columns when which filling the following is specified:

1) in column 1 - sequence number of the registered document on which the apostille is put down;

2) in column 2 - date of putting down of apostille;

3) in column 3 - surname, name and middle name of person who addressed for putting down of apostille;

4) in column 4 - passport number (identity certificates) when also who issues the document of person who addressed for putting down of apostille;

5) in column 5 - the name and contents of the document submitted for putting down of apostille when also to whom it is issued;

6) in column 6 - surname, name, middle name and position of person which signed the document, and concerning unsigned dokumentovukazaniye of the state body which put down seal or stamp;

7) in column 7 - the country to which the document goes;

8) in column 8 - list in receipt of the document by person who addressed for putting down of apostille;

9) in column 9 - surname, name, middle name and position of person which put down apostille.

22. The book shall be strung together, its sheets are numbered and ratified person which is putting down apostille and official stamp of authorized state body in which this Book is kept.

23. Record in the Book is made after sight receipts on payment of the state fee and putting down on the document of apostille.

24. Erasures in the Book are not allowed, and amendments shall be stipulated by the signature of person which is putting down apostille responsible for ledger maintenance.

Appendix 1

See Appendix 1 (3Kb In original language)

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