ORDER OF THE MINISTRY OF JUSTICE OF THE KYRGYZ REPUBLIC

of July 7, 2004 No. 106

About approval of the Instruction "About procedure for making of notarial actions by notaries of the Kyrgyz Republic"

For the purpose of ensuring unity of notarial practice, streamlining and enhancement of procedure for making of notarial actions and increase in level of protection of the rights and legitimate interests of citizens and legal entities, I order:

1. Approve the enclosed Instruction "About procedure for making of notarial actions by notaries of the Kyrgyz Republic".

2. Recognize to invalid:

- the order of the Ministry of Justice of the Kyrgyz Republic of May 25, 2000 No. 83 "About approval of the Instruction "About procedure for making of notarial actions by notary offices of the Kyrgyz Republic";

- the order of the Ministry of Justice of the Kyrgyz Republic of April 5, 2001 No. 59;

- the order of the Ministry of Justice of the Kyrgyz Republic of May 2, 2001 No. 67;

- the order of the Ministry of Justice of the Kyrgyz Republic of June 11, 2001 No. 89;

- the order of the Ministry of Justice of the Kyrgyz Republic of April 30, 2003 No. 64;

- the order of the Ministry of Justice of the Kyrgyz Republic of May 19, 2003 No. 71;

- the order of the Ministry of Justice of the Kyrgyz Republic of June 12, 2003 No. 92;

- the order of the Ministry of Justice of the Kyrgyz Republic of July 7, 2003 No. 105;

3. To the manager of department of work with notariate and legal profession Seydaliyeva Maripa Ermekovna to register this order in the procedure established by the law.

4. To the chief of staff - the head of department of organizational work, personnel and control of execution Abdrakhmanov Saparbek Satarovich to bring this order to the attention of chiefs of justice departments of areas and the city of Bishkek, the head of department of justice of the city of Osh.

5. To chiefs of justice departments of areas and the cities of Bishkek, department of justice of the city of Osh (I. Kochkorbayev, A. Ayylchiyev, N. Kutmanov, M. Karmyshakov, E.Kozhoakmatov, M. Abdykalykov, A. Tashkarayeva, A. Saparaliyev, B. Sopuyev) till July 20, 2004 to bring this order to the attention of the state and private notaries of the respective notarial districts and to carry out explanatory work.

6. To impose control over the implementation of this order on the manager of department of work with notariate and legal profession Seydaliyeva Maripa Ermekovna.

7. This order becomes effective after state registration in the Ministry of Justice of the Kyrgyz Republic and the subsequent official publication on the official site of the Ministry of Justice of the Kyrgyz Republic.

 

 

Approved by the order of the Ministry of Justice of the Kyrgyz Republic of July 7, 2004 No. 106

The instruction about procedure for making of notarial actions by notaries of the Kyrgyz Republic

Section I General provisions

1. According to article 28 of the Law of the Kyrgyz Republic "About notariate" private notaries make the following notarial actions:

1) is certified by transactions (agreements, wills, powers of attorney, etc.);

2) grant certificates on the property right to share in common property of spouses;

3) witness fidelity of copies of documents and statements from them;

4) witness authenticity of the signature on documents;

5) witness fidelity of transfer of documents from one language on another;

6) certify the fact of finding of the citizen in live;

7) certify the fact of finding of the citizen in certain place;

8) certify identity of the citizen with person represented in the photo;

9) certify time of production of documents;

10) is transferred by statements of physical persons and legal entities to other physical persons and legal entities;

11) is accepted in the deposit by sums of money and securities;

12) is made by executive texts;

13) is made by protests of bills of exchange;

14) is shown by checks to payment and certify non-payment of checks;

15) accept documents on storage;

16) is made by ship's protests;

17) is provided by proofs.

By legal acts of the Kyrgyz Republic also other notarial actions can be provided.

2. According to article 29 of the Law of the Kyrgyz Republic "About notariate" the notaries working in offices of notary public make the notarial actions provided by item 1 of this Instruction and also:

- impose and remove property acquisition bans;

- take measures to protection of heritable property;

- grant certificates on the right to inheritance.

The certificate on the property right in case of the death of one of spouses is granted by office of notary public which competence includes execution of the succession law.

3. According to article 1 of the Law of the Kyrgyz Republic "About notariate" notaries are guided in the activities by the Constitution of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About notariate" and other legal acts of the Kyrgyz Republic, orders and instructions of the Ministry of Justice of the Kyrgyz Republic, and also the acts issued by other public authorities and state bodies within their competence.

Notaries apply in the established cases and the legislation of other states.

4. Notaries shall observe the mystery of the made notarial actions.

Certificates of committed notarial actions and documents and copies of documents are issued only to citizens and legal entities, according to the order or concerning which notarial actions were made.

Certificates of wills (about will availability, its content, etc.) are issued to the testator, and after his death - to beneficiaries under a will and under the law upon presentation of the death certificate, assembly record about registration of death. Upon the demand of court, prosecutor's office, investigation authorities and inquiry of the certificate of committed notarial actions and documents and copies of documents are issued in connection with the criminal or civil cases which are in their production.

References and documents and copies of documents are issued by notaries only according to the written requirement of the specified bodies, relevant organs under seal.

Rules about observance of mystery of notarial actions extend also to persons who knew of committed notarial actions in connection with accomplishment of service duties by them.

Notaries, and also persons who knew of committed notarial actions in connection with accomplishment of service duties by them the mysteries, guilty of violation, of the made notarial actions, bear responsibility according to the procedure, established by the legislation of the Kyrgyz Republic.

5. According to Art. 21 of the Law of the Kyrgyz Republic "About notariate" notaries shall render to citizens and legal entities assistance in implementation of their rights and protection of legitimate interests, to explain the rights and obligations, to warn about effects of the made notarial actions legal lack of information and other similar circumstances could not be used by it to the detriment.

Notaries at the request of citizens and legal entities who addressed for making of notarial actions, constitute drafts of transactions and statements, make copies of documents and statements of them, and also make explanations concerning making of notarial actions.

6. The notarial clerical work in notary offices is conducted in the Kyrgyz or 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.

If the text of the processed document is orally translated by person knowing language of person who addressed for making of notarial action, the notary identifies the personality and capacity to act of this person is checked. At the same time the notary warns about responsibility for accuracy of translation and violation of mystery of committed notarial action, witnesses authenticity of the signature of person who orally made transfer of the text of the processed document. This action is not registered in the register magazine as independent notarial action.

7. The procedure for the organization of clerical work in notary offices is established by the Ministry of Justice.

Section II Basic rules of making of notarial actions

8. Notarial actions can be made in any notary office in all territory of the Kyrgyz Republic, except as specified, of the provided items 18, of 27, of 43, of 69, of 73, of 81, of 83, of 88, of 89, of 90, of 94, of 122, of 137, of 139, of 143, of 154, of 179, of 181, of the 186th this Instruction, and other cases when according to the legislation of the Kyrgyz Republic notarial action be made in certain notary office.

9. Notarial actions are made in notary office. In some cases, at the request of physical persons and legal entities, notarial actions can be made out of the specified room.

If notarial actions are made out of premises of notary office, then in certifying text on the document and in the register for registration of notarial actions the place of making of notarial action with indication of the address registers.

According to item 3 of Art. 4. The law of the Kyrgyz Republic "About the state fee", for the notarial action made out of notary office, the state fee is collected in double size, and also the actual expenses connected with departure for making of these actions are paid. Peasant farms, agricultural cooperatives and other rural producers are exempted from payment of the state fee in double size. Besides, according to article 23 of the Law of the Kyrgyz Republic "About notariate" in case of departure for making of notarial actions the notary levies paid services according to the rates (in office of notary public). In private notary office the amount of payment for the rendered services is established by agreement.

10. Notarial actions are made in case of presentation of all necessary documents and payments of the state fee. The state fee when making notarial action in office of notary public is paid to the relevant bank department. The state fee in private notary office is paid to the private notary. The private notary lists the state fee which arrived in day in the income of the state per day of making of notarial action, or no later than the following banking day and the receipt on payment of the state fee attaches to the register of registration of notarial actions.

11. According to article 35 of the Law of the Kyrgyz Republic "About notariate" making of notarial actions can be postponed in need of reclamation of additional data or documents from physical persons and legal entities, or the direction of documents for examination. Making of notarial actions shall be postponed if by law it is necessary to request interested persons about lack of objections from them against making of these actions. The term for which making of notarial action is postponed cannot exceed one month.

12. According to the statement of the interested person disputing in court the right or the fact for which certificate other interested person addressed making of notarial action it can be postponed for term no more than ten days. For suspension of making of notarial action except the statement of the interested person the notary requests confirmation of the fact of receipt of the statement of this person in court for contest of the right or the fact. If during this term the message on receipt of the statement is not received from court, notarial action shall be made.

In case of obtaining from court of the message on receipt of the statement of the interested person disputing the right or the fact about which certificate asks other interested person making of notarial action stops to permission of case by court.

13. In case of obtaining from court, prosecutor's office, investigating bodies, the message on receipt of the statement of the interested person disputing the right or the fact about which certificate asks other interested person making of notarial action stops before arrest removal.

14. When making notarial actions notaries identify the personality of the notarial actions of citizens, their representatives or representatives of legal entities which addressed for making.

The personality of citizens of the Kyrgyz Republic is identified according to the passport of the citizen of the Kyrgyz Republic.

The identity of citizens of the Kyrgyz Republic, it is permanent for living outside the Kyrgyz Republic, and not having the passport of the citizen of the Kyrgyz Republic, it is established according to the all-civil passport in the presence in it marks of diplomatic representation or consular establishment about statement on consular accounting or on the permanent residence and the valid residence permit of adoptive state, and also about marital status. In case of the certificate of transactions and need of identification of the owner alienable (pledged, transferred to use) property according to the above-stated passport, the notary shall request and attach in addition to notarial documents the copy of the certificate of birth or the statement from assembly record.

The identity of the minors which did not reach 16 years is established according to the certificate of birth and is confirmed by the legal representative or the guardian (custodian).

The personality of the military personnel is identified based on the identity certificate or the military ID issued by command of military units and military organizations.

The identity of persons exempted from places of detention is established according to the certificate of release.

The identity of the foreign citizens and persons without citizenship living in the territory of the Kyrgyz Republic is established by the form on residence in the Kyrgyz Republic or according to the national passport, or other documents, stipulated by the legislation the Kyrgyz Republic.

The identity certificate when witnessing fidelity of copies of documents and statements from them is not obligatory.

15. According to Art. 37 of the Law of the Kyrgyz Republic "About notariate" in case of the certificate of transactions capacity to act of citizens becomes clear and legal capacity of the legal entities participating in transactions is checked. In case of transaction by the representative its powers are checked.

16. Notarially certified transactions, and also statements and other documents are signed in the presence of the notary. If the transaction, the statement or other document are signed in the absence of the notary, signatory shall undersign for presence of the notary repeatedly.

17. If the citizen owing to physical defects, disease or for any other reasons cannot undersign with own hand, according to its order, at its presence and in the presence of the notary other citizen with indication of the reasons owing to which the document could not be signed with own hand by the citizen who addressed for making of notarial action can sign the transaction, the statement or other document.

If the citizen who addressed for making of notarial action, illiterate or blind, the notary, besides, reads to it the text of the document about what he on the document does mark.

If the deaf, mute or deaf-and-dumb citizen who addressed for making of notarial action, then when making notarial action there shall be competent person who can have a talk with it and certify the signature that contents of the transaction, the statement or other document correspond to will participating in it deaf, mute or deaf-and-dumb.

18. According to Art. 20 of the Law of the Kyrgyz Republic "About notariate" notaries have the right to request physical persons and legal entities of the data and the documents necessary for making of notarial actions. The corresponding data and documents shall be submitted in time, specified by the notary. This term cannot exceed 10 days.

According to Art. 6 of the Law of the Kyrgyz Republic "About notariate", notaries have no right to make notarial actions on the name and on its own behalf, addressed to and on behalf of the spouse (the spouse), their and relatives (parents, children, grandsons, brothers, sisters, the grandfather, the grandma), and also to make notarial actions addressed to and from employee name of this notary office, the workers consisting in employment relationships with the notary. Notarial actions in the specified cases are made in any other notary office.

The notarial actions made with violation of the rules specified in this Item are invalid.

19. Notaries do not take for making notarial actions the documents having erasures or additions, the crossed-out words and other not stipulated corrections, and also the documents performed by pencil.

If the submitted documents are stated on two and more single sheets, they shall be strung together, their sheets are numbered, and the number of the strung together sheets is certified by the signature of the official and seal of the legal entity who issued documents.

The text of notarially certified transactions shall be written clearly and accurately, the numbers relating to contents of the document and time frames are specified at least once by words, and names of legal entities - without reducings with indication of legal addresses (in necessary for sluchayakhtakzha of the current issue (settlement) account and bank department). Surnames, names and middle names of citizens shall be written completely with indication of the place of their residence. In case of the certificate of transactions on behalf of foreign citizens also their nationality is specified.

Blank until the end of line and other empty seats on documents procherkivatsya, except for the documents intended for action abroad in which crossed out sections are not allowed.

The additions and amendments having essential value for essence of the processed document (influencing the terms of transaction changing data of participants of the transaction and т.п)., shall be stipulated and in writing confirmed on the document with the signatures of participants of the transaction or other persons who addressed for making of notarial action, and also at the end of certifying text the signature of the notary and notary's seal.

The notary on the initiative or at the request of interested persons can correct only explicit slips or appreciable arithmetic errors, other technical mistakes which are not changing being of the certified or issued document. Such additions and amendments shall be stipulated by the notary at the end of certifying text the signature of the notary, notary under seal.

At the same time corrections shall be made so that everything mistakenly written, and then crossed out it was possible to read in the initial text.

The corrections made in the text of the document which is not signed by the parties at the end of certifying text make a reservation only the notary (mistakenly written "..." not to read, written "..." to trust, corrected "..." to trust) and are confirmed by its signature with appendix of official stamp.

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