Notarial issues

LAW OF THE KYRGYZ REPUBLIC

Bishkek, May 30, 1998 N 70

About notariate

(As amended by Laws of the Kyrgyz Republic of July 7, 1999 No. 65, March 28, 2004 No. 50, March 28, 2004 No. 51, August 9, 2007 No. 139, January 26, 2009 No. 32, March 4, 2010 No. 45)

 

SECTION 1

ORGANIZATIONAL BASES OF THE NOTARY'S ACTIVITY

 

 

Chapter 1

General provisions

 

 

Article 1. Notary Law

The legal basis for the activities of the notaries are the Constitution of the Kyrgyz Republic, this Law and other legislative acts of the Kyrgyz Republic.


Article 2. Notary

A notary is a system of state bodies, officials and private notaries, who are charged with the obligation to ensure, in accordance with the Constitution of the Kyrgyz Republic, this Law and other normative legal acts of the Kyrgyz Republic, the protection of the rights and legal interests of citizens and legal entities by the notary as provided by the legislation of the Kyrgyz Republic notarial acts on behalf of the Kyrgyz Republic. A private notary performs the functions delegated by the state, as specified in the first part of this article. (As amended by the Laws of the KR dated March 28, 2004 N 51, March 4, 2010 N 45


Article 3. Notarial actions

Notarial actions are actions of a notary to certify indisputable facts, legal events of legal significance, testimony of documents, giving executive power and legal authenticity to documents and other actions aimed at protecting the rights of citizens and legal entities, their legal interests as provided by this Law. Notarial actions in the Kyrgyz Republic are performed in accordance with this Law by public and private notaries.

Article 4. Notary

            A private notary may be a citizen of the Kyrgyz Republic who has a higher legal education, experience in the legal profession for at least three years, who has completed a six-month internship at a public or private notary, who has passed the qualification examination and is licensed to engage in private notary activities. The procedure for internship is determined by the Government of the Kyrgyz Republic.

 

Public notary is a public servant.

The following persons are not allowed to engage in notarial activities:

- recognized as incapable or partially capable in accordance with the procedure established by law;

- having a criminal record for an intentional crime, regardless of whether it is charged or redeemed.

When performing notarial acts, notaries have equal rights and bear equal responsibility.

Documents drawn up by public and private notaries have the same legal force.

Notaries have the right to create notarial chambers.

The rights and obligations of a notary are determined by this Law.

Article 4-1. Notary independence

The notary in carrying out notarial activities is impartial, independent and is guided by the Constitution and other regulatory legal acts of the Kyrgyz Republic.

(As amended by the Law of the Kyrgyz Republic of January 26, 2009 N 32)

Article 5. Assistant notary

(It expires in accordance with the Law of the Kyrgyz Republic of March 4, 2010 N 45)

Article 6. Restrictions in the activity of a notary

The notary may not:

to engage in entrepreneurial activity and no other activity, except for notarial, scientific and teaching;

to render intermediary services at the conclusion of contracts;

perform notarial acts in one’s own name and in one’s own name, in the name and in the name of one’s spouse (one’s spouse), them and one’s relatives (parents, children, grandchildren, brothers, sisters, grandfather, grandmother);

perform notarial acts in the name and on behalf of the employees of this notary office, employees who have an employment relationship with the notary.

 

Article 7. Compliance with the secrets of notarial acts

Notaries and other officials who commit notarial acts must observe the secrecy of these acts.

Certificates of notarial acts and documents are issued only to individuals and legal entities on whose behalf or in respect of which notarial acts were performed.

Certificates of notarial acts committed are issued at the request of the court, the prosecutor's office, the investigating authorities in connection with criminal or civil cases.

Inquiries about the value of property transferred to the ownership of citizens are submitted to the tax inspectorate in cases provided for in Article 21 of this Law.

Testament certificates are issued only after the death of the testator.

The obligation to observe the secrecy of the notarial acts performed also extends to persons who have become aware of the notarial acts in connection with the performance of their official duties.

(As amended by the Law of the Kyrgyz Republic of March 4, 2010 N 45)

 

Article 8. Notarial proceedings

Notarial clerical work is carried out by notaries and other officials who perform notarial acts in accordance with the rules approved by the Government of the Kyrgyz Republic.

Control over the implementation of notarial clerical rules by notaries and officials of executive bodies is exercised by the Ministry of Justice of the Kyrgyz Republic.

Article 9. Language of notarial clerical work

Notarial office work is conducted in the state or official language. If the person who applied for the notarial action does not speak the language in which the notarial clerical work is conducted, the texts of the executed documents must be translated by the translator.

(As amended by the Law of the Kyrgyz Republic of March 4, 2010 N 45)

Article 10. Personal stamp, stamps and forms of a private notary

The private notary has a personal seal with the image of the State Emblem of the Kyrgyz Republic, indicating the license number, last name, first name and patronymic name of the notarial district, stamps of identification marks, personal forms. The seal of a private notary may also contain personal protective equipment.

(As amended by the Law of the Kyrgyz Republic of March 4, 2010 N 45)