Article 24-1. Disciplinary responsibility of a notary engaged in private practice of the Notary Law

     1. The disciplinary commission of the Notary Chamber is the body for reviewing appeals and complaints about violations by members of the notary chamber of the requirements of the legislation of the Republic of Kazakhstan, the Notary Code of Ethics, the charter of the Notary Chamber, and the conditions of membership in the Notary Chamber (hereinafter referred to as the complaint).

     The disciplinary commission of the Notary Chamber includes at least four notaries with at least five years of notarial experience, who are elected at the general meeting of the members of the notary Chamber, as well as three representatives of the public proposed by the judicial authorities.

     The notary is the chairman of the disciplinary commission of the Notary Chamber.

     The procedure for reviewing complaints is determined by the Republican Notary Chamber, taking into account the requirements of this Law.

     The complaint is considered no later than one month from the date of its receipt.

     2. When considering complaints, the disciplinary commission of the Notary Chamber is obliged to invite to its meetings the persons who sent the complaints, as well as the members of the notary Chamber in respect of whom the complaint is being considered.  

     If the judicial authorities submit a submission on the initiation of disciplinary proceedings, its consideration is carried out with the participation of a representative of the judicial authority.

     The failure of these persons, duly notified of the time and place of consideration of the complaint, does not prevent its consideration.

     3. The Disciplinary Commission of the Notary Chamber has the right to decide on the application of the following disciplinary measures:

     1) Remark;

     2) Reprimand;

     3) severe reprimand;

     4) exclusion from the notary chamber or exclusion from the notary chamber by submitting a petition to the licensor to prepare a statement of claim for revocation of the notary's license.

     4. Excluded by the Law of the Republic of Kazakhstan dated 02/15/2021 No. 5-VII (effective ten calendar days after the date of its first official publication).  

     5. The decisions provided for in subitems 1) and 2) of paragraph 3 of this article shall be adopted by a majority vote of the members of the disciplinary commission of the Notary Chamber and shall enter into force from the date of their adoption by the specified body. The decisions provided for in subparagraphs 3) and 4) of paragraph 3 of this Article may be adopted by at least two thirds of the votes of the members of the disciplinary commission of the notary Chamber.

     6. The Notary Chamber, within five calendar days from the date of the decision by the disciplinary commission of the Notary Chamber on the application of disciplinary measures against a member of the notary Chamber, shall send a copy of the decision to the member of the notary Chamber, as well as to the person who filed the complaint on which the decision was made, using means of communication that ensure the recording of its receipt.

     7. Decisions of the disciplinary commission of the Notary Chamber may be challenged in the disciplinary commission of the Republican Notary Chamber or in court.

The Law of the Republic of Kazakhstan dated July 14, 1997 No. 155-I.

President    

Republic of Kazakhstan     

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