Complaint about notarial actions or refusal to perform them
The Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Notaries", "Rules for performing notarial acts by notaries", approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated January 31, 2012 No. 31, serve as the regulatory framework for cases of these categories.
Chapter 38 of the Civil Procedure Code of the Republic of Kazakhstan regulates the issues and procedure for considering complaints about notarial acts or refusal to perform them (Articles 321- 323 of the Civil Procedure Code of the Republic of Kazakhstan) among the cases considered in special proceedings.
Thus, in accordance with Article 321 of the Civil Procedure Code of the Republic of Kazakhstan, an interested person who considers a notarial act performed or refusal to perform a notarial act to be incorrect has the right to file a complaint about this with the district court at the location of the notary or the body performing the notarial act.
The complaint is filed with the court within ten days, calculated from the day when the applicant became aware of the notarial act performed or the refusal to perform the notarial act. Regulatory rulings of the Supreme Court of the Republic of Kazakhstan "On judicial practice in cases of establishing facts of legal significance" No. 13 dated June 28, 2002, "On certain issues of the application of inheritance legislation by courts" No. 5 dated June 29, 2009 provide guidance on the application of legislation in this category of cases.
In the new CPC of the Republic of Kazakhstan, Chapter 45 regulates the issues of proceedings on complaints about notarial acts or refusal to perform them (Articles 364-367), also among the cases considered by the court in special proceedings (Article 302, paragraph 13).
Thus, Part 1 of Article 364 of the new CPC RK stipulates that an interested person who considers a notarial act performed or refusal to perform a notarial act to be incorrect has the right to file a complaint about this with the district court at the place of residence of the notary or an official authorized to perform notarial acts.
The innovations of the Code are as follows: the preparation of a case for trial is carried out within 10 working days from the date of acceptance of the application to the court.
The extension of this period is not allowed (art.365);
And also, if a legal dispute is established based on a notarial act performed, the court issues a ruling on leaving the application without consideration, in which it explains to the applicant and other interested persons their right to resolve the dispute in the order of claim proceedings (art.366).
Thus, the ruling of the appellate judicial board for civil and administrative cases of the Zhambyl Regional Court dated July 08, 2015 No. 2A-1233/15 overturned the decision of the Taraz City Court dated May 08, 2015 on the satisfaction of the complaint of K.O. Auganbayeva against the actions of a private notary Baylina T.Zh. and the application of K.O. Auganbayeva to invalidate the actions of a private notary in certifying her the application dated 11.01.2007 was returned, the notary's appeal was partially satisfied (Judge Urkimbaev M.B.). The decision of the court of appeal stated (Judge E.A. Iovov) that the applicant had missed the 10-day appeal period provided for in art.321 Part 4 of the CPC RK and the issue of restoring the missed period was not raised, therefore the court of first instance had no right to consider this complaint and was obliged to return it with all the attached documents. documents.
Also, by the ruling of the Appellate Judicial Board for Civil and Administrative Cases of the Astana City Court dated 10.03.2015 No. 2a948/2015, the ruling of the Almaty District Court of Astana dated 26.01.2015 on the refusal to accept the complaint of TSK-Trans Group LLP against the actions of private notary Zulyarova N.M. was canceled and sent for reconsideration to the same court. from the acceptance stage, and the private complaint was satisfied (judge Kabylbekov B.T.).
The ruling of the court of appeal states (Judge Kayyrbekov A.Z.) that since the applicant filed a complaint against notarial actions to inspect copies of contracts, in accordance with the provisions of Part 1 of Art.321 of the CPC RK, a person has the right to file a complaint about this with the district court at the notary's location, and the conclusions of the court of first instance that the data contracts are evidence in the case, and therefore they cannot be appealed or challenged, and are premature.
Judicial acts were reviewed on appeal based on private and appellate complaints from the applicants and other interested parties, but the judicial acts were not reviewed at the prosecutor's protest.
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