On amendments and additions to certain legislative acts of the Republic of Kazakhstan on issues of notarial activity and legal assistance
The Law of the Republic of Kazakhstan dated July 8, 2026 No. 343-VIII SAM
Article 1. To make amendments and additions to the following legislative acts of the Republic of Kazakhstan:
1. To the Business Code of the Republic of Kazakhstan dated October 29, 2015:
1) paragraph 16 of Article 129 should be supplemented with subparagraph 3) as follows:
"3) state control over notary activities.";
2) add subparagraph 121) to Article 138 as follows:
"121) for compliance with the legislation of the Republic of Kazakhstan on notaries.".
2. To the Civil Procedure Code of the Republic of Kazakhstan dated October 31, 2015:
1) add subparagraph 20-1) to Article 135 as follows:
""20-1) on the fulfillment of obligations on public procurement and procurement carried out in accordance with the Law of the Republic of Kazakhstan "On Procurement of certain entities of the quasi-public sector";";
2) in article 252:
Paragraphs two and three of part four should be worded as follows:
"The sanction is given by: the prosecutor – by affixing a stamp "I authorize" on the decision of the bailiff, certified by his signature; the court – by issuing a ruling. In case of refusal to authorize, the judge issues a ruling, and the prosecutor issues a resolution on refusal to authorize the execution of executive actions.
The approval of a bailiff's decision, submitted in the form of an electronic document, is carried out by the prosecutor by certifying it with an electronic digital signature, and by the court by issuing a ruling in electronic form. In case of refusal to grant a sanction, the judge issues a reasoned ruling on refusal to grant a sanction in electronic form, and the prosecutor issues a resolution in the form of an electronic document.";
In part five:
delete the first paragraph;
""In the second paragraph, the words "on refusal to authorize the resolution" should be replaced with the words "on the issue of authorizing the resolution."
3. To the Law of the Republic of Kazakhstan dated July 14, 1997 "On Notary":
1) throughout the text:
the words """"""""""""""""""""""""""""""""""""""",""authorized body", "authorized body", "authorized body", "authorized body", "authorized body", "authorized body", "authorized body", "authorized body", "authorized body", "authorized body", "authorized body", "authorized body", "authorized body", "authorized body", "authorized body", "authorized body", "authorized body", "authorized body", "authorized body";
The words """""""" and ""legislative acts" should be replaced, respectively, by the words "laws", "Laws", "laws";
2) add article 2-2 as follows:
"Article 2-2. Authorized state body in the field of notary
The authorized state body in the field of notarization (hereinafter referred to as the authorized body) is a state body that carries out state regulation, licensing and state control in the field of notarial activity, as well as other functions provided for by the legislation on notaries.";
3) in article 4:
in paragraph 3:
Add ""in paper form"" to the second part after the word "notaries";
add the following part of the third:
"Documents of notaries in electronic form are subject to mandatory formation in the notary digital archive in accordance with the Rules.";
Paragraph 4 should be worded as follows:
"4. The notarial digital archive is a component of the unified notarial digital system designed for the collection, acquisition, acquisition, ordering, storage, accounting and use of notarial documents in electronic form.";
4) in article 4-1:
"Paragraph 1" after the word "processing" should be supplemented with the word ", storage".;
add paragraph 1-1 as follows:
"1-1. The unified digital notary system distributes the application for the execution of the executive inscription on the basis of subparagraph 2) of paragraph 2 of Article 92-1 of this Law among notaries in the manner determined by the authorized body.";
""in paragraph 3, the words "for temporary storage in a notarial electronic repository and after the expiration of the prescribed period must be transferred to a notarial electronic archive" should be replaced by the words "in a notarial digital archive";
add paragraph 4-1 as follows:
"4-1. Access to the notarial digital archive in cases established by this Law is provided by the territorial body of justice and the notary chamber to another notary in the manner prescribed by the Rules.";
Delete paragraph 8;
"5)"in subparagraph 4) of the first part of paragraph 1 of Article 4-2, the words "electronic repository" should be replaced by the words "digital archive".;
6) in paragraph 1 of Article 6:
In part four, the word "Notary" should be replaced with the words "1-1. Notary public";
In part five:
The third paragraph:
Add ""for negative reasons" after the word "judges".;
add the words ", with the exception of the judge who terminated his powers on the basis of the decision of the Commission on the Quality of Justice at the Supreme Court of the Republic of Kazakhstan on the inconsistency of the judge in his position due to professional unfitness";
Add the words ", except for persons deprived of their license on the grounds provided for in subitems 2), 5) and 8) of Article 11 of this Law, who have the right to reapply for notarial activity after three years from the date of entry into force of the judicial act".;
""In the seventh paragraph, replace the words "register of the Chamber of Legal Advisers" with the words "register of members of the Chamber of Legal Advisers or whose membership in the bar Association has been terminated.";
7) in paragraph 4 of Article 7:
add """ to the second part after the word "internship" according to the place of his registration (residence).;
add the following part of the third:
"A person who meets the requirements set out in paragraph 1-1 of Article 6 of this Law and has expressed a desire to complete an internship shall apply to the territorial notary Chamber for admission to an internship with the attached documents, the list of which is established by the regulations on the procedure for internships for notary interns.";
8) in paragraph 5 of article 8:
""in the first paragraph, the words "the exercise of notarial activity" should be replaced by the words "the right to engage in notarial activity";
"subparagraph 1") after the word "patronymic", add the words "(if it is indicated in the identity document)".;
9) in article 10:
in paragraph 2:
Sub-paragraphs 1), 2) and 2-1) should be deleted;
Replace "11" of paragraph 1 in subparagraph 10) with the numbers "13)";
Add sub-paragraphs 11), 12) and 13) as follows:
"11) repeatedly (two or more times within twelve months) bringing a notary to disciplinary responsibility for violations of the legislation of the Republic of Kazakhstan when performing notarial actions.
A disciplinary offense shall not be recognized as having been committed repeatedly if the disciplinary penalty for the previously committed disciplinary offense has been lifted in accordance with the established procedure.;
12) violations by the notary of the legislation of the Republic of Kazakhstan on personal data and their protection;
13) repeated (two or more times within twelve months) violation by the notary of the deadlines for entering into the unified notarial digital system information on the commission of notarial acts provided for in Article 4-3 of this Law.";
Paragraph 2-1 should be worded as follows:
"2-1. In addition to the general grounds provided for by the laws of the Republic of Kazakhstan, the notary's license is suspended for a period of:
1) the notary's employment in the civil service;
2) election of a notary as a deputy of the Kurultai of the Republic of Kazakhstan or a deputy of the Maslikhat, carrying out his activities on a permanent or exempt basis, paid for from the state budget;
3) the notary's compulsory military service;
4) indicated in the notary's statement on the non-fulfillment of his/her powers.";
add paragraph 2-2 as follows:
"2-2. The validity of the notary's license is suspended for a specified period in the following cases:
1) initiation of proceedings on the deprivation of a license for the right to engage in notarial activity – before the entry into force of the judicial act;
2) drawing up an indictment by the prosecutor against a notary in a criminal case – before the verdict enters into legal force.;
3) approval by the prosecutor of the protocol of the charge, the protocol of the accelerated pre-trial investigation, the protocol on criminal misconduct and the decision to send a criminal case to court under the relevant article (articles) of the Criminal Code of the Republic of Kazakhstan, the completion of the pre–trial investigation by concluding a procedural agreement in accordance with the procedure provided for in part four of Article 617 of the Criminal Procedure Code of the Republic of Kazakhstan - before the entry into force of the the judicial act has entered into legal force.";
Paragraph 7 should be worded as follows:
"7. In case of suspension of the notary's license, the territorial judicial authority and the notary chamber are obliged to take measures to transfer the notary's documents in paper and electronic forms, including the notary's digital archive, to another notary in accordance with the procedure provided for by the Rules.";
10) in article 11:
"subparagraph 2") after the word "repeated", add the words "(two or more times)".;
subparagraph 3) should be worded as follows:
"3) repeated (two or more times) violations by the notary of the legislation of the Republic of Kazakhstan when performing notarial acts;";
Add sub-paragraphs 3-1), 5-2) and 9) as follows:
"3-1) violations by a notary of the legislation of the Republic of Kazakhstan, which caused damage to the interests of the state, individuals and legal entities;";
"5-2) establishing the fact of illegal transfer of the private key of an electronic digital signature by a notary to other persons;";
"9) repeated (two or more times) violations by a notary of the legislation of the Republic of Kazakhstan on personal data and their protection.";
11) paragraph 3 of Article 12 shall be worded as follows:
"3. In case of termination of the notary's license, the territorial judicial authority and the notary chamber are obliged to take measures to transfer the notary's documents in paper and electronic forms, including the digital notary archive, to another notary or to a private notary archive, as well as to withdraw the license for transfer to the licensor and destroy the notary's seal.";
12) the fourth part of paragraph 4 of Article 15 should be worded as follows:
"Before sending a notification to the territorial judicial authority on the termination of notarial activity, the notary is obliged to transfer all documents in paper and electronic forms, including the digital notarial archive, to another notary or to a private notarial archive, and to hand over the notary's seal to the territorial notarial chamber.";
13) in article 17:
subparagraph 8) should be supplemented with the words ", including mediation as a mediator, in accordance with the legislation of the Republic of Kazakhstan on mediation";
add subparagraph 11) as follows:
"11) receive income from shares (blocks of shares) in the authorized capital of commercial organizations transferred to the trust and owned by it and other property, the use of which entails income, with the exception of money legally owned by it, as well as property transferred to property lease.
The contract of trust management of property is subject to notarization.
The notary has the right not to transfer to the trust management the bonds belonging to him, shares of open and interval mutual investment funds.";
14) sub-items 7), 7-1), 8), 9), 10), 10) and 11) Articles 18 should be worded as follows:
"7) transfer documents in paper and electronic forms, including the notarial digital archive, to another notary in case of suspension of his license in accordance with the procedure provided for by the Rules.;
8) to deliver the seal to the territorial body of justice for the period of suspension of the license, in case of termination of the license – to the territorial notary chamber.;
9) transfer all stored documents in paper and electronic forms, including the notarial digital archive, to another notary in the event of termination of his license on the grounds provided for in paragraphs 1), 2), 4), 4-1) and 6) paragraph 1 of Article 12 of this Law;
10) submit, within a month, information on the change of his surname, first name, patronymic (if it is indicated in the identity document) and the location of his premises in the territorial body of justice;
11) notify the territorial body of justice and the notary chamber within five working days in case of failure to carry out notarial activities within one month.;
12) submit information on transactions and contracts of individuals to the state revenue authorities in the form, in the manner and within the time limits determined by the tax legislation of the Republic of Kazakhstan;
13) to improve professional qualifications.";
15) subitems 1) and 3) of paragraph 1 of Article 19 shall be worded as follows:
"1) engage in entrepreneurial activity, including participation in the management of a commercial organization, regardless of its organizational and legal form, or other paid activities, except for the cases provided for by this Law;";
"3) perform the duties of a notary in the event of his election as a deputy of the Kurultai of the Republic of Kazakhstan or a deputy of the Maslikhat, carrying out his activities on a permanent or exempt basis, paid for from the state budget;";
16) in article 21:
in paragraph 3, the words "by sub-paragraphs 1), 2), 3), 4), 5), 6), 7) and 8)" replace with the words "article 54 and sub-paragraphs 1), 2), 3), 4), 5) and 8)";
in paragraph 5:
add the words "within the limits of the relevant notary district" to the first part;
Delete "and "in the registry for registration of notarial acts" and "including" in part three.;
add the following part of the fourth:
""If a person applies for a notarial act through the "digital government" web portal, then the location of the notary's premises is considered to be the place of commission of this notarial act.";
17) in article 24-1:
the title should be worded as follows:
"Article 24-1. The Disciplinary Commission of the Notary Chamber";
in paragraph 1:
Add "who has not received a disciplinary penalty" to the third part.;
add parts four and five of the following content:
"The term of office of the chairman and members of the disciplinary commission of the Notary Chamber is four years.
The same person may not be the chairman of the disciplinary commission of the Notary Chamber more than once.";
Subparagraph 4) of paragraph 3 should be worded as follows:
"4) exclusion from the notary Chamber by filing a petition to the licensor and (or) to the Republican Notary Chamber on the preparation of a claim for revocation of the notary's license.";
add paragraph 6-1 as follows:
"6-1. Membership in the notary chamber of a person against whom a complaint is being considered may not be terminated until the end of an inspection or disciplinary proceedings if an inspection is being conducted or disciplinary proceedings are initiated against him, and in case of violations, until the end of the consideration by the disciplinary commission of the notary Chamber of the case of violation and the application of disciplinary action.";
18) in paragraph 1 of article 24-2:
Add the words "who has not received a disciplinary penalty" to the fourth part;
add parts five and six of the following content:
"The term of office of the chairman and members of the disciplinary commission of the Republican Notary Chamber is four years.
The same person may not be a member of the disciplinary commission of the Republican Notary Chamber more than once.";
19) the second part of paragraph 5 of Article 26 shall be worded as follows:
"The collection of entrance fees or other fees and payments by notary chambers is not allowed, except for membership fees stipulated by the charter of the notary Chamber.";
20) in paragraph 1 of article 26-2:
Add "and has not received a disciplinary penalty" to the first part.;
""" in part three, replace the words "two consecutive terms" with the words "once";
"21) in subitem 4) of paragraph 1 and subitem 7) of paragraph 1-1 of Article 27, the word "private" should be deleted;
22) in paragraph 4 of article 29:
add the words "and has not received a disciplinary penalty" to the first part;
""" in part three, replace the words "two consecutive terms" with the words "once";
23) the title of Chapter 5 and Article 31 should be worded as follows:
"Chapter 5. State control in the field of notary activity. The competence of the judicial authorities in the field of notary regulation
Article 31. State control in the field of notary activity
1. State control in the field of notarial activity is the activity of the territorial body of justice to verify the activities of subjects of state control for compliance with the requirements established by the legislation on notaries.
2. Subjects of state control in the field of notarial activity include notaries engaged in private practice and territorial notary chambers.
3. The object of state control in the field of notarial activity is the activity of the subject of state control.
4. The purpose of state control in the field of notarial activity is to ensure the legality and protection of the rights, freedoms and legitimate interests of individuals and legal entities when exercising their professional duties and powers by subjects of state control, including the creation of private notarial archives, the organization of their functions for the accumulation, storage and use of notarial documents in accordance with this Law..
5. The objectives of state control in the field of notarial activity are:
1) ensuring the observance of legality in the field of legal services to the population by subjects of state control;
2) taking measures to eliminate the identified violations;
3) prevention and prevention of violations of the requirements of the legislation on notaries.
6. The subject of state control in the field of notarial activity is the compliance of the activities of subjects of state control in the field of notarial activity with the requirements of the legislation on notaries.
7. State control in the field of notarial activity is carried out by officials of the territorial body of justice.
8. State control in the field of notarial activity is carried out in the form of inspections, which are carried out in the form of scheduled and unscheduled.
9. State control over the legality of notarial acts performed and compliance with the rules of record keeping by the state notary and officials of the offices of akims of cities of regional significance, towns, villages, rural districts is carried out by the territorial body of justice in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the field of public service.
10. State control over compliance with the tax legislation of the Republic of Kazakhstan, including the fulfillment of tax obligations and the submission of tax reports, by notaries and officials of the offices of akims of cities of regional significance, towns, villages, and rural districts is carried out by the state revenue authorities of the Republic of Kazakhstan.
11. Territorial judicial authorities, within their competence, analyze and monitor the activities of notaries who perform notarial acts with money and (or) other property in order to identify the risks of legalizing (laundering) proceeds from crime, financing terrorism and financing weapons of mass destruction.";
24) delete article 31-1;
25) add articles 31-2, 31-3 and 31-4 as follows:
"Article 31-2. Types of inspections for compliance with the requirements established by the legislation on notaries by subjects of state control in the field of notary activity
1. Scheduled inspections of subjects of state control are carried out by the territorial body of justice in accordance with the semi-annual plan for conducting scheduled inspections, formed in an automated mode and approved by the authorized body, no more than twice a year.
Inspections for compliance with the requirements established by the legislation on notaries by subjects of state control in the field of notarial activity are divided into the following types::
1) scheduled inspections conducted for compliance with the requirements established by the legislation on notaries by subjects of state control for the three years preceding the start of the inspection;
2) unscheduled inspections conducted for compliance with the requirements established by the legislation on notaries by subjects of state control on the issues that served as the basis for its conduct.
2. The grounds for including a notary engaged in private practice in the semi-annual scheduled inspections plan are:
1) results of previous inspections;
2) the results of the analysis of information provided by government agencies and organizations;
3) a private ruling and (or) a private court decision that has entered into legal force in relation to a subject of state control;
4) a judicial act that has entered into legal force declaring the transaction invalid, certified by a notary engaged in private practice, which indicates the fault of the notary engaged in private practice;
5) suspension of the license for the right to engage in notarial activity of a notary engaged in private practice;
6) bringing the subject of state control to administrative responsibility;
7) the existence of disciplinary action by a notary engaged in private practice.
Scheduled inspections of territorial notary chambers are carried out once every three years.
During the analysis, data in comparison with the same period of the previous year can be used to form semi-annual plans for routine inspections.
The judicial authorities analyze data on previous scheduled and unscheduled inspections, information provided by law enforcement agencies and courts, appeals from individuals and legal entities, information received from territorial notary chambers, as well as other documents and (or) information about the activities of the subject of state control.
3. A semi-annual plan for scheduled inspections is formed and approved by the authorized body no later than December 10 of the year preceding the year of inspection and by June 10 of the current calendar year on the basis of semi-annual plans for scheduled inspections of territorial justice bodies.
The semi-annual plan for scheduled inspections is posted on the authorized body's Internet resource no later than December 20 of the year preceding the year of inspection and June 20 of the current calendar year.
The semi-annual plan for routine inspections includes:
1) the number and date of the plan approval;
2) the name of the state body;
3) the name of the audited entity of state control, its location;
4) the subject of verification;
5) the timing of the audit;
6) the signature of the person authorized to sign the plan.
Amendments and additions to the semi-annual plan for scheduled inspections are carried out in cases of changes in the status of a subject of state control, as well as the occurrence of a natural and man-made emergency, the introduction of a state of emergency, the occurrence or threat of the spread of an epidemic, foci of quarantine facilities and especially dangerous harmful organisms, infectious, parasitic diseases, poisoning, radiation accidents, etc. related restrictions.
At the same time, the territorial bodies of justice, once every six months, no later than July 5 of the current calendar year and January 5 of the year following the reporting year, submit to the authorized body a report on scheduled inspections of notaries and territorial chambers of notaries, as well as a report on unscheduled inspections of notaries and territorial chambers of notaries in the forms approved by the authorized body.
4. Specialists, consultants, and experts from government agencies and other organizations may be involved in conducting inspections to clarify issues requiring special knowledge.
5. Scheduled inspections of notaries engaged in private practice are carried out to ensure compliance with the requirements established by the legislation on notaries, in terms of:
1) notary records management;
2) using the unified notarial digital system;
3) performing notarial acts;
4) compliance with the requirements of the legislation of the Republic of Kazakhstan on countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of weapons of mass destruction;
5) other requirements established by the legislation on notaries.
Scheduled inspections of territorial notary chambers are carried out to ensure that their activities comply with the requirements of the legislation on notaries in accordance with:
1) creation of private notarial archives, organization of their functions for accumulation, storage and use of notarial documents;
2) organization of insurance by private notaries of civil liability;
3) organization of internships for persons applying for the right to engage in notarial activities and compliance with their qualification requirements;
4) compliance with the conditions of membership and the procedure for admission to membership of the notary Chamber and withdrawal from membership of the notary Chamber;
5) providing and terminating access to the unified notarial digital system for notaries.
6. An unscheduled inspection is carried out on the initiative of the territorial judicial authorities based on specific facts and circumstances and if there is supporting evidence that served as the basis for the appointment of an unscheduled inspection.
Unscheduled checks are not carried out in case of anonymous requests.
7. The grounds for an unscheduled inspection of subjects of state control are:
1) appeals of individuals and legal entities to the actions (inaction) of subjects of state control;
2) the prosecutor's demands and representations on specific facts of harm or threat of harm to the rights and legitimate interests of individuals and legal entities, the state;
3) appeals of state bodies on specific facts of violations of the requirements of the legislation on notaries.
8. When conducting inspections, the territorial body of justice is guided by this Law and other normative legal acts, as well as international treaties ratified by the Republic of Kazakhstan regulating such activities.
Article 31-3. The procedure for conducting inspections for compliance with the requirements established by the legislation on notaries by subjects of state control in the field of notarial activity
1. The inspection is carried out on the basis of the inspection appointment act.
The act on the appointment of an inspection is drawn up in two copies and signed by the head of the territorial body of justice.
The act on the appointment of an inspection is registered with the territorial body of justice through electronic document management.
The second copy of the act on the appointment of a scheduled inspection is considered to have been duly delivered upon delivery to the subject of state control or by registered mail with notification or using other means of communication that ensure the recording of delivery.
The act on the appointment of the inspection shall specify:
1) date and number of the act;
2) the name of the territorial body of justice;
3) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) authorized to conduct the audit;
4) information about specialists, consultants and experts from government agencies and other organizations involved in the audit;
5) the name or surname, first name, patronymic (if it is indicated in the identity document) of the subject of state control, its location, identification number, list of objects of state control;
6) the type of assigned check;
7) the deadline for the audit;
8) the grounds for conducting an audit, including the regulatory legal acts of the Republic of Kazakhstan, the mandatory requirements of which are subject to verification;
9) the verification period;
10) the rights and obligations of the subject of state control in the field of notarial activity provided for in Article 31-4 of this Law;
11) the signature of the official authorized to sign the acts and the seal of the territorial body of justice;
12) the signature of the subject of state control on receipt or refusal to receive an act on the appointment of an inspection.
An official of the territorial body of justice, who has arrived to conduct an inspection, presents to the subject of state control an act on the appointment of an inspection, an identification card, which is a document confirming his state position.
The date of handing over to the subject of state control of the act on the appointment of the audit is considered to be the beginning of the audit.
The verification period must not exceed:
for scheduled inspections – twenty working days;
for unscheduled inspections – seven working days.
The extension of the inspection period is formalized by an act on the extension of the inspection. The act on the extension of the inspection shall specify the number and date of registration of the previous act on the appointment of the inspection and the reason for the extension.
2. The subject of state control is responsible for obstructing the inspection by an official (officials) in accordance with the laws of the Republic of Kazakhstan.
3. Based on the results of the audit, an official (officials) of the territorial body of justice draws up an act on the results of the audit.
4. The inspection results report states:
1) date, time and place of drawing up the act;
2) the name of the territorial body of justice;
3) the number and date of the act on the appointment of the inspection (additional act on the extension of the period, if any);
4) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) who conducted the inspection;
5) information about specialists, consultants and experts from government agencies and other organizations involved in the audit;
6) the name or surname, first name, patronymic (if it is indicated in the identity document) of the subject of state control, its location, identification number, if there is an authorized representative present during the inspection, his surname, first name, patronymic (if it is indicated in the identity document) and position, a list of objects of state control;
7) date, place and period of the inspection;
8) information on the presence or absence of violations of the legislation of the Republic of Kazakhstan, including their nature;
9) an order to eliminate violations with the establishment of the following deadlines:
For a scheduled inspection, fifteen working days are required, indicating that information on the elimination of violations is provided to the territorial justice authority within three working days after the deadline and a list of violations identified in accordance with the requirements of this Law.;
for an unscheduled inspection – seven working days with an indication to provide the territorial body of justice with information on the elimination of violations within three working days after the deadline and a list of identified violations in accordance with the requirements of this Law.
If it is impossible to eliminate the identified violations, the time limits for eliminating violations are not set, as indicated in the inspection results report.
At the same time, officials who conducted state control establish, within five working days, a reliable fact of elimination of violations specified in the instruction on elimination of violations, both through the unified notarial digital system and based on the materials of the notary case.;
10) information on familiarization or refusal to familiarize with the act on the results of the audit of the subject of state control, as well as persons who were present during the audit, their signatures or refusal to sign;
11) the signature of the official(s) who conducted the inspection.
If any, documents related to the results of the audit or copies thereof shall be attached to the inspection report.
5. The first copy of the act on the results of the audit in electronic form is sent to the state body carrying out activities in the field of state legal statistics and special accounting within its competence and its territorial bodies, the second copy on paper is signed or sent electronically to the subject of state control being checked for familiarization and taking measures to eliminate the identified violations and other actions, the third copy remains with the territorial body of justice.
If there are any comments and/or objections based on the results of the audit, the state control entity or its authorized representative shall submit the comments and/or objections in writing.
Comments and/or objections are attached to the inspection report, which is marked accordingly.
The territorial judicial authority must consider the comments and/or objections of the subject of state control on the results of the audit and provide a reasoned response within three working days.
In case of refusal to adopt an act on the results of the audit, an act is drawn up, which is signed by the official (officials) carrying out the audit and the subject of state control or his authorized representative.
6. The end of the inspection period is considered to be the day when the act on the results of the inspection is handed over to the subject of state control.
The inspection results report shall be delivered (sent) no later than three working days from the date of the end of the inspection period specified in the act on the appointment of the inspection or the act on the extension of the inspection period.
The inspection results report is considered to have been duly delivered upon delivery to the subject of state control or sent by registered mail with notification or using other means of communication that ensure the recording of delivery.
7. If violations by subjects of state control are not eliminated within the prescribed period, the territorial body of justice is obliged to apply to the court with a claim for compulsion to eliminate the identified violations of the legislation of the Republic of Kazakhstan.
8. Persons exercising state control are obliged to preserve the secrecy of notarial acts that have become known during the implementation of control measures. These persons are responsible for disclosure of secrets and damage caused to the notary in accordance with the laws of the Republic of Kazakhstan.
Article 31-4. The rights and obligations of subjects of state control in the field of notary activity
1. Subjects of state control have the right not to allow officials of the territorial body of justice who have arrived to conduct an inspection to be checked in the following cases::
1) exceeding or expiring the time limits specified in the act on the appointment of an inspection (additional act on the extension of the time limit, if any) that do not correspond to the time limits established by parts eight and nine of paragraph 1 of Article 31-3 of this Law.;
2) instructions for conducting an audit to officials who do not have the appropriate authority to do so;
3) the absence of grounds for conducting an audit;
4) absence or non-presentation of an act on the appointment of an inspection;
5) the absence of notification at the appointment of a scheduled inspection, as well as non-compliance with the deadlines for notification of the start of the inspection.
2. Subjects of state control are obliged to:
1) after receiving the act on the appointment of an inspection, ensure unhindered access of officials of the territorial body of justice to the premises and notarial documents, including to the unified notarial digital system;
2) to prevent making changes and additions to the documents being checked during the verification period, unless otherwise provided by this Law or other laws of the Republic of Kazakhstan;
3) provide officials of the territorial body of justice with documents (information) on paper and electronic media or copies thereof for attachment to the inspection results report, as well as access to digital systems in accordance with the objectives and subject of the inspection.;
4) appear at the invitation of officials of the territorial judicial authority to review the inspection report.
3. In case of violation by the territorial bodies of justice of the rights and legitimate interests of subjects of state control during the inspection, the subject of state control has the right to appeal decisions, actions (inaction) of the territorial body of justice and its officials to a higher state body in the pre-trial settlement of the dispute in accordance with the Administrative Procedural Code of the Republic of Kazakhstan. An appeal to the court can be filed after observing this procedure.
4. Scheduled or unscheduled inspections are considered invalid if they are conducted by a territorial body of justice in violation of the requirements for the organization and conduct of state control established by this chapter.
The recognition of a planned or unscheduled inspection as invalid is the basis for the cancellation by a higher state body or court of the act of this inspection, the order to eliminate the identified violations based on the results of the inspection.
Consideration by a higher state body of the application of the subject of state control on the cancellation of the act in connection with the invalidity of a planned or unscheduled inspection, cancellation of the order to eliminate the identified violations is carried out within ten working days from the date of filing the application.";
"26") subparagraph 10) of paragraph 2 of Article 33 after the words "notary's documents" should be supplemented with the words "in paper and electronic forms, including a notarial digital archive,";
27) in article 39, the words "approved by the Ministry of Justice of the Republic of Kazakhstan" should be deleted;
28) add article 39-1 as follows:
"Article 39-1. Methods of performing notarial actions
1. Notarial acts may be performed in the personal presence of the applicant or remotely via the "digital government" web portal, with the exception of the certification of wills and notarial acts specified in subparagraphs 10) and 11) of paragraph 1 of Article 34 of this Law.
2. Notarial actions that can be performed remotely through the "digital government" web portal are determined by the Rules of Notarial Actions performed by notaries.
Notarial actions are performed by establishing authentication, processed by a unified notarial digital system, using appropriate technical and organizational measures for processing personal data, as well as technical capabilities for proper data transfer to public registers and digital systems.
Biometric identification uses a reference database of biometric data in accordance with the rules for collecting, storing, modifying, using, destroying, blocking and providing biometric data to the reference database of biometric data, as well as the procedure for biometric identification approved by the authorized body in the field of digitalization.
These measures should be provided through a unified notarial digital system.";
29) add the words ", including in relation to legal entities in which close relatives of the notary are managers, founders and shareholders" to paragraph 1 of Article 46;
30) add paragraph 2-1 to article 54 as follows:
"2-1. The certificate of the agreement on the alienation and pledge of immovable property subject to registration is made at the location of this property.";
31) add the words "and a unified notarial digital system" to paragraph 2 of Article 60;
32) add article 72-1 to Chapter 9 as follows:
"Article 72-1. Issuance of a certificate certifying the powers of the executor of the will, the executor
If the testator has entrusted the execution of the will to a person specified by him in the will who is not an heir (executor of the will, executor), at the request of the executor of the will, the executor, in confirmation of his powers, the notary issues a certificate certifying the powers of the executor of the will, executor.
The certificate contains information about the executor of the will, the executor, the grounds for the emergence of his powers, as well as the scope of the powers granted to him.";
33) in article 92-1:
in paragraph 2:
subparagraph 2) should be supplemented with the words ", except for the contract on public procurement and procurement carried out in accordance with the Law of the Republic of Kazakhstan "On procurement of certain entities of the quasi-public sector";
add the following parts of the second and third sections:
"For making an executive inscription upon the request provided for in subparagraph 2) According to this paragraph, the recoverer must submit to the notary a written confession of the debtor's failure to fulfill the obligation.
A written confession may be expressed in one or more documents that must indicate that the debtor has a debt at the time of the execution of the inscription, its amount and the debtor's recognition of the amount to be recovered.";
34) in article 92-2:
Paragraph 1 should be supplemented with the second part as follows:
"In this case, the executive inscription under subparagraph 2) of paragraph 2 of Article 92-1 of this Law is made on the basis of an application from the recoverer (an individual) in writing or electronically certified by an electronic digital signature, in the case that the recoverer is a legal entity, in electronic form certified by an electronic digital signature.";
The first part of paragraph 3 should be worded as follows:
"3. Executive inscription based on sub-paragraphs 1), 2), 3), 4), 5) and 8) of paragraph 2 of Article 92-1 of this Law is performed at the place of registration of the debtor (individual or legal entity).";
35) in article 92-3:
subparagraph 3) should be worded as follows:
"3) the debtor's last name, first name, patronymic (if it is indicated in the identity document), his date of birth, place of registration, individual identification number or name, business identification number, place of registration and details of the legal entity;";
"""in subparagraph 6), the word "paid" should be replaced by the words "postage paid".;
add subparagraph 11) to read as follows:
"11) the debtor's right to appeal the notary's refusal to revoke the executive inscription in court.";
36) in article 92-6:
"""in paragraph 1, the words ""known place of residence (location) or registration" should be replaced by the words "place of registration".;
in the first part of paragraph 1-1:
"""in subparagraph 2), the words "to the last known place of residence" should be replaced by the words "to the place of his registration".;
subparagraph 3) should be worded as follows:
""3) through the use of other means of communication that ensure the recording of delivery, including notifications via the "digital government" web portal and (or) to a subscriber number in the form of a short text message.";
37) in article 92-8:
Paragraph 1 should be supplemented with the second part as follows:
"If the debtor's objection does not specify the reasons for disagreement with the claim filed by the recoverer or it is filed in violation of the deadline, the notary refuses to cancel the executive inscription.";
add ""and (or) transferred to the bailiff for compulsory execution" to the third part of paragraph 2 after the words "not canceled".
4. To the Law of the Republic of Kazakhstan dated May 19, 2015 "On Minimum Social Standards and their Guarantees":
in article 37:
Replace "interests" in subparagraph 3) of paragraph 2 with "legitimate interests".;
Paragraph 5 should be worded as follows:
"5. The minimum social standard "Protection and representation by lawyers and legal advisers of the legitimate interests of individuals" contains norms that establish the procedure for representation by lawyers and legal advisers of the legitimate interests of citizens of the Republic of Kazakhstan in constitutional proceedings; protection and representation of the legitimate interests of individuals in courts, criminal prosecution authorities, other state bodies and non-governmental organizations in cases of provided for by the laws of the Republic of Kazakhstan.".
5. "To the Law of the Republic of Kazakhstan dated July 5, 2018 "On Advocacy and Qualified Legal Assistance":
1) in article 15:
Add subparagraph 3-1) to the first part as follows::
"3-1) representation of the rights and legitimate interests of citizens of the Republic of Kazakhstan in constitutional proceedings;";
""" In Part two, replace the word "interests" with the words "legitimate interests".;
2) in article 26:
add paragraph 3-1 as follows:
""3-1. Citizens of the Republic of Kazakhstan specified in paragraph 3 of this Article are provided with qualified legal assistance by a lawyer or legal consultant guaranteed by the state, upon whose appeals constitutional proceedings have been initiated in accordance with the procedure established by the Constitutional Law of the Republic of Kazakhstan "On the Constitutional Court of the Republic of Kazakhstan".";
Replace "and "3" with ", 3 and 3-1" in paragraph 4.;
3) subparagraph 1) of paragraph 3 of Article 33 shall be worded as follows:
"1) to represent the rights and legitimate interests of citizens of the Republic of Kazakhstan in constitutional proceedings; to protect and represent the rights and legitimate interests of persons who have applied for legal assistance in all courts, state, other bodies and organizations whose competence includes the resolution of relevant issues;";
4) paragraph 1 of Article 45 should be supplemented with subparagraph 2-1) as follows::
"2-1) participate in constitutional proceedings as representatives of citizens of the Republic of Kazakhstan, on whose appeals constitutional proceedings have been initiated;";
5) paragraph 3 of Article 76 should be supplemented with subparagraph 9-1) as follows:
"9-1) represent the rights and legitimate interests of citizens of the Republic of Kazakhstan, on whose appeals constitutional proceedings have been initiated;".
Article 2.
1. This Law shall enter into force sixty calendar days after the date of its first official publication, with the exception of paragraphs three and four of subparagraph 4) and paragraphs two and three of subparagraph 34) of paragraph 3 of Article 1, which shall enter into force on January 1, 2027.
2. Establish that:
1) the requirements of paragraphs four, five, six, seven and eight of subparagraph 17) of paragraph 3 of Article 1 of this Law apply to the chairmen and members of the disciplinary commission of the notary Chamber who previously held these positions, as well as those elected before the enactment of this Law;
2) the requirements of subparagraph 18) of paragraph 3 of Article 1 of this Law apply to the chairmen and members of the disciplinary commission of the Republican Notary Chamber who previously held these positions, as well as those elected before the enactment of this Law.;
3) the requirements of subparagraph 20) of paragraph 3 of Article 1 of this Law apply to the chairmen of notary chambers who previously held these positions, as well as those elected before the enactment of this Law.;
4) the requirements of subparagraph 22) of paragraph 3 of Article 1 of this Law apply to the chairmen of the Republican Notary Chamber who previously held the specified position, as well as those elected before the enactment of this Law.
President
Republic of Kazakhstan
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