Article 10. Suspension of the notary's license of the Notary Law

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1. The suspension of a notary's license is carried out by a decision of the Ministry of Justice of the Republic of Kazakhstan on the basis of representations from territorial bodies of justice, notary chambers, and prosecutor's offices.

2. The notary's license is suspended for up to six months in the following cases::

1) initiation of legal proceedings to revoke the license for the right to engage in notarial activities;

2) drawing up an indictment by the prosecutor against a notary in a criminal case;

2-1) 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 the criminal case to court under the relevant article(s) of the criminal law, 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;

3) failure by the notary to provide information to the territorial body of justice within a month about his change of surname, first name, patronymic (if any);

4) violations by the notary of the territory of activity determined by him in accordance with this Law;

5) violations by a notary of the legislation of the Republic of Kazakhstan when performing notarial acts that resulted in violation of the rights and legitimate interests of the state, individuals and legal entities;

6) the actual absence of the notary's premises at the address indicated in the notary's notification of the commencement of notarial activity;

7) the notary's failure to comply with the requirements of paragraph 4 of Article 15 of this Law;

8) non-compliance with the restrictions provided for in Articles 19 and 46 of this Law;

9) if the notary has not started practicing notarial activity after three months from the date of notification of the commencement of notarial activity;

10) the notary's failure to comply with the requirements of subparagraph 11) of paragraph 1 of Article 18 of this Law.

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) engaging in entrepreneurial or other paid activities, with the exception of cases provided for by the laws of the Republic of Kazakhstan;

2) military service;

3) the notary's failure to perform his/her powers on the basis of his/her application, which specifies the period of suspension.

3. The decision on suspension of the notary's license must specify the reasons and the period of suspension of the license. If the circumstances that caused the suspension provided for in paragraph 2 of this article are eliminated, the licensor shall, within ten calendar days from the date of the notary's submission of information on the elimination of the circumstances that caused the suspension, make a decision on the renewal of the license.

3-1. The renewal of the license for the right to engage in notarial activity, suspended on the grounds provided for in paragraph 2-1 of this Article, is carried out at the request of the notary within ten calendar days based on the decision of the licensor.

4. The suspension of a notary's license entails a ban on performing notarial acts and the notary's delivery of a seal to the territorial judicial authority for the period of suspension.

5. The decision to suspend or renew the license for the right to engage in notarial activity is posted on the licensor's Internet resource. The notary and the notary Chamber are notified of the decision.

6. The decision to suspend or refuse to renew the license for the right to engage in notarial activity may be appealed in accordance with the procedure established by the laws of the Republic of Kazakhstan.

7. The territorial body of justice and the notary Chamber are obliged to take measures to transfer documents that are in the production of a notary whose license has been suspended to another notary in accordance with the procedure provided for by the Rules.

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

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Republic of Kazakhstan

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