Article 7-2. The procedure and conditions for attestation of the Law on Notaries
1. The procedure and conditions for testing persons who have completed an internship and are applying for the right to engage in notarial activities are determined by the rules approved by the Ministry of Justice of the Republic of Kazakhstan.
2. After completing an internship, a person applying for the right to engage in notarial activity shall send an application at the place of residence to the relevant attestation commission of justice for the right to engage in notarial activity for admission to attestation through the territorial judicial authorities of regions, cities of republican significance and the capital, accompanied by documents provided for by the legislation of the Republic of Kazakhstan.
3. In case of improper registration or submission of an incomplete package of documents, the application, together with the documents submitted by it, is returned by the territorial judicial authorities of the regions, cities of republican significance and the capital to the applicant without consideration no later than five working days from the date of its receipt with a written notification of the reason for the return.
4. Admission to certification is refused if the applicant does not meet the requirements established by this Law.
In case of refusal of admission to certification, the territorial judicial authorities of the regions, cities of republican significance and the capital send the applicant a reasoned decision no later than fifteen working days from the date of receipt of the application.
Refusal of admission to certification may be appealed in accordance with the procedure established by the laws of the Republic of Kazakhstan.
5. The applicant admitted to the attestation shall be notified in writing by the territorial judicial authorities of the regions, cities of republican significance and the capital of the place, date, time, and procedure for attestation no later than ten calendar days prior to its holding.
6. Attestation is carried out by the attestation Commission of justice for the right to engage in notarial activity as necessary, but at least once a quarter.
7. The certification consists of two stages:
1) passing a computer test on knowledge of the legislation of the Republic of Kazakhstan;
2) performing an oral assignment on exam papers.
8. The applicant has the right to take the test in Kazakh or Russian at his choice.
Testing is carried out using computer technology.
9. Based on the results of the attestation, the attestation Commission of justice for the right to engage in notarial activity makes a reasoned decision on attestation or non-attestation no later than the next day after the attestation.
The commission's decision on attestation is valid for three years from the date of its issuance.
The decision of the Attestation Commission of Justice may be appealed in accordance with the procedure established by the laws of the Republic of Kazakhstan.
10. When passing the certification, the applicant is not allowed to use reference, special and other literature, means of communication, as well as any records.
In case of violation of these requirements, the applicant is suspended from attestation by the attestation Commission of justice for the right to engage in notarial activity.
An applicant who has been suspended from attestation has the right to re-submit an application for admission to attestation in accordance with the procedure provided for by this Law after three months from the date of the decision of the attestation commission of justice for the right to engage in notarial activity.
11. An applicant who has failed to attend the attestation for a valid reason shall be summoned to the next meeting of the attestation Commission of Justice for the right to engage in notarial activity in accordance with the procedure provided for in paragraph 5 of this Article.
In case of repeated failure of the applicant, his application remains without consideration and is returned together with the documents submitted by him.
The Law of the Republic of Kazakhstan dated July 14, 1997 No. 155-I.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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