Obtainment of a license to perform notary activities is also carried out in 3 stages: internship, certification and obtainment of a license itself.
Undergo an internship to perform notary activities.
To undergo an internship for the right to perform notary activities, it is necessary to conclude an internship agreement with the Notary Chamber.
The purpose of the internship is acquisition of professional knowledge and practical skills by a trainee in performing notary actions and organizing the work of a public notary. The internship program for a public notary implies the possession of both theoretical and practical skills. The program duration is at least one year.
The internship is carried out based on the Unified Program for professional training of interns. Upon completion of an internship, a public notary draws up a statement describing an intern progress in execution of the training program. The statement is approved within 10 working days by the Notary Chamber. If an intern does not fully master the training program, he/she is given additional time.
The internship of public notaries is provided on a paid basis. According to the Rules of payment for internship by public notary interns, the amount of payment does not exceed 10 MCI monthly.
Persons who have the experience of working as a public notary, with the exception of those dismissed from their post for negative reasons, do not undergo an internship.
Undergo certification to obtain a license to perform notary activities.
Upon an internship completion, it is necessary to undergo certification for the right to perform notary activities. For this purpose, special commissions are established in the justice local bodies.
Pursuant to the Rules for the public service delivery in the field of notary activities (approved by the order of the Acting Minister of Justice of the Republic of Kazakhstan as of May 28, 2020 No. 62) in order to undergo certification, it is necessary to submit documents via e-Gov Portal at the place of residence specified in Clause 8 of the Standard of public service called "Certification of persons applying for the right to perform notary activities" (hereinafter: Standard) in the form of an electronic document signed with a digital signature (hereinafter: EDS):
- an application;
- datasheet for certification for the right to perform notary activities;
- an electronic copy of a document confirming the work experience in the legal profession for at least two years in accordance with Article 35 of the Labor Code of the Republic of Kazakhstan;
In case of improper registration or submission of an incomplete package of documents, an application as well as documents thereto is returned by the justice local authorities of the regions, cities of republican significance and the capital to an applicant without consideration no later than five working days from the date of receipt with a written notification on the reason for the return.
Admission to certification is refused if an applicant does not meet the requirements established by the Law "On Notaries". In case of refusal of admission to certification, the justice local bodies of regions, cities of republican significance and the capital send an applicant a substantiated decision no later than fifteen working days from the date of receipt of an application. Refusal of admission to certification may be appealed in accordance with the procedure established by the laws of the Republic of Kazakhstan.
An applicant admitted to certification is notified by the justice local bodies on the certification venue, date, time, and procedure by sending an SMS notification to a mobile phone or a personal account of e-Gov Portal no later than 10 (ten) calendar days prior to certification.
The certification consists of two stages:
- a computer test verifying the knowledge of the legislation of the Republic of Kazakhstan;
- an oral task using examination papers.
An applicant has the right to take the test in Kazakh or Russian.
Pursuant to the Article 7-2 of the Law "On Notaries", it is not allowed to use reference, special and other literature, means of communication, as well as any records during certification.
The decision of the commission on an applicant being attested or not attested is made on the day of certification.
The Commission's decision can be appealed in court.
The decision is valid within 3 years from the moment it was made.
Pursuant to the Law "On Notaries", persons who have passed qualification examinations in the Qualification Board of Justice of the Republic of Kazakhstan or in the Qualification Commission under the Supreme Judicial Council of the Republic of Kazakhstan, permanent judges and persons who have worked as permanent judges, with the exception of judges dismissed from the post of judge for defamatory offences and violation of legitimacy when exercising authorities, and also individuals, who have an employment record as public notaries have the right to obtain a license to carry out notary activities without undergoing certification.
When obtaining a license, it should be taken into account that according to Article 21 of the Law "On Notaries", the territory of activity of a private notary within a notary district is determined by the justice local body along with the notary chamber and it is not allowed to place premises outside a certain territory.