On the procedure of consular legalization Printable version
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Legalization of documents is the establishment and certification of the authenticity of the official's signature and seal on documents with the purpose of using them in another state.
Documents are legalized:
1) on the territory of the RK - by the Consular Service Department of the Ministry of Foreign Affairs of the RK (hereinafter - the Consular Service Department);
2) outside the RK - foreign institutions of the RK (hereinafter - foreign institutions).
Document legalization functions:
1) in the Department of Consular Services, the authorized officers of the diplomatic service (hereinafter referred to as "the authorized officer") shall be assigned to them;
2) in foreign institutions - consular officials (hereinafter - consul).
A consular fee is charged for the legalization of documents in accordance with Article 627 of the Code of the RK dated 25 December 2017 "On Taxes and Other Obligatory Payments to the Budget (the Tax Code)" (hereinafter - the Tax Code), except as provided by Article 628 of the Tax Code.
International treaties ratified by the RK take precedence over its laws. The procedure and conditions of international treaties to which the RK is a party shall be determined by the legislation of the RK .
Procedure for legalization of documents
In order to legalize documents, an individual or legal entity (hereinafter referred to as the applicant) submits an application to the Consular Service Department or a foreign institution in any form with the following documents attached:
for an individual:
- a copy of identity document (original for reconciliation);
- a document subject to legalization;
- an original document confirming the payment of the consular fee;
for a legal entity:
- a copy of identity document of the authorized person (original for reconciliation);
- a document subject to legalization;
- an original document confirming the payment of the consular fee.
- copies of constituent documents (original for reconciliation);
- a copy of the document confirming the authority (original for reconciliation).
Originals of documents are accepted for legalization, as well as their notarized copies.
Documents issued by foreign organizations and institutions must be translated and notarized into the state or Russian language.
Documents certified by notaries of the RK and intended for actions outside the RK shall comply with the requirements set forth in Chapter 10 of the Rules for Notarial Records Management approved by Order of the Minister of Justice of the RK dated January 31, 2012 No. 32 (registered in the Register of State Registration of Regulatory Legal Acts No. 7445).
Legalization of documents is carried out within 3 working days from the moment of application submission, and in case of necessity of additional study or check, the term can be extended not more than for 30 calendar days.
The Consular Service Department carries out legalization:
- documents coming from organizations and institutions of the RK , notaries and persons authorized to perform actions on certification of documents intended for presentation outside the RK ;
- documents coming from foreign organizations and institutions, if they are preliminarily legalized in the diplomatic mission or consular office of the foreign state of origin of the documents accredited in the RK ;
- documents coming from foreign organizations and institutions, if they are preliminarily legalized in a diplomatic mission or consular office of a foreign state accredited in the RK , carrying out a simultaneous representation of the foreign state of origin of documents in the RK .
The Consular Service Department uses the available samples of signatures and seals to legalize documents:
- officials of state bodies of the RK, notaries and persons authorized to perform actions on certification of documents;
- officials authorized to legalize documents in foreign diplomatic missions and consular offices accredited in the RK.
In case of absence of corresponding signatures and seals the Department of Consular Service sends a request to the authorized body.
The authorized officer, having made sure that the document submitted for legalization complies with the Rules, shall legalize the document by affixing the legalization inscription of the Consular Service Department on the document itself in accordance with the form.
The consul accepts for legalization the documents coming from:
- authorities of the state of residence, if they are preliminarily legalized in accordance with the legislation of the state of residence;
- foreign organizations and institutions, if they are preliminarily legalized in a diplomatic mission or consular post of a foreign state accredited in the state of residence;
- organizations and institutions of the RK and intended for presentation outside the RK .
The consul will use the available samples of signatures and seals to legalize documents:
- officials of the authorities of the state of residence, authorized to legalize the documents coming from organizations and institutions of the state of residence;
- officials authorized for legalization in diplomatic missions and consular offices of foreign states accredited in the state of residence.
In case of absence of the corresponding samples of signatures and seals, the foreign office sends the request to the authorized body.
Upon receipt from individuals, organizations and institutions for legalization of documents drawn up on the territory of the RK, but not legalized in the Department of Consular Service, the consul sends such documents to the Department of Consular Service to determine the authenticity of signatures and seals on these documents. Upon receipt of a positive answer, the Consul shall legalize such documents in the manner prescribed by the Rules.
In cases when in the order of request of documents from the RK the consul received documents drawn up in the Republic of Kazakhstan, but not legalized in the Department of Consular Service, and if the legislation of the state of stay requires legalization of such documents, the consul will legalize them.
The Consul, having made sure that the document submitted for legalization complies with the Rules, shall legalize the document by placing the legalization inscription on the document in the form itself.
If the applicant submits an incomplete package of documents according to the list provided for by this clause of the Rules, and (or) documents that have expired, the authorized employee or consul refuses to accept the application and issues a receipt for refusal to accept documents.
The legalization inscription is made on the document itself, and in cases where there is no place on the document - on a separate sheet, attached to it, with the seal and the signature of the person who legalized the document.
It is allowed to make a legalization inscription with a mastic stamp.