Getting of license on dealing with notarial activity is also carried out in 3 stages: probation period, attestation and getting of a license.
- To pass the probation for dealing with notarial activity.
For probation period for dealing with notarial activity it’s necessary to make an agreement on probation with the territorial body of justice or territorial notary chamber. Notary where you will pass the probation is approved by the decision of the with a notary chamber.
The purpose of the probation is acquisition by the probationer of professional knowledge and practical skills on conduction of notarial acts and organization of the notary work. Program of probation at the notary assumes knowledge of theoretical and practical skills. The program duration is at least one year.
Probation is carried out by the Single program of professional training of probationers. After completion of probation period the notary where you passed the probation makes a conclusion reflecting the execution of program of professional training by probationer. Conclusion is approved within 10 working days by notary chamber. In case of incomplete passing by the probationer of professional training program he is given additional time.
Probation of the notary is realized for a fee. According to the Rules of payment for probation by notary probationers the amount of payment doesn’t exceed 10 MCI per month.
Persons who have work experience in state notary except those who were dismissed by negative reasons are exempted from probation period.
After passing probation period it’s necessary to pass attestation on the right to deal with notarial activity. Special commissions are organized in territorial bodies of justice. The commission should consist of seven members - two notaries, including the chairman of the notarial chamber, two representatives of judicial authorities, a legal scholar and two maslikhat deputies.
According to the Rules of passing an attestation by persons pretending on dealing with advocacy, for passing attestation you need to provide following documents to the territorial body of justice:
- application on passing the attestation;
- copy of identity card of RK citizen;
- conclusion on probation;
- copy of diploma on higher legal education (notarized copy- in case of non-provision of the original for checking);
- medical references from psychiatric and substance abuse clinics;
- reference on criminal record;
If the documents are provided in incomplete or incorrect form, you will be notified about it within 5 working days. If the admission to attestation was denied, in accordance with the Law "On Notaries" you will be notified about it no later than 15 working days since the day of application submission. You may appeal the refusal in court. You will be notified about the admission to attestation in written form within 10 working days, the notice will indicate the place, time and format of the procedure.
Attestation consists of two stages- passing of computer test on the Republic of Kazakhstan legislation knowledge and checking of applicant’s knowledge on examination cards. Attestation can be passed as in Kazakh language so in Russian one.
According to the article 7-2 of the Law "On Notaries" while attestation it’s prohibited to use special or other literature, communication tools, and other records.
Not later than the next day, after attestation, the Commission makes reasonable decision on approval or denial of attestation. The Commission's decision can be disputed to the court. In case of attestation refusal repeated application may be submitted no earlier than in 3 months.
Decision of the Commission on attestation is valid within 3 years since the arbitration.
Decision of the Commission on attestation is valid within 3 years since the arbitration.
According to the Law "On Notaries" persons who passed qualification exams in Qualification college of the Republic of Kazakhstan justice or Qualification Commission under Superior Judicial Council, judges and persons who have been working regularly except those who were dismissed from their position for defaming misdeeds and irregularities while performance of their duties, and also state notaries are entitled to receive a license to conduct notarial activities without notarial attestation.
While getting of license one should note that according to the article 21 of the Law the territory of private notary activity within the notarial district is determined by the territorial body of justice together with notarial chamber and you are not entitled to place the premise outside the particular territory