The Ministry of Justice of Kyrgyzstan submitted for public discussion amendments to the law regulating the activities of notaries, both private and government ones.
It is proposed to reform the institution of notaries and to improve their professional qualifications, status, and to spell out their rights, obligations and limitations.
The draft law states that a government notary, unlike a private one, has the right to:
- Impose a ban on the alienation of property;
- Lift the ban on alienation of property;
- Issue a certificate of right to inheritance;
- Take measures for the protection of inherited property;
- Certify the authenticity of a facsimile signature of a person with disability.
The authors of the amendments propose to equalize the rights of government and private notaries when performing notarial acts. This excludes the imposition and lifting of the ban on alienation of property, as it is a duplicating function. This is the responsibility of the Registration Service and the State Register. Exclusion of these notarial actions will reduce the burden on government notaries and save money.
«Unification of private notaries will allow to introduce a unified law enforcement practice and improve their qualifications, so this bill proposes to create a unified Notary Chamber with mandatory membership of private notaries in it,» the background statement says.
It is proposed to endow this organization with the following functions:
- Assistance in the development of private notary activities;
- Organizing an internship for the persons applying for a license for the right to engage in private notarial activities;
- Improving professional training of private notaries and reviewing complaints;
- Ethical conduct of a private notary.
It is specified that according to the register, there are about 350 private notaries in Kyrgyzstan and 90 government notaries.
