On approval of the Rules for the Provision of the Public Service “Apostillation of Official Documents Issued by the Justice Authorities and Other Public Bodies as well as Notaries of the Republic of Kazakhstan”

On approval of the Rules for the Provision of the Public Service “Apostillation of Official Documents Issued by the Justice Authorities and Other Public Bodies as well as Notaries of the Republic of Kazakhstan”

Unofficial translation

Order No. 58 of the Acting Minister of Justice of the Republic of Kazakhstan dated May 27, 2020. Registered with the Ministry of Justice of the Republic of Kazakhstan on May 27, 2020 under No. 20740

      Unofficial translation

      In obedience to sub-paragraph 1) of Article 10 of Law No. 88-V of the Republic of Kazakhstan “On Public Services” dated April 15, 2013, I HEREBY ORDER:

  1. That the Rules for the Provision of the Public Service “Apostillation of Official Documents Issued by the Justice Authorities and Other Public Bodies as well as Notaries of the Republic of Kazakhstan” shall be approved pursuant to Annex 1 hereto;
  2. That certain orders of the Minister of Justice of the Republic of Kazakhstan shall be declared to be no longer in force in conformity with Annex 2 hereto.
  3. That, to the extent permitted by the applicable law of the Republic of Kazakhstan, the Department of Registration Service and Organization of Legal Services of the Ministry of Justice of the Republic of Kazakhstan shall:

      1) provide state registration hereof;

      2) place this order on the official internet resource of the Ministry of Justice of the Republic of Kazakhstan.

  1. That the supervising Vice-Minister of Justice of the Republic of Kazakhstan shall be in charge of the execution hereof.
  2. That this order shall come into force ten calendar days after the date of its first official publication.

      Acting
Minister of Justice
of the Republic of Kazakhstan 

N. Pan

      “AGREED BY”
Ministry of Digital Development,
Innovation and the Aerospace Industry
of the Republic of Kazakhstan
_________ “___” _________ 2020 

 

Annex 1
to order of the Minister of Justice
of the Republic of Kazakhstan
No. 58 dated May 27, 2020 

  Rules for the Provision of the Public Service “Apostillation of Official Documents Issued by the Justice Authorities and Other Public Bodies as well as Notaries of the Republic of Kazakhstan”

 Chapter 1. General provisions

  1. These Rules for the Provision of the Public Service “Apostillation of Official Documents Issued by the Justice Authorities and Other Public Bodies as well as Notaries of the Republic of Kazakhstan” (hereinafter – Rules) have been developed by the Ministry of Justice of the Republic of Kazakhstan pursuant to sub-paragraph 1) of article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 “On Public Services”, Decree of the Government of the Republic of Kazakhstan No. 545 dated April 24, 2001 “On the Measures on Implementation of Provisions of the Convention Cancelling the Requirement of Legalization of Foreign Official Documents, Made in the City of Hague on October 5, 1961” (hereinafter – the Convention) and the Unified Rules on the Procedure and Conditions for Affixing an Apostille to the Official Documents Issued by the Public Authorities, as well as from Notaries of the Republic of Kazakhstan, approved by order of the Minister of Justice of the Republic of Kazakhstan No. 64 dated June 4, 2001 (hereinafter – Unified Rules).
  2. The Rules determine the procedure and conditions for the provision of the public service “Apostillation of Official Documents Issued by the Justice Authorities and Other Public Bodies as well as Notaries of the Republic of Kazakhstan” (hereinafter – public service) and shall be applied by the Ministry of Justice, departments of justice of regions, Nur-Sultan, Almaty and Shymkent cities (hereinafter – service provider), empowered to affix apostille to official documents issued by justice authorities and other public bodies, as well as notaries of the Republic of Kazakhstan.
  3. The objective of the apostil affixing procedure shall be to provide a guarantee of authenticity and proper execution of apostilized documents, intended for action on the territory of countries-participants of the Hague Convention. 
  4. The Service Provider shall apostille official documents issued by justice and other public bodies, as well as notaries of the Republic of Kazakhstan pursuant to the principle of extraterritoriality.

      Departments of justice of regions, Nur-Sultan, Almaty and Shymkent cities shall send to the Ministry of Justice specimen signatures of officials entitled to sign documents (hereinafter – sample signature) and imprint of a seal of the issuing authority (hereinafter – imprint of a seal) in compliance with their territorial unit as the officials are appointed and the seal of the authority changes. 

      The Ministry of Justice shall collect up-to-date specimen signatures and seal imprints and shall send them to the Departments of Justice of regions, Nur-Sultan, Almaty and Shymkent cities for their use when providing the public service.

 Chapter 2. Procedure and conditions for the provision of a public service

  1. The list of basic requirements for the provision of a public service, including characteristics of the process, form, content and result of service provision, as well as other information factoring in the peculiarities of rendering a public service shall be provided in the standard of a public service “Apostillation of Official Documents Issued by the Justice Authorities and Other Public Bodies as well as Notaries of the Republic of Kazakhstan” (hereinafter – the public service standard) in pursuance of Annex 1 to these Rules.
  2. For receipt of a state service by individuals and legal entities (hereinafter – service recipients) upon their request, an application shall be filed to the State Corporation Government for Citizens Non-Commercial Joint-Stock Company (hereinafter – the State Corporation). on paper form or via the “e-government” web portal (hereinafter – the portal), electronically pursuant to Annex 2 to these Rules.
  3. The list of documents required for rendering of the public service when the service recipient or his/her/its representative by proxy applies to the State Corporation or via the portal shall be stipulated by paragraph 8 of the public service standard. 
  4. Information on the documents certifying the identity of the service recipient, a document confirming payment by the service recipient to the budget of the amount of duty (in case of payment through EGPG), as well as information on state registration of acts of civil status performed in the Republic of Kazakhstan shall be obtained by the service provider and an employee of the State Corporation from respective state information systems via the gateway of “e-government”.
  5. In the absence of relevant information in information systems, an employee of the State Corporation or service provider shall reproduce electronic/paper copies of documents and then return the originals to the service recipient, except for the documents subject to apostillation. 

      It shall be prohibited to request from the service recipients documents and information that can be obtained from information systems.

  1. In providing public services the service recipient shall consent to the use of information constituting a legally protected secret contained in information systems, unless otherwise provided for by the laws of the Republic of Kazakhstan.
  2. Service provider shall ensure entering of data on the stage of providing public services to the information system for monitoring of rendering public services.
  3. In case of failure of information system the service provider shall immediately notify the employee responsible for information and communication infrastructure. 

      In this case, the responsible employee for the information and communication infrastructure shall take measures to determine the cause of the failure of the information system and, within one (1) business day , draw up a protocol (act) on the technical problem and sign it by the service provider.

  1. The service recipient shall be able to receive the public service electronically via the portal upon condition that an electronic digital signature (hereinafter referred to as “EDS”) is available.

      Within 1 (one) business day from the receipt of the application, when the service recipient submits an application via the portal, the status of acceptance of request for public service shall be sent to “personal profile”. 

      In compliance with the labour legislation, when the service recipient applies after the end of the working hours, on weekends and public holidays the receipt of applications shall be carried out on the next business day.

      The service provider shall verify the specimen signature and seal imprint against the copy of the document to be apostilled attached to the application, as well as the compliance of the application and attached documents with the requirements of the Convention and the Unified Rules.

      If the signature and seal imprint do not comply with the scanned copy of the document to be apostilled, if the application and attached documents do not comply with the Convention and the Unified Rules, or if the fact of incompleteness of the attached documents is established, the service provider shall prepare and send to the service recipient the result of the public service in the form of a reasoned refusal to render the public service in the form of an electronic signed document within 1 (one) business day upon receipt of the application. 

      In case the application is filled out correctly and the attached documents comply with the requirements of the Convention and the Unified Rules, the service provider shall send a notification on the appointment date and time of documents apostillation to the service recipient’s “personal profile”. 

      The documents shall be apostilled on the next business day. 

      The apostille shall be affixed by the service provider irrespective of the issuing territory upon presentation of the document on the same day in paper form and payment of the state duty for affixing the apostille. 

      The service provider shall verify the submitted document, stamp “apostille” on the document and issue to the service recipient the result of rendering the public service in the form of a paper document signed by an authorized person of the provider according to the form, in compliance with Annex 3 to these Rules.

      In the event of failure to submit the document subject to apostillation in the established day, failure to comply with the requirements of the Convention and Unified Rules, or determination of the fact of incompleteness of the submitted documents the service provider shall prepare and send to the service recipient the result of rendering the public service in the form of a motivated refusal in rendering the public service, in the form of an electronic document signed by the EDS of the service provider’s authorized person on the same business day upon submission or failure to submit documents.

  1. In the case of provision of a public service via the State Corporation on paper, the day of receipt of applications and documents shall not be included in the term of provision of the public service. 

      When a service recipient applies after working hours, on weekends and public holidays in compliance with the labour legislation of the Republic of Kazakhstan, applications shall be accepted on the next business day.

      In case the service recipient fails to provide a complete set of documents pursuant to the list provided by paragraph 8 of the public service standard, and (or) documents with expired validity, an employee of the State Corporation shall refuse to accept the application and issue a receipt on refusal to accept documents in the form according to Annex 4 to these Rules. 

      When a service recipient submits a complete set of documents – an employee of the State Corporation shall verify the documents submitted by the service recipient, accept them and issue a receipt on acceptance of relevant documents. Accepted documents shall be sent to the service provider by courier service.

      On the day of receipt of the application, the service provider’s office shall accept and register them, and then hand them over to the employee responsible for apostillation.

      The service provider shall verify the signature and stamp specimen for their compliance with the document to be apostilled, as well as for compliance of the application and submitted documents with the requirements of the Convention and the Unified Rules.

      After verification of the application and submitted documents received via the State Corporation within 2 (two) working days, stamp “apostille” shall be affixed to the document and the result of the public service shall be forwarded in the form of a document in paper format, signed by an authorized person of the Service Provider in obedience to Annex 3 to these Rules or a motivated refusal on the grounds provided by paragraph 9 of the public service standard.

  1. Issuance of prepared documents in the State Corporation shall be carried out on the basis of a receipt on acceptance of relevant documents, upon presentation of an identity card (or its representative, acting under a document issued in compliance with civil legislation of the Republic of Kazakhstan, in which appropriate powers of the representative are indicated).

      The State Corporation shall ensure storage of the documents, within 1 (one) month, after which it shall transfer them to the servicer for further storage.

      When the service recipient applies after one (1) month, upon the request of the State Corporation, the Service Provider shall send the prepared documents to the State Corporation within one (1) business day for the issuance to the service recipient.

 Chapter 3. Procedure for appealing against decisions, actions (inaction) of the authorised body and (or) its officials concerning the provision of a public service

  1. A complaint against decisions, actions (inaction) of the authorised body and (or) its officials concerning the provision of a public service shall be sent to the head of the service provider.
  2. A complaint shall be accepted in writing by post via the e-government web-portal or by hand via the office of the service provider.
  3. The following shall be indicated in the complaint:

      1) surname, name and optionally patronymic name (if indicated in identity documents), postal address (for a natural person);

      2) name, postal address, outgoing number and date (for a legal entity). 

  1. The registration of the complaint (stamp, document reference number and date) with the service provider’s office with an indication of name and initials of the person who received the complaint, term and place of receipt of response to the submitted complaint shall be a confirmation of its acceptance by the head of the service provider. 

      When applying via the portal, information on how to appeal can be obtained by calling the single contact centre: 8-800-080-7777 or 1414. 20.

  1. The reasoned answer on the results of the complaint consideration shall be sent to the service recipient by post, via the e-government web portal or shall be given to the service provider’s office by hand.

      When the complaint is sent by the portal, the service recipient shall have access to information on the complaint from his/her “personal profile”, which shall be updated in the course of complaint processing by the authorized body (marks of delivery, registration, execution, answer on consideration or refusal to consider the complaint).

  1. In case of disagreement with the results of rendered public service, a service recipient may file a complaint to the authorized body on assessment and quality control of public services or to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.

 

Annex 1
to the Rules for the Provision
of the Public Service
“Apostillation of Official
Documents, Issued by
Justice Authorities and Other
Public Bodies, as well as
Notaries of the
Republic of Kazakhstan”

Public Service Standard
“Apostillation of Official Documents Issued by the Justice Authorities and Other Public Bodies as well as Notaries of the Republic of Kazakhstan”

1

Name of the service provider

Ministry of Justice, Departments of Justice of regions, Nur-Sultan, Almaty and Shymkent cities (hereinafter referred to as the service provider)

2

Ways of providing the public service

1) via a state corporation;

3

Term of providing a public service

In a public corporation – 2 working days. The day of admission shall not be included in the term of the public service.
At the portal – receipt of notification of appointment date, time for apostilization of documents – 1 (one) business day;
Issuance of the result of the public service in case of application via the portal – 1 (one) business day;
maximum permissible waiting time for delivery of the package of documents by the service recipient in the State Corporation – 15 (fifteen) minutes;
Maximum permissible service time of the service recipient in the State Corporation – 15 (fifteen) minutes.

4

Form of public service delivery

Electronic/on paper

5

The result of providing a public service

1) Document stamped with “apostille” on paper, in the form pursuant to Annex 3 to these Rules;
2) a letter of termination of the application in case the service recipient has submitted the application;
3) a substantiated refusal to render the public service.
The form of provision of the result of the public service shall be on paper/electronic form in case of submission of motivated response on refusal to render the public service via the portal.

6

Amount of payment charged from a service recipient when providing a public service and the manner in which it is charged in cases stipulated by the legislation of the Republic of Kazakhstan

For affixing an apostille to official documents executed in the Republic of Kazakhstan – 0.5 MCI per document pursuant to sub-paragraph 7) of Article 615 of the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget (Tax Code)” dated December 25, 2017.

7

Working hours

1) the service provider – from Monday to Friday inclusive, according to the established working hours from 9.00 am to 06.30 pm with lunch break from 01.00 pm to 02.30 pm, except weekends and public holidays.
2) State Corporation – from Monday to Saturday inclusively, according to established work schedule from 9-00 am to 08-00 pm without lunch break, except Sundays and holidays.
Acceptance shall be carried out pursuant to “electronic” queue, documents to be apostilled – in any branch of the State Corporation according to extraterritoriality principle (not depending on territory of document issue), with no expedited service, reservation of electronic queue shall be possible via portal;
3) of the portal – around the clock, except for technical breaks due to repair works (when the service recipient applies after working hours, on weekends and public holidays, acceptance of the application and issuance of the result of state service provision shall be carried out on the next working day).

8

List of documents required for the provision of the public service

State Corporation:
1) application for affixing an apostille in the form according to Annex 2 to the Rules;
2) an identity document (for identification);
3) document to be apostilled (documents shall be accepted for apostilling both in originals and notarized copies);
4) document confirming payment of the state duty to the budget;
5) a notarized power of attorney, if the representative of the service recipient (a natural person) applies;
a power of attorney issued on behalf of a legal person, signed by the head of the legal person or another person authorized by the constituent documents of the legal person and sealed with a seal of the legal person;
powers of attorney issued or witnessed by a competent institution of a foreign state or a specially authorized person within its competence and sealed with a stamp of a foreign state in due form shall be accepted only after undergoing a special certification procedure (legalization or apostille) (for identification with a copy);
6) specimen signatures and seal impressions of documents issued by other public authorities.
When applying via the portal:
1) an electronic application certified by the service recipient’s EDS or certified by a one-time password, in case the service recipient’s subscriber number provided by the mobile network operator is registered and connected to the portal account;
2) the document to be apostilled in the form of a scanned copy shall be attached to the electronic request.
If the service recipient’s personal data change, confirmation documents (issued or witnessed by a foreign competent authority or specially authorized person within its competence and sealed with a stamp of a foreign state, accepted only after undergoing a special certification (legalization or apostilization) procedure) shall be attached in addition.
When inheritors apply, supporting documents shall be submitted.

9

Grounds for refusal of a public service established by the legislation of the Republic of Kazakhstan

1) establishment of the fact of incompleteness of attached documents, unreliability of documents submitted by the service recipient in order to receive a public service and (or) data (information) contained therein;
2) absence of documents or failure to submit documents subject to apostillation;
3) non-compliance of the application and attached documents submitted for the provision of the public service with the requirements of the Convention or the Unified Rules;
4) non-compliance of signature specimen and seal samples with the document subject to apostillation.
Laws of the Republic of Kazakhstan may establish other grounds for refusal to render public services.

10

Other requirements with due regard for the specifics of the public service, including that provided electronically and via the State Corporation

The service recipient who has a health disorder, with an enduring disorder of body functions limiting his/her ability to live, in case of necessity, the receipt of documents to provide the public service shall be made by an employee of the State Corporation with departure to the place of residence by applying via the unified contact centre 1414, 8 800 080 7777.
The service recipient shall have an opportunity to receive the public service in electronic form via the portal upon condition of availability of the EDS.
The addresses of places where the public service is provided shall be posted on the Internet resources of the service provider and the State Corporation www.gov4c.kz.
The service recipient shall receive information on the procedure and status of provision of the public service in remote access mode via the Single Contact Center 1414, 8 800 080 7777.

 

Annex 2
to the Rules for the Provision
of the Public Service
“Apostillation of Official
Documents, Issued by
Justice Authorities and Other
Public Bodies, as well as
Notaries of the
Republic of Kazakhstan”

 

Document form

 

To the head of
____________________________
from _______________________
(full name of the service recipient)
residing at:
____________________________
(specify residential address)
Ph.:________________________
identity document
____________________________
(No. and document name, issue
date and issuing authority)
IIN/BIN __________________

Application letter for affixing an apostille

      I hereby ask you to affix an apostille to____________________________________________

      (name and content of the document) ____________________________________________,

                                                              (issue date and issuing authority)

      Issued by: ___________ _____________________________________________________

      (Surname, name and patronymic (if stated in identity documents) of the notary\ official who signed the document)

      An apostille to the document is required for presenting it to the authorities

      __________________________________________________________________________

      (the name of the country where the document is being sent)

      To verify amended personal details in the Republic of Kazakhstan or

      information proving the relationship (depending on the document to be apostilled)

      __________________________________________________________________________

      (indicate when the relevant entry has been registered, what details have been changed, the degree of kinship, the name of the registering authority and others)

      The following documents are enclosed: _________________________________________

      __________________________________________________________________________

       I hereby give consent to the use of legally protected information,

      contained in information systems

      __________ “__” ____ 20 __ 

      (signature) ________________________________________________________________

       Surname, name, patronymic (if stated in identity documents)of the official, who has stamped the apostille)

       No. pursuant to the journal_______________________

 

Annex 3
to the Rules for the Provision
of the Public Service
“Apostillation of Official
Documents, Issued by
Justice Authorities and Other
Public Bodies, as well as
Notaries of the
Republic of Kazakhstan”

 

Document form

      

 

 

Annex 4
to the Rules for the Provision
of the Public Service
“Apostillation of Official
Documents, Issued by
Justice Authorities and Other
Public Bodies, as well as
Notaries of the
Republic of Kazakhstan”

 

Document form

 

____________________________
(Surname, name, patronymic (if
stated in identity documents)
of the service recipient)
____________________________
(residential address)

Return receipt of refusal to accept documents

      Guided by paragraph 2 of Article 20 of the Law of the Republic of Kazakhstan of April 15, 2013 “On Public Services”, Department No. _____ of the branch of the State Corporation Government for Citizens Non-Commercial Joit-Stock Company (specify address) hereby refuses to accept documents for the provision of the public service “Apostillation of Official Documents Issued by the Justice Authorities and Other Public Bodies as well as Notaries of the Republic of Kazakhstan” due to your failure to submit a complete set of documents pursuant to the list provided for in the standard public service and (or) documents with expired validity, namely:

      Name of missing and/or expired documents:

      1) ________________________________________;

      2) ________________________________________;

      3) ________________________________________;

      This return receipt is drawn up in 2 copies, one for each party.

      ________________________________________________________________________

      (Surname, name, patronymic (if stated in identity documents)

      of the official of the State Corporation)

      Document originator: Surname, name, patronymic (if stated in identity documents)

      _____________ Phone: __________

      Received. by:

      Surname, name, patronymic (if stated in identity documents) of the service recipient)

      _________________

      “___” _________ 20__ 

 

Annex 2
to order of the Minister of Justice
of the Republic of Kazakhstan
No. 58 dated May 27, 2020 

List of certain repealed orders of the Minister of Justice of the Republic of Kazakhstan 

      1) Order No. 367 of the Minister of Justice of the Republic of Kazakhstan dated June 30, 2015 “On Approval of the Regulations of the Public Service “Apostillation of Official Documents Issued by Judicial Authorities and Other Public Bodies, as well as Notaries of the Republic of Kazakhstan” (registered with the Register of State Registration of Regulatory Legal Acts under No. 11685, published in Adilet Information and Legal System on August 13, 2015);

      2) Order No. 93 of the Minister of Justice of the Republic of Kazakhstan of February 23, 2016 “On Amendments to Order of the Minister of Justice of the Republic of Kazakhstan No. 367 of June 30, 2015 “On Approval of Regulations of the Public Service “Apostillation of Official Documents Issued by Judicial Authorities and Other Public Bodies, as well as Notaries of the Republic of Kazakhstan” (registered with the Register of State Registration of Regulatory Legal Acts under No. 13235, published in Adilet Information and Legal System on March 1, 2016);

      3) Order No. 1107 of the Minister of Justice of the Republic of Kazakhstan dated December 2, 2016 “On Amendments to Order No. 367 of the Minister of Justice of the Republic of Kazakhstan dated June 30, 2015 “On Approval of the Regulation of the Public Service “Apostillation of Official Documents Issued by Judicial Authorities and Other Public Bodies, as well as Notaries of the Republic of Kazakhstan” (registered with the Register of State Registration of Regulatory Legal Acts under No. 14485 and published in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan on December 14, 2016);

      4) Order No. 1001 of the Minister of Justice of the Republic of Kazakhstan dated August 7, 2017 “On Amendments to Order No. 367 of the Minister of Justice of the Republic of Kazakhstan dated June 30. 2015 “On Approval of the Regulation of the Public Service “Apostillation of Official Documents Issued by Judicial Authorities and Other Public Bodies, as well as Notaries of the Republic of Kazakhstan” (registered with the Register of State Registration of Regulatory Legal Acts under No. 15466 and published in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan on August 17, 2017);

      5) Order No. 1090 of the Acting Minister of Justice of the Republic of Kazakhstan of July 13, 2018 “On Amending Order No. 367 of the Minister of Justice of the Republic of Kazakhstan of June 30, 2015 “On Approval of the Regulation of the Public Service “Apostillation of Official Documents Issued by Judicial Authorities and Other Public Bodies, as well as Notaries of the Republic of Kazakhstan” (registered with the Register of State Registration of Regulatory Legal Acts under No. 17203, published in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan on July 23, 2018);

      6) Order No. 26 of the Minister of Justice of the Republic of Kazakhstan of January 17, 2019 “On Amending Order of the Minister of Justice of the Republic of Kazakhstan No. 367 of 30 June 2015 “On Approval of the Regulation of the Public Service “Apostillation of Official Documents Issued by Judicial Authorities and Other Public Bodies, as well as Notaries of the Republic of Kazakhstan” (registered with the Register of State Registration of Regulatory Legal Acts under No. 18207, published in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan on January 29, 2019);

      7) Order No. 472 of the Acting Minister of Justice of September 20, 2019 “On Amendments to Order No. 367 of the Minister of Justice of June 30, 2015 “On Approval of the Regulation of the Public Service “Apostillation of Official Documents Issued by Judicial Authorities and Other Public Bodies, as well as Notaries of the Republic of Kazakhstan” (registered with the Register of State Registration of Regulatory Legal Acts under No. 19403 and published in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan on September 24, 2019).




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