Parliamentarians propose strengthening the liability of notaries, introducing mandatory SMS notification for debtors, and limiting the practice of issuing writs of execution outside the debtor's region of residence.

The Majilis, at a plenary session, approved in the first reading the draft law "On introducing amendments and additions to certain legislative acts of the Republic of Kazakhstan on notarial activities."

According to the conclusion of the Committee on Legislation and Judicial and Legal Reform, the draft law was developed by a group of deputies of the Parliament of the Republic of Kazakhstan in order to improve notarial legislation, enhance the effectiveness of state control in this area, and strengthen mechanisms for protecting citizens' rights when notarial acts are performed. The document is aimed at ensuring the legality of notarial activities, developing digital services, and increasing the transparency of the institution of the writ of execution.

During the plenary session, the draft law was presented by Majilis deputy Nurlan Baitilesov. According to him, the proposed amendments provide for changes and additions to the Entrepreneurial Code of the Republic of Kazakhstan, the Civil Procedure Code, and the Law "On Notariat." The main directions of the document are strengthening guarantees for the protection of citizens' rights when receiving notarial services, increasing the effectiveness of the institution of the writ of execution, improving state control, and further digitalization of notarial activities.

The draft law proposes to define the procedure for state control over compliance with legislation in the field of notarial activities directly within the Law "On Notariat."

– The current model does not fully take into account the public-law nature of the notariat and limits the ability of justice authorities to respond promptly to violations. As a result, the effectiveness of control is reduced and prompt response to citizens' appeals is hindered. To solve this problem, it is proposed to establish the procedure for state control directly within the framework of the Law "On Notariat," – the deputy reported.

Further development of the digitalization of notarial services is also envisaged.

– Today, online certification of powers of attorney and consents not related to the disposal of property is already being carried out, as well as advisory services. Within the framework of a pilot project, over 800,000 online services were provided to citizens. This demonstrates the high demand for digital services and a significant reduction in the time and financial costs of citizens. In this regard, the draft law proposes to legislatively establish mechanisms for remote performance of notarial acts through the "e-government" portal and the Unified Notarial Information System, – Nurlan Baitilesov emphasized.

In addition, the document provides for the improvement of the institution of the writ of execution. In particular, it is proposed to preserve the principle of territoriality when issuing a writ of execution and to establish a rule according to which such actions will be carried out exclusively at the debtor's place of registration. As noted during the session, this measure is aimed at eliminating the practice of certain microfinance organizations turning to any notaries, regardless of the debtor's place of residence, which previously raised questions regarding the uniformity of law enforcement practice.

A separate provision provides for the introduction of a mechanism for automatically blocking a writ of execution if it does not correspond to the debtor's region of residence. The draft law also proposes to strengthen the procedure for notifying citizens about the issuance of a writ of execution. It is envisaged to mandatorily send a copy of the writ of execution to the debtor through the "e-government" portal and via SMS notifications, with confirmation of delivery. According to the developers, the proposed measures will increase the level of public awareness and ensure the timely realization of the right to protect one's interests.

Furthermore, the draft law contains amendments aimed at improving the procedure for appealing a writ of execution. It is proposed to establish that a notary is not entitled to cancel a writ of execution if enforcement proceedings have already been initiated or if an objection has been filed in violation of the established deadline. As noted, this rule will eliminate legal conflicts and ensure uniformity of law enforcement practice.

Strengthening the liability of notaries for violations of notarial legislation and requirements for the protection of personal data is also envisaged. In particular, it is proposed to expand the grounds for suspending a notary's license and for revoking it. The draft law additionally provides for measures to prevent conflicts of interest and affiliation of notaries with private bailiffs, microfinance organizations, and other interested parties. Specifically, a ban is introduced on performing notarial acts in the presence of close kinship or other dependence.

At the same time, it is proposed to exclude from the competence of notaries the issuance of writs of execution under contracts in the state and quasi-state sectors. Consideration of such disputes is planned to be transferred to judicial authorities to ensure a comprehensive and full examination of the circumstances of the case.

During the discussion, Deputy Dmitry Koloda noted that the draft law contains three main blocks of amendments aimed at improving state control in the sphere of notarial activities, strengthening the liability of notaries, and developing the institution of the writ of execution. According to him, the need to update the legislation is due to the expansion of digital services, the growth in the number of online services, and the increase in the number of citizens' appeals regarding writs of execution.

As reported at the session, the proposed amendments provide for additional mechanisms to protect the rights of citizens when collecting debts, improve debtor notification procedures, increase the level of information security, and eliminate certain legal conflicts arising in notarial practice. In addition, the document is aimed at the further development of the digitalization of notarial activities and improving the quality of services provided.

By Linara SAKTAGANOVA
Astana

Zanmedia.kz