Given the particular importance of notaries' work in the execution of transactions and contracts, we present to our readers a new column, "No Right to Error," with the assistance of Oleg Polumordvinov, Chairman of the Republican Notarial Chamber.

Phone fraud has long ceased to be limited to attempts to steal money from bank accounts. Today, criminals are increasingly persuading citizens to sell real estate on their own, execute powers of attorney, or enter into other transactions, convincing them that this is how they will "save their property" or assist law enforcement authorities.

Unfortunately, many still believe that a notary's main task is to check documents and authenticate contracts. In practice, this is only one part of notarial activity.

The law imposes on notaries the obligation not only to establish the identity of the parties to a transaction and verify their documents, but also to ensure that the person is acting voluntarily, understands the legal consequences of their actions, and is not under the influence of deception, threats, or delusion.

This is precisely why notaries often ask questions that, at first glance, may seem unrelated to the transaction: Why did you decide to sell your apartment right now? Who initiated the sale? Did you make this decision independently? Do your family members know about it?

It is often the answers to these questions that make it possible to prevent a crime.

For instance, an elderly woman approached one notary with the intention of urgently selling her apartment at a price significantly below market value. The documents were properly executed, but the woman's behavior raised suspicion. During the conversation, it emerged that she had been under the psychological influence of phone scammers for several days, who had convinced her to sell her apartment and transfer the proceeds to a so-called "secure account."

The notary did not limit herself to a formal document review. After an additional conversation, she contacted the citizen's daughter and recommended that she immediately contact law enforcement. Thanks to this, the loss of the apartment and the money was prevented.

Such situations arise not only in cases of phone fraud.

In my practice and that of my colleagues, there are instances where a person comes to perform a notarial act under psychological pressure from relatives or other individuals. For example, while notarizing a marriage contract, the notary noticed that one of the parties was answering hesitantly and avoiding independent responses. Later, when it became possible to speak without the spouse present, the woman admitted that she did not wish to sign the agreement but feared the consequences of refusal. After all the circumstances were clarified, the notarial act was not performed.

These cases share one common factor: no state information system can determine whether a person is acting voluntarily.

Today, Kazakhstan's notariat is one of the most digitized. Notaries work with state information systems, verifying data on identity, property rights, and the existence of restrictions and encumbrances. However, technology can verify documents, but it cannot assess a person's inner will. This is precisely why the personal involvement of the notary remains the most important guarantee of a transaction's legality.

I would like to draw citizens' attention to another important point. The law permits certain real estate transactions to be concluded in simple written form. However, in such cases, no one ascertains whether the parties understand the content of the contract, whether they are acting voluntarily, or whether they are under the influence of scammers or psychological pressure. The officials who accept documents for state registration are not parties to the transaction, do not analyze its terms, and bear no property liability for its legality.

It is no coincidence that in most countries with a Latin notarial system – Germany, France, Spain, Italy, the Netherlands, Poland, Switzerland, Belgium, Japan, and a number of other states – real estate transactions are subject to mandatory notarial authentication. This is considered one of the most effective mechanisms for protecting property rights.

Therefore, the main advice is simple: if you are being persuaded to urgently sell your apartment, execute a power of attorney, conclude a gift agreement, or enter into any other transaction under the pretext of "property protection," a "special verification," or "assistance to law enforcement" – stop. Pause. Discuss the situation with your loved ones. If you have the slightest doubt, contact the police. And remember: a true notary never rushes a person into making a decision. On the contrary, our professional duty is to ensure that the decision is made freely, consciously, and in the citizen's own best interest.

Sometimes it is precisely those few extra questions asked by a notary that allow a person to keep not only their money, but also their only home.

Zanmedia.kz