The Constitutional Court did not see any grounds to verify the constitutionality of the norm of the "Law on Notaries"

The Constitutional Court considered a citizen's appeal on the constitutionality of Article 99, paragraph 4 of the Law of July 14, 1997 "On Notaries".

The reason for the appeal was the notary's action to secure evidence without notifying the interested parties. Such provision by means of drawing up by the notary of the protocol of inquiry or examination of written and material evidence is allowed in cases of urgency or when it is impossible to determine who will subsequently participate in the case (paragraph 4 of Article 99 of the Law on Notaries).

In this case, the notary is obliged to indicate in the report of the interview or inspection of written and physical evidence the reason indicating the need to perform a notarial act without informing the interested parties (paragraph 210 of the Rules for the performance of notarial acts by notaries, approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated February 28, 2012 № 7447).

The Constitutional Court, based on the results of preliminary consideration of the appeal and analysis of legislative norms came to the conclusion that paragraph 4 of Article 99 of the Law on Notaries does not give rise to uncertainty and does not violate the constitutional rights of the applicant.

The appealed norm is of an exceptional nature and provides for specific cases when evidence may be recorded by a notary because of the risk of its loss. At the same time, evidence certified by a notary is not incontrovertible for the court. The judge shall independently assess the evidence presented according to his/her internal conviction based on an impartial, comprehensive and complete examination of the evidence available in the case in its totality. At the same time, an interested citizen is not deprived of the right to judicial protection, since no evidence has a predetermined force for the court (paragraphs 1 and 2 of the CPC of the Republic of Kazakhstan).

Proceeding from the above and guided by subparagraph 1) of paragraph 3 of Article 48 of the Constitutional Law "On the Constitutional Court", the Constitutional Court refused to accept for constitutional proceedings an appeal for consideration of the constitutionality of paragraph 4 of Article 99 of the Law of July 14, 1997 "On Notaries".