How The Central Authority Works in Kazakhstan

Written by: Undisputed Legal Inc

This article will provide guidance on How The Central Authority Works In Kazakhstan. According to Kazakhstan’s official constitution, the country is a unitary republic that is democratic and secular. Kazakhstan is headed by a president who also serves as head of state and can veto laws approved by the Parliament. In addition to leading the government of Kazakhstan, the prime minister also heads the ministerial cabinet. The cabinet consists of sixteen ministers and three deputy prime ministers. Click here for How the Hague Convention Simplifies International Process Service.

Regarding matters of recognition, issuance, modification of court decisions, and the implementation of measures aimed at international recovery, the Forwarding Authority bodies have the power to carry out the Convention’s provisions based on instructions from domestic and foreign courts and individual applications. Click Here for information on the Code of Civil Procedure in Kazakhstan.

It is recommended to use a private process service agency like Undisputed Legal for foreign service of process in Kazakhstan since they are efficient, accurate, and trustworthy. When it comes to addressing legal matters that span international borders, our strong foundation in international law and our skill in cross-cultural communication provides us with a distinct advantage. As a leading provider of international legal services, Undisputed Legal is committed to following all relevant regulations regarding serving process. Click Here for Frequently Asked Questions About Process Servers!

Understanding the Hague Service Convention in Kazakhstan

The Department for Provision of Courts’ Activity under the Supreme Court of the Republic of Kazakhstan through the Administrative Office of the Supreme Court of the Republic of Kazakhstan is the Central Authority for the Hague Service Convention. Gaukhar Egenberdieva, The Chief Consultant of the International Relations Department, is the head of the Central Authority. Click here for information on How Process Servers Protect Your Rights: Myths Debunked.

To exercise jurisdiction over another party (such as a defendant), the court or administrative body must first provide that party with proper notice of the initial legal action through service of process. This allows the defendant to respond to the proceeding before the court, body, or other tribunals. Click here for information on How To Identify A Good Process Service Agency

The Hague Service Convention, a multilateral treaty entered upon by member nations of the Hague Conference on Private International Law in Hague, Netherlands, on November 15, 1965, governs how process can be accomplished in civil and commercial cases. Litigants needed a dependable and effective way to serve papers on parties that lived, operated, or were headquartered in another nation. Therefore, it was created. Criminal proceedings are exempt from the convention’s requirements, which govern process delivery in commercial and civil cases. Furthermore, if the unknown recipient’s address is known, the Convention shall not be applicable. Our Undisputed Legal process servers are highly aware of the functioning of the courts in Kazakhstan and can locate even the most hard-to-find defendants. Click here for information on How Rush Process Service Can Expedite Your Case.

Service Method and Translation Needs

Either the Central Authority of the State addressed will personally serve the document or arrange for it to be served by an appropriate agency. The state’s internal law must serve documents in domestic actions, or the applicant can specify a specific method, provided that it does not conflict with the state’s laws. At Undisputed Legal, our servers are local to the area and can ensure compliance with the country’s laws. Click here for information on How Service of Process Ensures A Solid Foundation

Delivery to an addressee who willingly accepts it constitutes service. It is essential that the Central Authority is to serve the document. Consequently, the document must be penned or translated into Kazakhstan’s official language or one of its official languages. Click here for information on How To Overcome Language Barriers in Process Service

Any Kazakh Supreme Court official empowered to serve process in the issuing state may submit a formal request for service to the relevant state’s central authority. A certificate of service is sent to the judicial officer, who requests it from the central authority after service is achieved. Click here for information on How Timelines Are Important in Process Serving.

Documents may be served by the Hague Convention in several ways, including the postal channel, by judicial officers, authorities, diplomatic/consular agents, or other competent people. Kazakhstan has no objection to Article 10 and, as such, service via mail as a legitimate means of serving the papers inside their borders. Litigants are granted relief under the convention in cases where, after six months of waiting, the Central Authority still needs to provide a certificate of service or delivery. After what it thinks is a ‘reasonable amount of time has passed’, the Supreme Court may issue a ruling in such instances. In addition, the court may impose a temporary restraining order or other protective measure before the six-month waiting period if the matter is urgent.

Kazakhstan Service Requirements

The active role of the court is fixed in the administrative process. The evidence presented by the parties does not bind the court. Still, it additionally examines all the circumstances of the dispute based on the stated requirements, helps the citizen find the missing documents, and assists in correcting errors in claims.

The Administrative Court provides judicial control over the execution of its own decisions. For their non-fulfillment, the court can impose a fine instantly on any official. A court fine will not be an administrative penalty. The regional court will make an exemplary decision if the matter comes within a district’s jurisdiction. While considering cases, the courts will consider the legal positions of the higher court in cases considered by such jurisdiction. To distribute cases equally among the republic’s courts, it was proposed to introduce extraterritorial jurisdiction (with the parties’ consent). The court will determine if the parties choose extraterritorial jurisdiction, considering the workload and specialization, regardless of its territorial location.

Preparation of a pre-trial protocol is an essential introduction to the civil process. Parties are empowered to disclose, present, and exchange evidence before initiating a case in court while filing a claim. Thus, the parties can come to a compromise solution, reconcile or abandon the trial—the institution of executive writs by excluding specific requirements from writ proceedings with their transfer to notaries. We at Undisputed Legal ensure that pre-trial procedures are undertaken to the fullest.

The court’s competence should include only the consideration of cases on offenses where the sanction provides for the arrest, confiscation of property, deprivation of special rights, forced demolition and expulsion of a foreign citizen outside the republic. If someone is found to be in contempt of court, it can be through their failure to appear in court without a valid excuse, their refusal to comply with the chairman’s regulations during a court session, a violation of court rules, or any other action that clearly indicates contempt of court or judge. The consequences for such contempt can include a fine of twenty calculation indices per month or administrative arrest for a term of up to five days. Service of these papers needs to be done appropriately to prevent adverse effects on your case, and we at Undisputed Legal will do everything in our power to prevent adverse judgments.

To ensure that diplomatic or consular representatives from other Contracting States may receive evidence in civil or commercial disputes without coercion, as stated in Article 15 of the Convention, the Republic of Kazakhstan must get authorization from its competent authorities. No prior authorization from the competent authorities of the Republic of Kazakhstan is required to obtain evidence in civil or commercial actions without coercion.

With the previous authorization of the competent authority of the Republic of Kazakhstan, it is permissible to get evidence in civil or commercial actions without coercion. A Contracting State has the power to designate other authorities and assess their proficiency alongside the central authority. Nonetheless, the central authority receives all court orders.

Understanding the Central Authority in Kazakhstan

The Administrative Court of the Kazakh Republic is the addressee Central Authority. The requesting state’s judicial authority sends the request letter immediately to the requested state’s central authority, which is responsible for notifying the time and location of the letter’s execution.

Officials from the judiciary must be present when the Letter of Request is executed. Under the 1970 Convention, the execution of the request takes place in the presence of the judge and the court session secretary. A state outside of Kazakhstan asserts its authority by claiming judicial immunity, which protects it from having its claims secured or its judicial acts enforced.

The Republic of Kazakhstan will execute court orders from the requesting Contracting States on its territory if written in English and accompanied by certified Kazakh and Russian translations. This is by articles 4 and 33 of the Convention on Obtaining Evidence Abroad in Civil or Commercial Cases.
Reimbursement of fees and costs associated with the execution of letters of request, including the costs of serving process to compel witnesses to appear and provide evidence, the costs of their attendance, and the costs of any transcript of their testimony, is not limited by the constitution.

Within one month after receiving the request, the court will carry out the court order. Court orders intended to gather documents recognized in common law are performed outside the territory of the Republic of Kazakhstan, according to Article 23 of the Convention. The court bailiff or another court employee must create a protocol outlining the steps to be taken in case of a violation, which should be indicated in the offense protocol.

To defend Kazakhstan’s interests and bolster the country’s standing in the international community, the Ministry of Justice provides legal support for Kazakhstan’s actions abroad. Legal expertise in drafting normative legal acts of the Republic of Kazakhstan on the conclusion, execution, and termination of international treaties of bilateral and multilateral character, excluding issues of economic integration, as well as preparation for their conclusion and expertise in drafting international treaties of the Republic of Kazakhstan within the purview of the Ministry of Justice, constitute the primary objective of the Ministry.

Notary Public in Kazakhstan

By doing notarial acts, members of Kazakhstan’s Notary Profession help people and entities resolve legal disputes and safeguard their rights and interests. The authority to do notarial acts in the matters and within the parameters set out in this Law is possessed by public notaries who operate in state notary offices and those who engage in private practice; employees recognized as notaries public in regionally significant cities, towns, villages, and rural regions held by civil officials in akin authority and those acting as consuls for the Republic of Kazakhstan. The norms of the Civil Code and other Kazakh laws governing notarial functions make up the notarial legislation.

Specially authorized public officials may engage in independent notarial acts. Notaries and anyone authorized to do notarial acts are fully autonomous and answerable only to the law in performing their duties. Consequently, the Republic of Kazakhstan’s ratification of relevant international treaties and other regulatory legislative actions, as well as this Law, will serve as its guiding principles. Confidentiality of notarial acts performed by individuals and companies is guaranteed.

Any information learned when contacting or conducting a notarial act, including details about private property and non-property rights and responsibilities, is considered a notarial secret. Only the persons or organizations whose orders the notarial activities were carried out, or their authorized bodies, may receive information about the notarial operations and copies or duplicates of this information.

When an attorney needs information regarding notarial actions required to provide legal assistance, they can access it through the unified notarial information system. They can submit a request through the system, which an electronic digital signature will verify. The rules of notarial clerical correspondence have been approved by the Kazakh Ministry of Justice in conjunction with the state notary as the Rules citation, an authorized Kazakh state body responsible for managing archives and documentation.

In accordance with the process mandated by Kazakh law, private notaries are required to deposit their documents in a private notarial archive. One part of a unified notarial information system is a notarial electronic repository, which allows for the short-term storage, accounting, and use of electronic notarial documents.

Power of attorney

Powers of attorney (POA) allow one person (the donee) to legally represent another (the donor) in a legal matter. Usually, a party would utilize them while making choices about another person’s finances, property, or healthcare. Parties can specify the boundaries of their decision-making authority and the degree to which they may act on your behalf.

A power of attorney (POA) prepared in the United States must be certified before being used in Kazakhstan. Both authentication and legalization must be completed for an attestation to be valid. The document must be sent to the Kazakh Consul at the Embassy or Consulate of Kazakhstan after it has been validated, shown by a huge red stamp. In this location, your papers will be reviewed by the embassy for legalization. The primary purpose of the Kazakh embassy’s evaluation of the POA is to confirm the validity of the stamp. The Consular Section cannot provide Apostilles or certified copies of academic credentials. In addition, they will verify that the POA satisfies all requirements set down for its usage in Kazakhstan. A stamp or certification from the embassy will also be placed to indicate legalization.

Kazakhstan also utilizes the ‘Electronic Power of Attorney.’ Anyone with access to the Internet and an electronic digital signature (EDS) may now transfer authority to a representative without seeing a notary to get a power of attorney. All data about notarization actions that have been finalized must be inputted into the unified notarial database. This includes an official power of attorney (including details about the individual who certified it, the date it was certified, its registration number in the unified notarial information system’s electronic register of notarial actions, and the date and time when information about the power of attorney’s cancellation was entered into this register if it was canceled)

Particularly for heads of companies, carefully crafting power of attorney documents is crucial. This includes Kazakhstani branches of international corporations. Certain powers about the representation of corporations in Kazakhstan are outlined in Kazakhstani legislation.

Private process service organizations like Undisputed Legal can help free up attorneys’, companies’, and clients’ time to focus on other case areas. You may rest easy knowing that experts familiar with the local legal system care for it. Notifying all parties engaged in a judicial proceeding is our obligation. Our process servers can be an asset to your litigation due to their competence, knowledge of local laws, and efficiency.

DOMESTIC COVERAGE AREAS:

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OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN KAZAKHSTAN

Pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Kazakhstan process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

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Sources

1. Republic of Kazakhstan

010000 Astana, D. Kunaev str., 39

Tel. +77172 710169 / +77172 710180

2. The Administrative Procedural Code has been put into effect since July 1, 2021, and new administrative courts have begun their work in regional centers and large cities (of republican significance, as well as Kaskelen, Semey, Zhezkazgan and Ekibastuz).

3. Section 33 of the Code of the Kazakh Republic, No. 235-V, issued July 5, 2014—personal Offences Impinging On The State’s Authority.

4. If the actions or omissions described in Part 1 of this Article are repeated within one year of the administrative punishment being imposed, a fine of thirty monthly calculation indices or administrative arrest for up to ten days will be imposed.

5. No prior authorization from the competent authorities of the Republic of Kazakhstan is required to obtain evidence in civil or commercial actions without coercion, as provided for in paragraphs 16 and 17 of the Convention. To request assistance as outlined in Article 18 of the Convention, a diplomatic or consular representative or an authorized person appointed to gather evidence can approach the competent authority of the Republic of Kazakhstan, as long as it follows Kazakhstani law.

6. Articles 14(2)(3) and 26.

7. part 2 of Article 75 of the CPC of the Republic of Kazakhstan

8. As stated in Section 4 of Article 120 of the Kazakhstan Constitution

9. Documents in the unified notarial information system can include:
1) a digital registry of act of notarization;
2) probate case registry;

3) a registry for wills;
4) a digital archive for notarial documents.

10. A power of attorney must specifically name the courts. Among these authorities is the authority to execute a filing a claim, reaching a mediation agreement, submitting the matter to arbitration, or going to court , modify the content and reasons, accept a claim, waive a claim, or both assert one’s rights, negotiate a settlement, delegate authority, and challenge judicial decisions deliberations, seek the execution of judicial rulings, and collect monetary or property awards.