Astana Clarifies New Procedures for Executing Notarial Writs and Notifying Debtors

Notifying Debtors and Choosing a Notary: Astana officials have clarified the new procedures for executing notarial writs.

On July 8, 2026, Kazakhstan enacted the Law on Amendments and Additions to Certain Legislative Acts Concerning Notary Activities and Legal Assistance. This law introduces significant changes to the procedures for executing notarial writs, notifying debtors, adhering to territorial restrictions, automatically distributing applications among notaries, and state control over notary activities. Bakytzhan Beisen, Deputy Head of the Department of Justice of Astana, provided detailed information on these changes at a briefing by the Capital Communication Service, reported by ЖКХ24, citing the website of the Department of Energy and Housing and Communal Services of Astana.

According to the speaker, the new requirements will be implemented from September 8, 2026. However, the debtor's right to send a reasoned objection to the notary and the notary's authority to cancel the notarial writ remain intact.

Starting from September 8, notarial writs will not be executed for claims arising from government procurement contracts and agreements concluded under laws on procurement by specific quasi-state sector entities.

Such claims will be considered in court. When exercising state control, local justice authorities must consider the legal basis for the debt.

“From January 1, 2027, applications from citizens and legal entities for executing notarial writs will be distributed among notaries using a random automated case distribution mechanism through the Unified Notarial Digital System. This process aims to increase transparency in application distribution and eliminate the possibility of abuse during the selection of a specific notary. Until January 1, 2027, creditors can choose a notary themselves.

From this date, individuals can submit applications in written form or electronically via their account in the Unified Notarial Digital System using an electronic digital signature. Legal entities, including second-tier banks, microfinance, and microcredit organizations, will submit applications electronically through their account using an electronic digital signature,” said the Deputy Head of the Department of Justice.

According to him, starting September 8, 2026, a notarial writ will be executed based on the debtor's place of registration as stipulated by law. Previously, the legislation allowed several options for determining the location for notarial actions. The new rules eliminate such alternatives.

When exercising state control, local justice authorities must consider the debtor's registration place on the date of the notarial action. The law clarifies the requirements for a written acknowledgment of an unfulfilled obligation by the debtor.

The mere existence of a contract and supporting documents for the obligation is insufficient for executing a notarial writ. The written acknowledgment must simultaneously confirm the existence of debt, its amount, and the debtor’s acknowledgment of the amount subject to recovery. This acknowledgment may be contained in one or several documents.

The law mandates the obligatory delivery of a copy of the notarial writ through the Unified Notarial Digital System with recorded confirmation of its receipt.

“After executing the notarial writ, the debtor will be notified through the e-government portal and/or via SMS from 1414. After receiving the notification, the debtor can log in via eGov Mobile to review the writ in their account in the Unified Notarial Digital System. This mechanism ensures proper debtor notification and allows for objective recording of the information delivery.

One significant change is maintaining the mechanism where the notary can cancel the notarial writ directly. The debtor has 10 business days from receiving the writ copy to submit a reasoned objection to the notary. If the objection is timely and contains reasons for disagreement, the notary must issue a decision to cancel the writ within three business days of receiving the objection,” noted Bakytzhan Beisen.

Based on the decision to cancel the notarial writ, the execution proceedings should be terminated as prescribed by law. This means submitting a reasoned objection within 10 business days provides a way for the debtor to resolve the cancellation of the notarial writ outside of court.

The judicial process is applied in cases where the notarial writ is not canceled by the notary or where the debtor misses the deadline for submitting an objection.

"If the objection does not contain reasons for disagreement with the stated requirement or is submitted after the deadline, the notary refuses to cancel the writ. If the writ is not canceled and is passed to the bailiff for enforcement, challenging it must be done in court. Thus, these changes do not strip citizens of the right to object to the notary, nor do they revoke the notary's power to cancel the writ. The main goal of the new mechanisms is to make the process more transparent, ensure proper debtor notification, and clearly separate out-of-court and court procedures for protecting rights.

The law also provides for the automation of sending the notarial writ for enforcement through digital systems. Overall, the changes are aimed at enhancing the transparency of notarial procedures, strengthening debtor rights protection, improving notary activity supervision, and further digitizing processes,” the department representative concluded.

Photo: gov.kz