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The fourth side of a square of lawlessness


Almaty social activists
completed the construction of the “square of lawlessness”.  If earlier as sides were the police,
prosecutor’s office and judges, then during a joint press conference of the
“Society of Young Professionals of Kazakhstan”, movement
“Justice” and the NGO “Talmas” speakers stated that there
is still one problem – dishonest notaries.


“That are notaries, who
sign transactions on raider capture of business and depriving of shares in it,
that are notaries, who solve who should come into a fortune, that are notaries,
who make out to swindlers of the contract of donation of property and other
their actions lead to violation of the law”,- stated in a press release.
And the same notaries with a big scratch, but started to fill up a dock. For
not to be unfounded press conference participants invited victims of notarial


– We have analyzed the situation and realized that notaries, in fact,
obey to no one, except those who gave them license. And it is the Ministry of
Justice, which in fact has no control over them and their controls Republican
Notary Chamber
– said Olesya Halabuzar,
chairman of the “Society of Young Professionals of Kazakhstan.” She
cited some figures: According to the National Chamber of Notaries, the country
has in total 3978 notaries, and their localization is defined by population,
however “in Almaty act 770 notaries, in Astana – which population is
two-three times less – 670 notaries”.


But if violations were
limited only to discrepancy of quantity, such trouble wouldn’t exist. It is all
about the practice.


The first victim – Galina
Syniavska – said that their family there was agreement: who stays till the end
of days with his mother is executed inheritance. Under this contract, the right
to inheritance after the death of his father received a younger brother.
Inheritance case was executed in the State notary office Taldykorgan. In late
2000, the heirs decided to transfer Galina care of mother and the house on the
same terms. In June 2002, mother died, about what the notary Alshanbayeva was
informed. After six months G.Sinyavskaya filed for acceptance of the
inheritance in the same notary, after which there was a hereditary dispute, a
considerable role in which, in the opinion of Sinyavsky played a notary action.
She counted at least six of the violations that led to the trial. And if these
“inconsistencies” from the ordinary citizen as the withdrawal of
their case files, stealing documents, perjury in court, lead to criminal charges,
the notaries can (until recently) to rely on disciplinary punishment, or to the
most terrible punishment – Review license.


“Evidence of inheritance the notary Alshanbaeva issued to one of
the heirs by proxy from the rest. But I did not give him power of attorney
hereditary cases, and no one reported to me about the registration of the
inheritance. The certificate according to the Law on Notaries RK and
instructions is issued or to all heirs together or each separately. The
certificate issued by the notary to the heirs of the first stage, a summary of
all except me (including three citizens of Russia), and in the contract of
donation share of the inheritance I was never mentioned “
, – explained the situation Galina Syniavska.


Rufina Galimzyanova from the
movement “Justice” told about another case from the experience of
receiving notary services, related to her son.


There was a failure in the
property, as there is the deed of gift, which the plaintiff did not know until
now. Ostensibly on his behalf was signed a document and was left signature in
the log, which he could not do (he explains that was the influence of alcohol).
With “his” signatures the applicant could be found only in court,
after which he requested a handwriting examination.


Handwriting examination also
returned a verdict worthy of mention: “Along with coincidences, there are
differences, the appearance of which is caused by the action of unusual factors
(an unusual posture, unusual condition, and so on).” In the next four
years Galimzyanova family who lost an apartment allegedly deed of gift, could
not get a repeat examination. And only the intervention of the Prosecutor
General has led to criminal charges under article “fraud” and a new
examination found fake signatures.


– Why for four years it was impossible to raise this issue and put it in
place of a notary?

R.Galimzyanova perplexed.


The story about how the
property is “sweeping aside” 
by means of the notaries added Larisa Boyar from the association
“Talmas” . She is engaged at once in two cases connected with fraud
where considerable, if not the main contribution, notaries brought.


Family Kornienko from the
Ili district of Almaty region was faced with the fact that the power of
attorney for property in the land pae was shamelessly framed by the notary
Zhaksybayeva on behalf of their dead by that time mother. Several other
neighboring families also have lost land holdings under the same scheme.


Also more than thirty Almaty
families who are victims of fraud, have lost their homes with the direct
participation of two notaries, draws illegal transactions of purchase and sale
(the case is again pending in Almaty police).


– I did monitoring (in a single
court system for court cases and judicial decisions – AG) the work of the two notaries in 2010. In 2010, two civil lawsuits
considered by bad faith of the transaction, Ms. Zulharnaeva formalized in 2011
– once in 2012 – four times, in 2013 – twice, in 2014 – was already five court
sessions on the recognition of the sales transaction invalid . And they
continue to work and thrive to this day. They did not even apply disciplinary
– said L.Boyar.


According to participants of
a press conference, behind each of unfair notaries there is “roof”,
perhaps because of the officials who are doing their best to prevent the
offense of “theirs”.

However, as expressed Olesya
Halabuzar process yet got off the ground and “notaries in 2014 returned 29
million tenge affected by their actions.” To encourage the authorities to
solve this problem public activists are going to take a number of steps and
announced the beginning of the action of control and supervision over the
actions of notaries. The campaign will be collected applications from citizens
on cases of abuse their position and notaries attempts to initiate several show
trials. According O.Halabuzar, this initiative has already found support among
some members of the Parliament of the Republic of Kazakhstan.


– If we all unite together, once the authorities agrees to help, I think
we can weed out such notaries who discredit the profession,
– concluded Olesya Halabuzar.

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