On compulsory civil liability insurance of private notaries

Official source: Adilet / https://adilet.zan.kz/rus/docs/Z030000435_ The relevance of the editorial office has been verified: 2026-06-21.

CONTENTS

This Law regulates public relations arising in connection with compulsory civil liability insurance of private notaries, and establishes the legal, economic and organizational basis for its implementation.

Chapter 1. General provisions

Article 1. Basic concepts used in this Law

This Law uses the following basic concepts:

private notary – a citizen of the Republic of Kazakhstan who carries out notarial activities without forming a legal entity on the basis of a license for the right to carry out notarial activities and has been registered with the territorial body of justice;
civil liability of a private notary – the obligation of a private notary established by the civil legislation of the Republic of Kazakhstan to compensate for damage caused as a result of notarial acts;

Note FROM! Article 1 is to be supplemented with subparagraph 2-1) in accordance with the Law of January 16, 2026 No. 259-VIII (to be enforced from January 1, 2027).

beneficiary - a person who, in accordance with this Law, is the recipient of the insurance payment;
insured event - an event upon the occurrence of which the insurance contract provides for the implementation of insurance payment;

Note FROM! Subparagraph 5) is provided for exclusion by the Law of January 16, 2026 No. 259-VIII (to be enforced from January 1, 2027).

insurance ombudsman - an individual independent in his activities who resolves disagreements between participants in the insurance market in accordance with the Law of the Republic of Kazakhstan “On Insurance Activities”;
sum insured - the amount of money for which the insurance object is insured and which represents the maximum amount of liability of the insurer upon the occurrence of an insured event;
insurance premium - the amount of money that the policyholder is obliged to pay to the insurer for the latter’s acceptance of the obligation to make an insurance payment to the beneficiary in the amount determined by the contract of compulsory civil liability insurance of a private notary;
insurance payment - the amount of money paid by the insurer to the policyholder (beneficiary) within the limits of the insured amount upon the occurrence of an insured event;
insurer - a legal entity registered as an insurance organization and licensed to carry out insurance activities, obligated, upon the occurrence of an insured event, to make an insurance payment to the insured or another person in whose favor the contract was concluded (beneficiary), within the limits of the insurance amount determined by the contract;
the insured is a private notary who has entered into an agreement with the insurer on compulsory insurance of civil liability of a private notary;
third party - a person who is not a party to the contract of compulsory insurance of civil liability of a private notary, whose property interests are damaged when the private notary performs professional duties related to the performance of notarial actions, for the implementation of which the private notary, in accordance with the legislation of the Republic of Kazakhstan on notaries, is obliged to conclude a contract of compulsory insurance of civil liability of a private notary;
deductible – exemption of the insurer from compensation for losses not exceeding a certain amount.

Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated July 2, 2018 No. 166-VI (shall be brought into force ten calendar days after the day of its first official publication).

Article 2. Legislation of the Republic of Kazakhstan on compulsory insurance of civil liability of private notaries

The legislation of the Republic of Kazakhstan on compulsory insurance of civil liability of private notaries is based on the Constitution of the Republic of Kazakhstan and consists of the Civil Code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.
If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, then the rules of the international treaty apply.
The provisions of this Law applied to the insurer, including the insurance organization, apply to branches of non-resident insurance organizations of the Republic of Kazakhstan opened on the territory of the Republic of Kazakhstan.

Footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 399-VI (shall be brought into force upon the expiration of ten calendar days after the day of its first official publication).

Article 3. Object of compulsory insurance of civil liability of private notaries

The object of compulsory insurance of civil liability of private notaries (hereinafter - compulsory liability insurance of private notaries) is the property interests of a private notary associated with his obligation to compensate for damage caused to third parties as a result of his notarial actions, for the implementation of which a private notary, in accordance with the legislation of the Republic of Kazakhstan on notaries, is obliged to conclude an agreement of compulsory liability insurance of a private notary (hereinafter - notarial actions).

Article 4. Purpose and basic principles of compulsory liability insurance for private notaries

The purpose of compulsory liability insurance for private notaries is to ensure the protection of the property interests of third parties who have suffered harm as a result of notarial acts performed by a private notary, through insurance payments.
The main principles of compulsory liability insurance for private notaries are:

carrying out the activities of a private notary, whose liability is insured under a compulsory private notary liability insurance contract;

ensuring that the parties fulfill their obligations under the contract of compulsory liability insurance of private notaries.

Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be brought into force upon the expiration of ten calendar days after the day of its first official publication).

Article 4-1. Features of compulsory liability insurance for private notaries

Excluded by the Law of the Republic of Kazakhstan dated April 27, 2015 No. 311-V (shall be brought into force ten calendar days after the day of its first official publication).
Activities aimed at limiting or eliminating competition, providing or obtaining unjustified advantages in concluding compulsory insurance contracts for the liability of private notaries by some insurers over others, or infringing on the rights and legitimate interests of policyholders are not permitted.

Footnote. The Law is supplemented by Article 4-1 in accordance with the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV; as amended by the Law of the Republic of Kazakhstan dated April 27, 2015 No. 311-V (shall be brought into force ten calendar days after the day of its first official publication). Note FROM! Article 4-2 is amended by the Law of the Republic of Kazakhstan dated January 16, 2026 No. 259-VIII (to be enforced from January 1, 2027).

Article 4-2. Information interaction

Judicial authorities, prosecutorial authorities, other government bodies and organizations that have information necessary to confirm the occurrence of an insured event and its consequences are required to provide this information to the insurer, policyholder (beneficiary), and insurance ombudsman upon their application.

Footnote. Chapter 1 is supplemented by Article 4-2 in accordance with the Law of the Republic of Kazakhstan dated July 2, 2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 5. Persons whose civil liability is subject to compulsory insurance

The civil liability of private notaries operating in the manner established by the legislation of the Republic of Kazakhstan is subject to compulsory insurance.
The conclusion by a private notary of a voluntary insurance agreement for his civil liability related to the implementation of notarial activities does not relieve him of the obligation to enter into a compulsory insurance agreement for the liability of private notaries.

Article 6. Inadmissibility of carrying out the activities of a private notary without concluding a contract of compulsory liability insurance for private notaries

A private notary has no right to perform notarial acts without concluding a contract of compulsory liability insurance for private notaries.
A private notary operating without concluding a contract of compulsory liability insurance for private notaries shall bear liability established by the laws of the Republic of Kazakhstan.

Article 7. State supervision and control in the field of compulsory liability insurance of private notaries

State supervision and control over the activities of insurance organizations are carried out by the authorized body for regulation, control and supervision of the financial market and financial organizations (hereinafter referred to as the authorized body) in accordance with the legislation of the Republic of Kazakhstan.
State control over the fulfillment by a private notary of the requirements of this Law in terms of the mandatory conclusion of a contract of compulsory liability insurance for private notaries, and the adoption of measures against private notaries who violate this requirement, are assigned in accordance with this Law to the justice authorities within the limits of their competence established by the legislative acts of the Republic of Kazakhstan.

Footnote. Article 7 as amended by the laws of the Republic of Kazakhstan dated 07/05/2012 No. 30-V (shall be brought into force after ten calendar days after its first official publication); dated 07/03/2019 No. 262-VI (effective from 01/01/2020).

Chapter 2. Compulsory insurance contract

liability of private notaries

Article 8. Contract of compulsory liability insurance for private notaries and the procedure for its conclusion

Compulsory liability insurance of private notaries is carried out on the basis of an agreement concluded in accordance with this Law and the Civil Code of the Republic of Kazakhstan between the insurer and the insured in favor of a third party, whose property interests may be harmed when a private notary performs notarial actions.

A private notary is obliged to conclude a contract of compulsory insurance of his civil liability before performing notarial acts.

The contract of compulsory liability insurance of private notaries provides for the implementation of insurance payment for obligations arising as a result of causing harm to third parties when the insured performed notarial actions, with the exception of compensation for moral damage, lost profits and payment of a penalty.
The contract of compulsory liability insurance for private notaries is concluded only with an insurer that has a license to carry out activities in this type of compulsory insurance. The conclusion of such an agreement for the said insurer is mandatory, except for cases provided for by the laws of the Republic of Kazakhstan.
The contract of compulsory liability insurance of private notaries is concluded by issuing an insurance policy in electronic form by the insurer.

Requirements for the content and execution of an insurance policy for compulsory liability insurance of private notaries are established by the legislation of the Republic of Kazakhstan on insurance and insurance activities.

The insurer is responsible for the incompleteness of the conditions to be specified in the contract of compulsory liability insurance for private notaries. If a dispute arises under a contract of compulsory liability insurance for private notaries due to the incompleteness of some of its terms, the dispute is resolved in favor of the policyholder.

4-1. A contract of compulsory liability insurance for private notaries, at the request of the policyholder, can be concluded by means of a written application to the insurer or the exchange of electronic information resources between the policyholder and the insurer.

If a contract of compulsory liability insurance for private notaries is concluded on conditions that worsen the position of the policyholder or third parties in comparison with that provided for by this Law, then upon the occurrence of an insured event, the insurer bears obligations to the policyholder and third parties on the terms established by this Law.

Footnote. Article 8 as amended by the laws of the Republic of Kazakhstan dated February 27, 2017 No. 49-VI (shall be brought into force upon the expiration of ten calendar days after the day of its first official publication); dated 07/02/2018 No. 166-VI (takes effect from 01/01/2019) dated 07/12/2022 No. 138-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Article 8-1. Requirements for the insurer and Internet resources when concluding a contract of compulsory liability insurance for private notaries and settling insurance claims through the exchange of electronic information resources

When concluding compulsory liability insurance contracts for private notaries in electronic form and settling insurance claims under them, an Internet resource and (or) the insurer’s information system are used to exchange electronic information resources between the organization for the formation and maintenance of the database, the insurer and the policyholder (beneficiary).

When submitting an application for concluding a contract of compulsory liability insurance for private notaries in electronic form and settling an insured event, the policyholder is not required to use specialized software.

On the Internet resource of the organization for the formation and maintenance of the database, there is a link to the Internet resource of the insurance organization, used for concluding compulsory liability insurance contracts for private notaries and settling insurance cases in electronic form.

The procedure for the exchange of electronic information resources between the organization for the formation and maintenance of the database and the insurer, the insurer and the insured (beneficiary) is determined by the regulatory legal act of the authorized body.
When concluding a contract of compulsory liability insurance for private notaries and settling insured events thereon using the insurer’s Internet resource, the insurer is obliged to ensure:

immediate sending to the policyholder of a notice of the conclusion of a compulsory liability insurance contract for private notaries or refusal to conclude it (indicating the reasons for the refusal) in the form of an electronic message;
notification of the policyholder (beneficiary) about the main stages of the process of settling the insured event, including the refusal to accept documents for settling the case (indicating the reasons for the refusal), in the form of an electronic message in the manner determined by the regulatory legal act of the authorized body;
the possibility of the policyholder checking information on the concluded contract of compulsory liability insurance of private notaries on the Internet resource of the insurance organization;
the ability for the policyholder (beneficiary) to check information on an insured event under a compulsory liability insurance contract for private notaries on the insurance organization’s Internet resource;
storage of the contract of compulsory liability insurance of private notaries in electronic form and information on the insured event on it, ensuring round-the-clock access for the policyholder (beneficiary) to the insurer’s Internet resource;
the opportunity for the policyholder (beneficiary) to create and send to the insurer information in electronic form (applications, notifications and (or) other documents, information) necessary for:

concluding a contract of compulsory liability insurance for private notaries;

early termination of the contract of compulsory liability insurance for private notaries;

notifications about the occurrence of an insured event (an event considered as an insured event);

determining the amount of harm caused;

receiving insurance payment;

settlement of disputes arising from the contract of compulsory liability insurance of private notaries, taking into account the features provided for in Article 19-1 of this Law.

Notification of the conclusion of a compulsory liability insurance agreement for private notaries and the settlement of insured events under it is sent from the organization for the formation and maintenance of the database.

Requirements for the procedure and content of notifications on the conclusion of a compulsory liability insurance contract for private notaries and the settlement of insured events under it are determined by the authorized body.

When concluding a contract of compulsory liability insurance for private notaries through the exchange of electronic information resources, the insurance contract is considered concluded by the policyholder from the date of payment by the insured of the insurance premium (the first insurance premium in the case of paying the insurance premium in installments), unless otherwise provided by the contract of compulsory liability insurance for private notaries.
When concluding a contract of compulsory liability insurance for private notaries through the exchange of electronic information resources, the policyholder pays the insurance premium (the first insurance premium in the case of paying the insurance premium in installments) after familiarizing himself with the insurance conditions provided for by this Law, thereby confirming his consent to enter into an accession agreement on the terms proposed to him.
The insurer provides the opportunity to conclude compulsory liability insurance contracts for private notaries and settle insured events thereon using the insurer’s Internet resource around the clock.
The activity of insurance agents in concluding contracts for compulsory liability insurance of private notaries is not allowed.

Footnote. Chapter 2 is supplemented by Article 8-1 in accordance with the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced from 01/01/2019); as amended by the Law of the Republic of Kazakhstan dated July 12, 2022 No. 138-VII (to come into effect from January 1, 2024).

Article 9. Validity of the contract of compulsory liability insurance for private notaries

Unless otherwise provided for in the contract of compulsory liability insurance of private notaries, it comes into force and becomes binding on the parties from the moment the policyholder pays the insurance premium, and if it is paid in installments, the first insurance premium.
The contract of compulsory liability insurance of private notaries is concluded for a period of twelve months from the date of its entry into force.

The validity period of insurance coverage coincides with the validity period of the compulsory liability insurance contract for private notaries.

The validity of the contract of compulsory liability insurance for private notaries is limited to the territory of the Republic of Kazakhstan, unless otherwise provided for in the contract of compulsory liability insurance for private notaries.

Article 10. Termination of the contract of compulsory liability insurance for private notaries

The contract of compulsory liability insurance for private notaries is terminated in the following cases:

expiration of the contract;
early termination of the contract;
the insurer makes an insurance payment (insurance payments) in the amount of the insured amount determined by the terms of the contract of compulsory liability insurance of private notaries.

Article 11. Early termination of the contract of compulsory liability insurance for private notaries

The procedure, conditions and consequences of early termination of the contract of compulsory liability insurance of private notaries are determined in accordance with the civil legislation of the Republic of Kazakhstan.

Article 12. Invalidity of the contract of compulsory liability insurance for private notaries

The conditions, grounds and consequences of invalidating a contract of compulsory liability insurance for private notaries are determined in accordance with the civil legislation of the Republic of Kazakhstan.

Article 13. Rights and obligations of the policyholder

The policyholder has the right:

demand from the insurer an explanation of the conditions of compulsory liability insurance of private notaries, their rights and obligations under the contract of compulsory liability insurance of private notaries;
get acquainted with the financial statements of the insurer;

2-1) get acquainted with the results of assessing the amount of damage caused and calculations of the amount of insurance payment made by the insurer (including through the insurer’s Internet resource);

receive insurance payment in the manner and under the conditions provided for by this Law;

Note FROM! Subparagraph 3-1) is provided for in the wording of the Law of the Republic of Kazakhstan dated January 16, 2026 No. 259-VIII (to come into effect from January 1, 2027).

3-1) contact the insurer, taking into account the specifics provided for in Article 19-1 of this Law, or the insurance ombudsman or the court to resolve issues arising from the compulsory liability insurance agreement for private notaries;

Note FROM! Subparagraph 4) is provided for in the wording of the Law of the Republic of Kazakhstan dated January 16, 2026 No. 259-VIII (to come into effect from January 1, 2027).

send the application and attached documents to the insurance ombudsman (directly to the insurance ombudsman, including through its Internet resource, or through the insurer, including through its branch, representative office, other separate structural unit, Internet resource) taking into account the features provided for by the Law Republic of Kazakhstan "On insurance activities".

The policyholder is obliged:

pay the insurance premium in the amount, procedure and terms established by the compulsory liability insurance agreement for private notaries;
when concluding a contract of compulsory liability insurance for private notaries, provide information to the insurer in accordance with the requirements of this Law;
immediately, but no later than five working days, as he became aware of the filing of a claim or statement of claim by a third party for compensation for damage caused as a result of his notarial acts, notify the insurer about this in an accessible way (orally, in writing);
provide the insurer with all information and documentation available to him, allowing him to judge the causes, course and consequences of the event, upon the occurrence of which the insured becomes obligated to compensate for the damage caused, as well as the nature and extent of the damage caused;
provide the insurer with the opportunity to participate in the settlement of issues related to the claim of third parties for compensation for damage;
take measures to prevent or reduce losses from an insured event;
ensure the transfer to the insurer of the right of recourse to the person responsible for the occurrence of the insured event;
notify the person to whom the insured provided services for performing notarial acts, about the insurance of his civil liability for compensation for damage caused to the property interests of third parties as a result of the performance of notarial acts by a private notary.

The contract of compulsory liability insurance of private notaries may provide for other rights and obligations of the insured that do not contradict the legislative acts of the Republic of Kazakhstan.

Footnote. Article 13 as amended by the laws of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated July 12, 2022 No. 138-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Article 14. Rights and obligations of the insurer

The insurer has the right:

when concluding a contract of compulsory liability insurance for private notaries, require the insurer to provide information about previous contracts of compulsory liability insurance for private notaries, insured events, insurance payments and other information necessary for inclusion in the contract of compulsory liability insurance for private notaries, provided for by the Civil Code of the Republic of Kazakhstan;
take part in resolving issues related to third party claims for compensation for damage caused by the insured;
make a right of recourse against the person responsible for causing harm in cases provided for in Article 20 of this Law;
refuse to make insurance payment in whole or in part on the grounds provided for in Article 21 of this Law.

The insurer is obliged:

familiarize the policyholder with the terms of compulsory liability insurance for private notaries, explain his rights and obligations arising from the contract of compulsory liability insurance for private notaries;

1-1) upon notification of an insured event (an event considered as an insured event) that occurred during the period of insurance protection under a compulsory liability insurance contract for private notaries, immediately register it and submit information on this insured event (an event considered as an insured event) to the organization for the formation and maintenance of a database in accordance with the regulatory legal act of the authorized body;

upon early termination of the contract of compulsory liability insurance of private notaries in the cases and in the manner established by the civil legislation of the Republic of Kazakhstan, return the insurance premium to the policyholder in full or in part;

2-1) if there are insufficient documents confirming the occurrence of an insured event and the amount of damage to be compensated by the insurer, within three working days from the date of receipt, inform the applicant about this, indicating the full list of missing and (or) incorrectly executed documents;

upon the occurrence of an insured event, make an insurance payment in the manner and under the conditions provided for by this Law;

3-1) upon receipt of an application from the insured (beneficiary), consider the requirements of the insured (beneficiary) and provide a written response indicating the further procedure for resolving the dispute within five working days;

Note FROM! Subparagraph 3-2) is provided for as amended by the Law of the Republic of Kazakhstan dated 01/16/2026 No. 259-VIII (to come into effect from 01/01/2027).

3-2) upon receipt from the policyholder (beneficiary) of an application sent to the insurance ombudsman, redirect this application, as well as the documents attached to it, to the insurance ombudsman within three working days from the date of receipt;

reimburse the policyholder for expenses incurred in order to prevent or reduce losses in the event of an insured event;
ensure the secrecy of insurance;
in case of untimely payment of insurance payment, pay the beneficiary a penalty in the manner and amount established by the Civil Code of the Republic of Kazakhstan.

The contract of compulsory liability insurance of private notaries may provide for other rights and obligations of the insurer that do not contradict the legislative acts of the Republic of Kazakhstan.

Footnote. Article 14 as amended by the laws of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 07/12/2022 No. 138-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Chapter 3. Sum insured and insurance premium

Article 15. Sum insured

The amount of the insured amount under the contract of compulsory liability insurance of private notaries is determined by its terms and must be for notaries operating in cities of republican significance, the capital - at least 1000, for other notaries - at least 500 times the monthly calculation index established by the law on the republican budget for the corresponding financial year, on the date of concluding the contract of compulsory liability insurance for private notaries.

Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated December 28, 2018 No. 210-VI (shall be brought into force ten calendar days after the day of its first official publication).

Article 16. Amount of insurance premium

The amount of the insurance premium is established by agreement of the parties, but not more than 4.5 percent of the insured amount determined by the terms of the compulsory liability insurance agreement for private notaries.

Article 17. Procedure and terms for payment of insurance premium

The procedure and terms for payment of the insurance premium under the contract of compulsory liability insurance of private notaries are established by agreement of the parties.
Unless otherwise provided for in the contract of compulsory liability insurance for private notaries, then for late payment of the next insurance premium the policyholder is obliged to pay the insurer a penalty as for unlawful use of someone else’s money in the manner and amount established by the Civil Code of the Republic of Kazakhstan.
The insurer provides the opportunity to pay the insurance premium by non-cash method through the insurer’s Internet resource.

Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (enters into force from 01/01/2019).

Chapter 4. Insured event and insurance payment

Article 18. Determination of an insured event and the amount of insurance payment

An insured event under a contract of compulsory liability insurance for private notaries is recognized as the fact of the occurrence of civil liability of the insured for compensation for damage caused to the property interests of third parties as a result of the performance of notarial acts by a private notary.
An insured event is considered to have occurred from the day the court decision on compensation for damage caused by the insured comes into legal force or the insured recognizes the claims of third parties for compensation for damage as justified and the insurer agrees with the recognition of the insured’s claims.
The amount of insurance payment is determined by the insurer based on the amount of claims of third parties or a court decision that has entered into legal force on compensation for damage caused, taking into account the provisions of paragraph 2 Article 8 of this Law.
Expenses incurred by the insured for the purpose of preventing or reducing losses shall be reimbursed by the insurer if such expenses were necessary or incurred to carry out the instructions of the insurer, even if the appropriate measures were unsuccessful.

Such expenses are reimbursed in actual amounts, however, so that the total amount of insurance payment and compensation for expenses does not exceed the insured amount provided for by the compulsory liability insurance agreement for private notaries, if the expenses arose as a result of the insured’s execution of the insurer’s instructions, they are reimbursed in full, regardless of the insured amount.

The amount of the deductible for each insured event is established by agreement of the parties, but should not exceed five percent of the insured amount established in the contract of compulsory liability insurance for private notaries.

In cases where the amount of damage caused exceeds the established deductible amount, insurance payment is made in full.

Article 19. Conditions and procedure for making insurance payments

The requirement for insurance payment to the insurer is made by the policyholder or a third party in writing, including through the insurer’s Internet resource in accordance with the regulatory legal act of the authorized body, with the attachment of documents necessary for making the insurance payment.

At the request of the insurer, the applicant is obliged to submit original documents to the insurer necessary for making insurance payment, with the exception of documents available in electronic form in databases and (or) information systems of government bodies to which the insurer has access.

The following must be attached to the application for insurance payment:

excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be brought into force ten calendar days after the day of its first official publication);
a claim from third parties for compensation for damage accompanied by documents confirming the damage caused and its amount, or a court decision that has entered into legal force on compensation for damage caused by the insured as a result of his performance of notarial acts;
a copy of the beneficiary’s identity card (for an individual) or a power of attorney issued to a representative of a legal entity;
documents confirming the costs associated with taking measures to prevent and reduce the amount of harm.

The insurer that accepted the documents is obliged to issue the applicant a certificate indicating the full list of documents submitted and the date of their acceptance.

If the policyholder (beneficiary) sends a claim for insurance payment in electronic form, the insurer can provide him with this certificate in electronic form.

When making an insurance payment, the insurer has no right to require the beneficiary to accept conditions limiting his right of claim against the insurer.
The beneficiary is a third party who has been harmed by a private notary as a result of his notarial acts, and in the event of the death (reorganization) of a third party - his heirs (successors).

The beneficiary may also be the policyholder or another person who compensated a third party (heirs (successors)) for the damage caused within the scope of the insurer's liability established by this Law, and received the right to reimbursement of their expenses from the insurer.

Insurance payment is made by the insurer no later than seven working days from the date of receipt of the documents provided for in paragraph 2 of this article.
In cases where the amount of the insurance payment is disputed by the parties to the compulsory liability insurance contract for private notaries or by third parties, the insurer is obliged to make the insurance payment in that part that is not disputed by any of these persons within the period established by paragraph 6 of this article.

The disputed part of the insurance payment must be paid by the insurer within three working days from the date of conclusion of the settlement agreement and its approval by the court or from the day the court decision on this dispute enters into legal force, if the court decision is not immediately enforced.

A claim for insurance payment for damage caused to the property interests of third parties during the period of validity of the compulsory liability insurance contract for private notaries may be presented to the insurer within three years from the date of the insured event.

Footnote. Article 19 as amended by the laws of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (for the order of enforcement see Art. 2); dated July 12, 2022 No. 138-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication). Note FROM! Article 19-1 is provided for as amended by the Law of the Republic of Kazakhstan dated January 16, 2026 No. 259-VIII (to be enforced from January 1, 2027).

Article 19-1. Peculiarities of dispute resolution regarding compulsory civil liability insurance of private notaries

If there is a dispute arising from a contract of compulsory liability insurance of private notaries, the policyholder (beneficiary) has the right to send to the insurer (including through a branch, representative office, Internet resources of the insurer) a written application indicating the requirements and attaching documents confirming his requirements, or send an application to the insurance ombudsman (directly to the insurance ombudsman, including through his Internet resource, or through the insurer, including through its branch, representative office, other separate structural unit, Internet resource) or to court to resolve disputes arising from the compulsory liability insurance agreement for private notaries, taking into account the features provided for by the Law of the Republic of Kazakhstan “On Insurance Activities”.
The insurer, upon receipt of an application from the policyholder (beneficiary), within five working days, considers and provides a written response indicating the further procedure for resolving the dispute.

3. If the policyholder (beneficiary) applies to the insurance ombudsman the insurer is obliged, at the request of the policyholder (beneficiary), the insurance ombudsman to submit documents related to the consideration and resolution of the dispute within three working days from the date of receipt of the request.

Footnote. Chapter 4 is supplemented by Article 19-1 in accordance with the Law of the Republic of Kazakhstan dated July 2, 2018 No. 166-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated July 12, 2022 No. 138-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Article 20. Right of recourse against the person who caused the harm

The insurer that has made the insurance payment has the right to claim back against the policyholder within the limits of the amount paid in the event of:

intentional actions of the policyholder aimed at the occurrence of an insured event or contributing to its occurrence;
commission by the insured of actions recognized in the manner established by the legislative acts of the Republic of Kazakhstan as intentional criminal or administrative offenses that are in a causal connection with the insured event;
an increase in the amount of damage as a result of the insured’s deliberate failure to take reasonable and accessible measures to reduce it;
communication by the insured to the insurer of knowingly false information about the object of insurance, the insured risk, the insured event and its consequences;
refusal by the policyholder of his right of claim against the person responsible for the occurrence of the insured event, as well as refusal to transfer to the insurer the documents necessary to transfer the right of claim.

The insurer who has made the insurance payment shall receive, within the limits of the amount paid, the right of recourse that the insured has against the person responsible for the losses compensated as a result of the insurance.

Footnote. Article 20 as amended by the Law of the Republic of Kazakhstan dated 07/03/2014 No. 227-V (enters into force from 01/01/2015).

Article 21. Grounds for exemption of the insurer from making insurance payments

The insurer has the right to fully or partially refuse insurance payment if the insured event occurred as a result of:

intentional actions of third parties aimed at causing an insured event or contributing to its occurrence;
actions of third parties recognized in the manner established by the legislative acts of the Republic of Kazakhstan as intentional criminal or administrative offenses that are causally related to the insured event;
the policyholder carries out activities that do not correspond to the functions and responsibilities of a notary, defined by the legislation of the Republic of Kazakhstan on notaries;
notarial actions performed by the insured in violation of the requirements of the legislation of the Republic of Kazakhstan on notaries relating to the territory of the notary’s activities.

The following may also be grounds for the insurer’s refusal to make an insurance payment:

receipt by the policyholder of appropriate compensation for the loss from the person responsible for causing the loss;
failure to notify or untimely notification of the insurer about the occurrence of an insured event, except for the cases established by this Law;
obstruction by the insured of the insurer in investigating the circumstances of the occurrence of the insured event and in establishing the amount of damage caused.

Failure to notify or untimely notification of the insurer about the occurrence of an insured event gives him the right to refuse insurance payment, unless it is proven that the insurer learned about the occurrence of the insured event in a timely manner or the insurer’s lack of information about this could not affect his obligation to make an insurance payment.
The insurer is exempt from making insurance payments if the insured event occurred as a result of:

exposure to a nuclear explosion, radiation or radioactive contamination;
military actions;
civil war, civil unrest of all kinds, mass riots or strikes.

Note FROM! Clause 5 is provided for in the wording of the Law of the Republic of Kazakhstan dated January 16, 2026 No. 259-VIII (to come into effect from January 1, 2027).

If there are grounds for refusal of insurance payment, the insurer is obliged, within seven working days from the date of receipt of the documents provided for in Article 19 of this Law, to send to the person who submitted the application for insurance payment an appropriate decision on full or partial refusal of insurance payment in writing with a reasoned justification of the reasons for the refusal and notification of the right of the policyholder (insured, beneficiary) to contact the insurance ombudsman to resolve disagreements, taking into account the specifics of the legislation of the Republic of Kazakhstan.
The insurer has no right to refuse insurance payment on grounds not provided for in this article.

Footnote. Article 21 as amended by the laws of the Republic of Kazakhstan dated 07/03/2014 No. 227-V (enters into force from 01/01/2015); dated 07/12/2022 No. 138-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Chapter 5. Final provisions

Article 22. Dispute resolution procedure

Disputes arising from the contract of compulsory liability insurance of private notaries are considered in the manner established by the legislation of the Republic of Kazakhstan.

Article 23. Liability for violation of the legislation of the Republic of Kazakhstan on compulsory insurance of civil liability of private notaries

Persons guilty of violating the legislation of the Republic of Kazakhstan on compulsory insurance of civil liability of private notaries are liable in accordance with the laws of the Republic of Kazakhstan.

President Republic of Kazakhstan