International treaties abolishing the requirement of consular legalization
Republic of Kazakhstan is a party to the Convention abolishing the requirement of legalization for foreign public documents (Hague Convention, 1961).
In accordance with the Hague Convention the documents executed by competent authorities of one state and intended for use in another state shall bear special stamp (apostille). According to the Article 5 of the Convention, apostille authenticates the signature, capacity in which the person signing the document acts, and where appropriate, the authenticity of the seal or stamp that the document bears.
Signature, seal and stamp made by competent bodies on apostille do not require further certification or legalization, and the document with apostille can be used in any of the countries - members to the Hague Convention.
In accordance with the Resolution of the Government of the Republic of Kazakhstan N 545 dated April 24, 2001 the following state bodies are assigned the authority to do apostille:
- Ministry of Justice of the Republic of Kazakhstan
- Ministry of Education and Science of the Republic of Kazakhstan
- Ministry of Internal Affairs of the Republic of Kazakhstan
- Committee for Information and Archives of the Ministry of Culture and Information of the Republic of Kazakhstan
- Committee on Court Administration at the Supreme Court of the Republic of Kazakhstan
- Ministry of Finance of the Republic of Kazakhstan
- General Prosecutor’s Office of the Republic of Kazakhstan Ministry of Defense of the Republic of Kazakhstan
- National Security Committee of the Republic of Kazakhstan
Rules of consular legalization
Consular legalization (hereinafter the legalization) means verification of documents compliance with the current legislation of the hosting state and represents the establishment and authentication of official's signature and seal on such documents to use them in another state. This procedure is governed by the Rules of consular legalization approved by the Decree of the Minister of Foreign Affairs of the Republic of Kazakhstan N 264 dated November 21, 2000.
Abroad legalization functions are performed by foreign establishments of the Republic of Kazakhstan.
On the territory of the Republic of Kazakhstan by the Consular Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter the Department).
Department legalizes documents and acts coming from foreign organizations and institutions, if they are preliminary legalized in a foreign establishment of a foreign state originating the documents, as well as the documents and acts coming from organizations and institutions of the Republic of Kazakhstan and intended for presentation abroad.
State bodies of the Republic of Kazakhstan consider documents and acts coming from organizations and agencies of a foreign state only provided their legalization, unless otherwise stipulated by the laws of the Republic of Kazakhstan or an international treaty the members of which include the Republic of Kazakhstan and the state of the organization and institutions that originate the documents and acts.
Such international acts include: "Convention on legal assistance and legal relations in civil, family and criminal cases" dated January 22, 1993 (Minsk) and "Convention on legal assistance and legal relations in civil, family and criminal cases" dated October 7, 2002 (Kishinev), and other international bilateral agreements.
In accordance with the Article 13 of Minsk Convention and the Article 12 of Kishinev Convention, documents issued or certified on the territory of one contracting party by its competent authority or specially authorized person within their competence and in the prescribed form, and sealed with the official seal, shall be accepted on the territories of all other contracting parties without any special certification.
Requirements for documents subject to legalization
Documents are accepted for legalization in the original form, as well as in the form of notarized copies. If legalization in a foreign diplomatic mission or foreign office is conditioned upon document translation from the state or Russian language into a foreign language, the legalization of notarized document in the Department can be accomplished along with its translation.
Notarization of documents, or act by a consul shall be equal to its legalization.
Documents should also contain mandatory details (number, date, signature, stamp), committed without erasures or additions, without crossed out words or other unspecified corrections, they should not be executed in pencil.
Text of the document should be clear and transparent, and signatures of officials and seal contained on the documents shall be distinct. All pages of a document that exceeds one page must be bound, numbered and sealed.