Why is legalization of documents in legal processes of paramount importance?

According to the Order of the Minister of Foreign Affairs of the Republic of Kazakhstan, dated December 6, 2017 № 11-1-2/576. "On Approval of the Rules of Legalization of Documents," legalization of documents is the establishment and certification of the authenticity of the official's signature and seal on documents in order to use them in another state.

In Kazakhstan, this procedure is regulated by order of the Minister of Foreign Affairs of the Republic of Kazakhstan dated December 6, 2017, "On Approval of the Rules for Legalization of Documents" (hereinafter - the Rules).

The process of legalization of documents issued in the territory of Kazakhstan is carried out by the Department of Consular Service of the Ministry of Foreign Affairs of the Republic of Kazakhstan by submitting an application with a certain list of documents within 3 working days. If there is a need for additional examination of documents, this process may take up to 30 calendar days.

Legalization of documents has a significant role in legal processes for the following reasons:

1) Legal effect

As was mentioned above, the legalization of a document is the process of giving it legal effect and recognition in another state. In other words, a document that has legal force in one country will not be recognized in another jurisdiction without legalization.

2) Credibility

Legalization is a confirmation that documents are forged and authentic, thereby providing security and preventing the use of false documents. For example, the legalization of documents on registration of a legal entity certifies that such a legal entity is a legal entity under the laws of a foreign country.

3) Facilitating international transactions

In the context of globalization, the legalization of documents is crucial for international transactions. Many countries require the legalization of documents for purposes such as immigration, employment, education, and business. For example, the registration of a legal entity by a foreign person in the territory of the Republic of Kazakhstan requires such a foreign person to provide documents that have undergone certain expertise (legalization), which ensures the recognition of documents, thereby facilitating international cooperation and exchange.

List of documents subject to legalization:

1) Official documents emanating from justice and other state bodies, as well as notaries:

• Passport;
• Certificate on registration of a legal entity;
• Certificate from state archives;
• Official documents of state bodies.

The above list is not exhaustive.

Legalization is not subject to:

• documents without the signature and seal of the authorized person;
• notarized copies and translations of documents if the original document does not bear the signature and seal of the authorized person;
• electronic documents;
• original identity documents, except for birth certificates. 

Procedure for Legalization of documents in the territory of the Republic of Kazakhstan

To legalize documents, a person submits an application to the appropriate authority. In accordance with the Rules, the Department of Consular Service of the Ministry of Foreign Affairs of the Republic of Kazakhstan is in charge of this procedure within the Republic of Kazakhstan and outside the Republic of Kazakhstan foreign agencies (embassy or consulates) of the Republic of Kazakhstan. Together with the application, the applicant shall enclose other necessary documents prescribed by the Rules.

Both original documents and notarized copies are accepted for legalization. If necessary, it is possible to legalize a copy of the document, but before legalization, it is necessary to make a notarization. Documents certified by notaries of the Republic of Kazakhstan and intended for use abroad shall comply with the requirements set forth in Chapter 10 of the Rules of Notarial Proceedings approved by Order of the Minister of Justice of the Republic of Kazakhstan No. 32 dated January 31, 2012.

Documents issued by foreign organizations and institutions shall be translated into the state or Russian language and certified by a translator or an organization providing translation services.

A simplified procedure for the legalization of documents is - Apostille. However, apostille has a legal force only among the countries that are parties to the Hague Convention of October 5, 1961. In Kazakhstan, the process of apostilization of documents consists of one step, and the service can be obtained in the State Corporation "Government for Citizens." An apostilled document in Kazakhstan bears a standard quadrangular stamp with the seal of the authorized state body in the state, English, and French languages.

The following problems may arise when legalizing documents:

1. Non-compliance with requirements: Documents may not meet the requirements for execution, translation, or notarization, which may complicate the legalization (apostilization) process.
2. Errors in execution: Incorrectly filled out forms or lack of required signatures and seals may result in denial of legalization.
3. Lack of necessary translations: Documents issued abroad shall be translated into the state or Russian language and certified by a translator. Errors in translation or lack of attestation may cause refusal.
4. Improper attestation: Documents attested by unauthorized persons or attested improperly may be invalidated.
5. Delays in the process: Legalization may take longer than expected, especially if additional verification or correction of errors is required.

Grounds for refusal to legalize documents:

1. Establishment of the unreliability of the documents submitted by the applicant for legalization and (or) data (information) contained therein
2. Non-compliance with the application and (or) submitted materials, objects, data, and information necessary for rendering the legalization service.
3. Lack of consent of the applicant.

Use of online resources and state platforms

The Rules will help you successfully complete the legalization procedure.    

Consultation with legal experts

Legal experts provide valuable assistance with document attestation in various countries. They can help you understand the legal implications and ensure that your documents comply with all current regulations, providing assurance that your documentation will be accepted and recognized as valid internationally.

Esplora Legal's experts understand the complexity and challenges inherent in the document legalization process. With extensive experience in providing international legal solutions, our team is ready to assist you with all aspects of legalization.

Conclusion

The process of document legalization plays a key role in ensuring that documents are recognized and legally valid abroad. This procedure ensures that documents are authenticated and meet the requirements of another jurisdiction, which is essential for successful study, work, or business abroad.

However, as shown, the legalization process can be fraught with various problems, such as non-compliance with requirements, drafting errors, or improper attestation. To minimize such risks, it is important to use professional attestation services, consult with legal experts, and actively use online resources and government platforms for up-to-date information.

Esplora Legal understands the complexities involved in the document legalization process and offers qualified assistance to ensure that all necessary procedures are completed correctly and in a timely manner. Our team is ready to provide comprehensive solutions to ensure that your legalization process runs smoothly and efficiently, providing you with confidence and readiness for successful international cooperation.

We strive to make the legalization process as simple and straightforward as possible for our clients, ensuring that your documents will be recognized and accepted in any jurisdiction. Contact us for professional assistance and to ensure the successful legalization of your documents.