Legal Modernization of the Notarial System in the Kyrgyz Republic: Problems of Legislative Regulation and Directions for Reform

Abstract

The modernization of the notarial system is one of the priorities of the legal and digital policy in the Kyrgyz Republic. The adoption of the Law of the Kyrgyz Republic No. 54 "On Notariat" dated 9 March 2023 and the Resolution of the Cabinet of Ministers of the Kyrgyz Republic No. 733 dated 29 December 2023, the development of the Unified Information System of Notariat and the introduction of electronic and remote notarial procedures have had a significant impact on the institutional and technological environment of the notarial practice. However, despite the fact that the new legal acts consolidate the regulatory basis for introducing electronic documents, digital verification and interagency information exchange, they raise many questions at the same time: interaction between paper and electronic instruments, restriction of territorial jurisdiction, remote personal identification, protection of notarial secrecy, cybersecurity, professional autonomy, interoperability of public registers and equal access to notarial services. The adoption of the Digital Code of the Kyrgyz Republic in 2025 adds another level of regulation that needs further unification of notarial legislation. This article applies doctrinal, systemic, functional and limited comparative methods of legal analysis to study the current state of notarial modernization and identify the prospects for its development. Descriptive administrative indicators from the E-Notariat and the national digital-government ecosystem are used to contextualize the legal analysis, while Estonia is used as a focused benchmark for mature remote authentication, digital identity and register interoperability. It is concluded that the further modernization of notarization in the Kyrgyz Republic requires moving from the digitization of the existing forms and procedures to the development of an integrated concept of digital notariat, in which the electronic record-keeping and information exchange systems would be designed to ensure the legality of electronic instruments, their interoperability in various platforms, the application of a risk-based approach to remote notarial acts, information security and protection of professional expertise and citizen access to notarial services. The suggested model of notarial modernization seeks to balance the functional role of notarial activities in the prevention and recording of legal relations with the needs of digital legal protection in the modern environment.