Fundamentals of the legislation of the Russian Federation on notaries
dated February 11, 1993 N 4462-I
Section I
Organizational basis of notary activity
Chapter 1. General provisions
Article 1. Notary in the Russian Federation
The notary in the Russian Federation is called upon to ensure, in accordance with the Constitution of the Russian Federation, the Constitutions of the republics within the Russian Federation, these Fundamentals, the protection of the rights and legitimate interests of citizens and legal entities through the performance by notaries of notarial acts provided for by legislative acts on behalf of the Russian Federation.
Notarial acts in the Russian Federation are performed in accordance with these Fundamentals by notaries working in a state notary office or engaged in private practice.
The register of state notary offices and notary offices engaged in private practice is maintained by the federal executive body exercising control functions in the field of notaries.
In the absence of a notary in the locality, notarial actions are performed by officials of executive authorities authorized to perform these actions.
Notarial actions on behalf of the Russian Federation on the territory of other states are performed by officials of consular offices of the Russian Federation authorized to perform these actions.
Notarial activity is not a business and does not pursue the goal of making a profit.
Article 2. Notary in the Russian Federation
A citizen of the Russian Federation who has a higher legal education, has completed an internship for a period of at least one year in a state notary office or with a notary engaged in private practice, has passed a qualification exam, has a license for law, is appointed to the position of a notary in the Russian Federation in the manner established by these Fundamentals. notarial activities.
The internship period for persons with at least three years of legal experience may be reduced in accordance with the procedure determined by the Ministry of Justice of the Russian Federation jointly with the Federal Notary Chamber. The duration of the internship cannot be less than six months. The procedure for completing an internship is determined by the Ministry of Justice of the Russian Federation together with the Federal Notary Chamber.
(edited) Federal Law dated June 29, 2004 N 58-FZ)
When performing notarial acts, notaries have equal rights and bear the same responsibilities, regardless of whether they work in a state notary office or are engaged in private practice. Documents drawn up by notaries have the same legal force.
By Resolution of the Constitutional Court of the Russian Federation dated May 19, 1998 N 15-P, part four of Article 2 was recognized as not contradicting the Constitution of the Russian Federation.
A notary engaged in private practice must be a member of the notary chamber.
Article 3. License for the right of notarial activity
A citizen of the Russian Federation who has received a license for the right to do this activity has the right to engage in notarial activities in accordance with these Fundamentals. This requirement does not apply to officials specified in parts four and five of Article 1 of these Fundamentals.
A license for the right of notarial activity (hereinafter referred to as the license) is issued by authorized bodies of justice of the republics of the Russian Federation, autonomous region, autonomous okrugs, territories, regions, cities of Moscow and St. Petersburg within a month after passing the qualification exam based on the decision of the qualification commission .
The procedure for issuing a license is established by the Ministry of Justice of the Russian Federation. A refusal to issue a license can be appealed to a court within a month from the date of receipt of the decision of the justice authority.
A citizen who has received a license, but has not started working as a notary within three years, is admitted to the position of a notary only after re-passing the qualification exam. A notary's assistant does not take the repeated exam.
Article 4. Qualification and appeal commissions
The Qualification Commission takes an exam for persons who have completed an internship and wish to engage in notarial activities.
The qualification commission is formed under the justice authorities of the republics of the Russian Federation, autonomous region, autonomous okrugs, territories, regions, cities of Moscow and St. Petersburg with the participation of representatives of the notary chamber. Representatives of the Ministry of Justice of the Russian Federation and the federal executive body exercising control functions in the field of notaries can take part in the work of any qualification commission.
(as amended by Federal Law dated June 29, 2004 N 58-FZ)
The decision of the qualification commission can be appealed within a month from the date of delivery of its copy to the interested person to the appeal commission.
The Appeal Commission is formed under the Ministry of Justice of the Russian Federation together with the Federal Notary Chamber on a parity basis.
When considering complaints, the appeal commission collects from the qualification commission all necessary materials. The decision of the appeal commission can be appealed to the court within a month from the date of its adoption.
The regulations on the qualification and appeal commissions are approved by the Ministry of Justice of the Russian Federation jointly with the Federal Notary Chamber.
Persons who fail the qualification exam are allowed to retake it no earlier than one year after the decision of the qualification commission is made.
The legislation of the republics within the Russian Federation may establish other deadlines for retaking the qualification exam.
Article 5. Guarantees of notarial activities
The notary is impartial and independent in his activities and is guided by the Constitution of the Russian Federation, the Constitutions of the republics within the Russian Federation, these Fundamentals, legislative acts of the Russian Federation and republics within the Russian Federation, as well as legal acts of bodies state power autonomous region, autonomous okrugs, territories, regions, cities of Moscow and St. Petersburg, adopted within their competence, as well as international treaties.
A notary in the performance of official duties, as well as persons working in a notary office, are prohibited from disclosing information or documents that have become known to them in connection with the performance of notarial acts, including after resignation or dismissal, except in cases provided for by these Fundamentals .
Information (documents) about notarial acts performed may be issued only to persons in whose name or on whose behalf these acts were performed.
Certificates of notarial acts performed are issued at the request of the court, prosecutor's office, investigative bodies in connection with criminal or civil cases pending in their proceedings, as well as at the request of the arbitration court in connection with disputes being resolved by it. Certificates on the value of property becoming the property of citizens are submitted to the tax authority in the cases provided for in Article 16 of these Fundamentals. Certificates of will are issued only after the death of the testator.
Article 6. Restrictions on the activities of a notary
The notary has no right:
engage in independent entrepreneurial activities and no other activities except notarial, scientific and teaching;
provide intermediary services when concluding contracts.
Article 7. State notary offices
In the republics of the Russian Federation, the autonomous region, autonomous okrugs, territories, regions, the cities of Moscow and St. Petersburg, state notary offices are opened and abolished by the Ministry of Justice of the Russian Federation or, on its instructions, by the ministries of justice of the republics of the Russian Federation, the justice authorities of the autonomous region, autonomous okrugs, territories, regions, cities of Moscow and St. Petersburg.
Article 8. Notary engaged in private practice
A notary engaged in private practice has the right to have an office, open current and other accounts in any bank, including foreign currency, have property and personal non-property rights and obligations, hire and fire employees, dispose of received income, act in court, arbitration court on his own behalf. name and perform other actions in accordance with the legislation of the Russian Federation and the republics within the Russian Federation.
The notary uses the services of the state social security system, medical and social insurance in the manner established by the legislation of the Russian Federation.
Article 9. Notarial office work
Notarial paperwork is carried out by notaries in accordance with the rules approved by the Ministry of Justice of the Russian Federation together with the Federal Notary Chamber.
Control over the implementation of the rules of notarial office work by notaries working in state notary offices is carried out by the justice authorities of the republics of the Russian Federation, autonomous region, autonomous districts, territories, regions, cities of Moscow and St. Petersburg, and in relation to notaries engaged in private practice - in the manner determined by the Ministry of Justice of the Russian Federation jointly with the Federal Notary Chamber.
(as amended by Federal Law dated June 29, 2004 N 58-FZ)
Article 10. Language of notarial office work
Notarial paperwork is conducted in the language provided for by the legislation of the Russian Federation, the republics within the Russian Federation, the autonomous region and autonomous districts. If the person applying for a notarial act does not speak the language in which notarial paperwork is conducted, the texts of the executed documents must be translated by a notary or translator.
Article 11. Personal seal, stamps and forms of a notary
The notary has a personal seal with the image State emblem Russian Federation, indicating the surname, initials, position of the notary and his location or the name of the state notary office, stamps of certification inscriptions, personal forms or forms of the state notary office.
Chapter II. ORDER OF ESTABLISHMENT AND LIQUIDATION
NOTARY POSITIONS
Article 12. Procedure for establishing and liquidating the position of a notary. Empowering a notary and terminating his powers
By Resolution of the Constitutional Court of the Russian Federation dated May 19, 1998 N 15-P, parts one and two of Article 12 were recognized as not contradicting the Constitution of the Russian Federation.
The position of a notary is established and liquidated in the manner determined by the Ministry of Justice of the Russian Federation jointly with the Federal Notary Chamber.
(as amended by Federal Law dated June 29, 2004 N 58-FZ)
The number of notary positions in a notarial district is determined in the manner determined by the Ministry of Justice of the Russian Federation jointly with the Federal Notary Chamber.
(as amended by Federal Law dated June 29, 2004 N 58-FZ)
A notary is vested with powers on the basis of a recommendation from the notary chamber by the Ministry of Justice of the Russian Federation or, on its instructions, by a judicial authority on a competitive basis from among persons holding licenses. The procedure for holding the competition is determined by the Ministry of Justice of the Russian Federation together with the Federal Notary Chamber.
The dismissal of a notary working in a state notary office is carried out in accordance with the labor legislation of the Russian Federation and the republics within the Russian Federation.
A notary engaged in private practice resigns his powers at will or is relieved of his powers on the basis of a court decision depriving him of the right to notarial activity in the following cases:
1) his conviction for committing an intentional crime - after the verdict enters into legal force;
2) restrictions on legal capacity or recognition as incompetent in the manner prescribed by law;
By Resolution of the Constitutional Court of the Russian Federation dated May 19, 1998 N 15-P, paragraph 3 of part five of Article 12 was recognized as not contradicting the Constitution of the Russian Federation.
3) at the request of the notary chamber for repeated commission of disciplinary offenses, violation of the law, as well as in case of inability to perform professional duties due to health reasons (if there is a medical certificate) and in other cases provided for by the legislative acts of the Russian Federation.
The procedure for transferring documents stored by a notary whose powers are terminated to another notary is determined by the Ministry of Justice of the Russian Federation together with the Federal Chamber of Notaries.
(Part six as amended by Federal Law dated June 29, 2004 N 58-FZ)
Article 13. Notarial district (territory of activity of a notary)
The notarial district (territory of activity of a notary) is established in accordance with the administrative-territorial division of the Russian Federation. In cities that have a district or other administrative division, the notarial district is the entire territory of the corresponding city.
A notary must have a place to perform notarial acts within the notarial district to which he is appointed to the position.
The territory of activity of a notary may be changed in the manner determined by the Ministry of Justice of the Russian Federation jointly with the Federal Notary Chamber.
(as amended by Federal Law dated June 29, 2004 N 58-FZ)
Every citizen has the right to contact any notary to perform a notarial act, except for the cases provided for in Article 40 of these Fundamentals.
The performance of a notarial act by a notary outside his notarial district does not entail the invalidity of this act.
A notary has the right to travel to another notarial district to certify a will in the event of a serious illness of the testator and the notary is not present in the notarial district at that time.
Article 14. Oath of a notary
A notary appointed to the position for the first time takes the following oath:
“I solemnly swear that I will perform the duties of a notary in accordance with the law and conscience, maintain professional secrecy, and be guided in my behavior by the principles of humanity and respect for people.”
The legislation of the republics within the Russian Federation may provide for a different text of the notary’s oath.
Federal Law dated July 28, 2004 N 88-FZ Federal Law dated August 7, 2001 N 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism” is supplemented by Article 7.1, which establishes the rights and obligations of notaries in cases where they prepare or carry out transactions with funds or other property on behalf of or on behalf of their client.
Chapter III. RIGHTS, DUTIES AND RESPONSIBILITIES OF A NOTARY
Article 15. Rights of a notary
The notary has the right:
perform the notarial acts provided for by these Fundamentals in the interests of individuals and legal entities who apply to him, with the exception of cases where the place of performance of the notarial act is determined by the legislation of the Russian Federation or international treaties;
draw up draft transactions, statements and other documents, make copies of documents and extracts from them, as well as provide explanations on issues of performing notarial acts;
request from individuals and legal entities information and documents necessary to perform notarial acts.
The legislation of the republics within the Russian Federation may grant a notary other rights.
Article 16. Responsibilities of a notary
A notary is obliged to provide assistance to individuals and legal entities in the exercise of their rights and protection of legitimate interests, to explain to them their rights and obligations, to warn them about the consequences of notarial actions performed, so that legal ignorance cannot be used to their detriment.
The notary performs his duties in accordance with these Fundamentals, the legislation of the republics within the Russian Federation and the oath. The notary is obliged to keep secret information that has become known to him in connection with the implementation of his professional activity. The court may release the notary from the obligation to maintain secrecy if a criminal case has been initiated against the notary in connection with the commission of a notarial act.
The notary is obliged to refuse to perform a notarial act if it does not comply with the legislation of the Russian Federation or international treaties.
Part four is no longer valid. - Federal Law of July 1, 2005 N 78-FZ.
Article 17. Responsibility of a notary
A notary engaged in private practice who deliberately disclosed information about a notarial act performed or performed a notarial act that is contrary to the legislation of the Russian Federation is obliged, by a court decision, to compensate for the damage caused as a result. In other cases, the damage is compensated by the notary if it cannot be compensated otherwise.
By Resolution of the Constitutional Court of the Russian Federation dated May 19, 1998 N 15-P, part two of Article 17 was recognized as not contradicting the Constitution of the Russian Federation.
If a notary engaged in private practice commits actions that are contrary to the legislation of the Russian Federation, his activities may be terminated by the court on the proposal of officials or bodies specified in Chapter VII of these Fundamentals.
A notary working in a state notary office, in the event of committing actions contrary to the legislation of the Russian Federation, bears responsibility in the manner prescribed by law.
In case of failure to submit or untimely submission to the tax authority of the information provided for in part four of Article 16 of these Fundamentals, the notary may be involved in judicial procedure to liability in accordance with the legislation of the Russian Federation.
Article 18. Insurance of the activities of a notary engaged in private practice
A notary engaged in private practice is required to enter into an insurance contract for his activities. The notary has no right to perform his duties without concluding an insurance contract.
The insured amount cannot be less than 100 times the minimum monthly wage established by law.
Chapter IV. POSITIONS OF INTERN AND ASSISTANT NOTARY.
PROCEDURE FOR FILLING THE POSITION OF NOTARY,
IN PRIVATE PRACTICE
Article 19. Appointment to the positions of trainee and assistant notary in a state notary office
Appointment to the positions of trainee and assistant notary in a state notary office is carried out in the manner determined by the Ministry of Justice of the Russian Federation jointly with the Federal Chamber of Notaries.
(as amended by Federal Law dated June 29, 2004 N 58-FZ)
A notary trainee can be a person who has a higher legal education, and a notary assistant can be someone who has a license for notarial activities.
The rights and responsibilities of the trainee and notary assistant are determined by the employment contract.
Article 20. Empowerment of a person replacing a notary engaged in private practice
A person replacing a temporarily absent notary is vested with the powers of a notary by the judicial authority together with the notary chamber at the proposal of a notary from among the persons who meet the requirements of Article 2 of these Fundamentals to perform his duties for the period of temporary absence. The conferment of powers can be carried out in advance by determining the grounds for the notary’s impossibility of performing official duties (vacation, illness, etc. good reasons) that may arise during the calendar year.
The granting of powers to a person replacing a temporarily absent notary is made on the basis of an agreement concluded between the notary and the person wishing to perform the duties of a notary.
The powers of a person replacing a temporarily absent notary arise after he is vested with the right to perform notarial acts and directly perform the official duties of a notary and ends at the moment of their delivery to the notary.
If a notary is absent for more than a week, he is obliged to notify the relevant notary chamber about this.
The notary has no right to execute his job responsibilities during the period of their execution by the person temporarily replacing him.
Article 21. Remuneration and responsibility of a person replacing a notary engaged in private practice
For the performance of the duties of a notary, the person temporarily replacing him receives a monetary reward stipulated by the agreement.
Responsibility for damage caused by the actions of a person replacing a temporarily absent notary shall be borne by the notary. In this case, the notary has the right to bring a recourse claim to the person performing his duties in the amount of damage caused.
Chapter V. FINANCIAL SUPPORT FOR THE ACTIVITIES OF NOTARIES
Article 22. Payment for notarial acts and other services provided by notaries
(as amended by Federal Law dated November 2, 2004 N 127-FZ)
For the performance of notarial acts for which the legislation of the Russian Federation provides for a mandatory notarial form, a notary working in a state notary office collects a state fee at the rates established by the legislation of the Russian Federation on taxes and fees.
For performing the actions specified in part one of this article, a notary engaged in private practice collects a notarial fee in an amount corresponding to the amount of the state duty provided for performing similar actions in a state notary office and taking into account the specifics established by the legislation of the Russian Federation on taxes and fees .
For the performance of actions for which the legislation of the Russian Federation does not provide for a mandatory notarial form, a notary working in a state notary office, as well as a notary engaged in private practice, collect notarial fees in the amount established in accordance with the requirements of Article 22.1 of these Fundamentals.
Benefits for paying state fees for individuals and legal entities, provided for by the legislation of the Russian Federation on taxes and fees, apply to these persons when performing notarial acts both by a notary working in a state notary office and by a notary engaged in private practice.
When a notary travels to perform a notarial act outside his place of work, interested individuals and legal entities reimburse him for actual travel expenses.
Article 22.1. Notary fees
(introduced by Federal Law dated November 2, 2004 N 127-FZ)
1. The notarial fee for performing the actions specified in this article, for which the legislation of the Russian Federation does not provide for a mandatory notarial form, is charged in the following amounts:
1) for certification of contracts the subject of which is the alienation of real estate (land plots, residential buildings, apartments, dachas, structures and other real estate):
children, including adopted children, spouse, parents, full brothers and sisters - 0.3 percent of the contract amount, but not less than 300 rubles;
to other persons depending on the amount of the contract:
up to 1,000,000 rubles - 1 percent of the contract amount, but not less than 300 rubles;
from 1,000,001 rubles to 10,000,000 rubles inclusive - 10,000 rubles plus 0.75 percent of the contract amount exceeding 1,000,000 rubles;
over 10,000,000 rubles - 77,500 rubles plus 0.5 percent of the contract amount exceeding 10,000,000 rubles;
2) for certification of donation agreements, with the exception of real estate donation agreements:
children, including adopted children, spouse, parents, full brothers and sisters - 0.3 percent of the contract amount, but not less than 200 rubles;
other persons - 1 percent of the contract amount, but not less than 300 rubles;
3) for certification of financial lease agreements (leasing) of aircraft, river and sea vessels - 0.5 percent of the agreement amount;
4) for certification of other contracts, the subject of which is subject to assessment - depending on the amount of the contract:
up to 1,000,000 rubles - 0.5 percent of the contract amount, but not less than 300 rubles;
from 1,000,001 rubles to 10,000,000 rubles inclusive - 5,000 rubles plus 0.3 percent of the contract amount exceeding 1,000,000 rubles;
over 10,000,000 rubles - 32,000 rubles plus 0.15 percent of the contract amount exceeding 10,000,000 rubles;
5) for certification of transactions the subject of which is not subject to assessment - 500 rubles;
6) for certification of powers of attorney, the notarized form of which is not required in accordance with the legislation of the Russian Federation - 200 rubles;
7) for certifying the authenticity of protocols of management bodies of organizations - 2,000 rubles for the first day of the notary’s presence at a meeting of the relevant body and 1,000 rubles for each subsequent day;
8) for accepting sums of money or securities on deposit - 0.5 percent of the accepted sum of money or the market value of securities, but not less than 20 rubles;
9) for attesting to the accuracy of copies of documents, as well as extracts from documents - 10 rubles per page of a copy of documents or extracts from them;
10) for certifying the authenticity of a signature:
on applications and other documents (except for bank cards and applications for registration of legal entities) - 100 rubles;
on bank cards and on applications for registration of a legal entity (from each person, on each document) - 200 rubles;
11) for issuing a certificate of ownership of a share in property owned jointly by spouses acquired during marriage, including for issuing a certificate of ownership in the event of the death of one of the spouses - 200 rubles;
12) for storing documents - 20 rubles for each day of storage;
13) for performing other notarial acts - 100 rubles.
2. For notarial acts performed outside the premises of a notary’s office, executive authorities and local government bodies, the notarial fee is charged in an amount increased by one and a half times.
Article 23. Financing of notarial activities
The source of financing for the activities of a notary engaged in private practice is cash received by him for performing notarial acts and providing legal and technical services, other financial receipts that do not contradict the legislation of the Russian Federation.
Funds received by a notary engaged in private practice, after paying taxes and other obligatory payments, become the property of the notary.
A notary engaged in private practice has the right to open current and other accounts, including foreign currency, in any bank.
Funds held in deposit accounts are not the income of a notary engaged in private practice.
Part five is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.
Chapter VI. NOTARY CHAMBER.
FEDERAL NOTARY CHAMBER
Article 24. Chamber of Notaries
By Resolution of the Constitutional Court of the Russian Federation dated May 19, 1998 N 15-P, part one of Article 24 was recognized as not contradicting the Constitution of the Russian Federation.
The Chamber of Notaries is non-profit organization, which is a professional association based on compulsory membership of notaries engaged in private practice.
Members of the notary chamber may also be persons who have received or wish to obtain a license for the right to notarial activity.
Notary chambers are formed in each republic within the Russian Federation, autonomous region, autonomous district, region, region, the cities of Moscow and St. Petersburg.
The Chamber of Notaries is a legal entity and organizes its work on the principles of self-government. The activities of the notary chamber are carried out in accordance with the legislation of the Russian Federation, the republics within the Russian Federation and its charter.
The notary chamber can carry out entrepreneurial activity insofar as it is necessary to fulfill its statutory tasks.
The property of the notary chamber is not subject to corporate property tax.
The charter of the notary chamber is adopted by a meeting of members of the notary chamber and registered in the manner established for the registration of charters of public associations.
Article 25. Powers of the notary chamber
The powers of the notary chamber are determined by these Fundamentals, as well as its charter.
The Chamber of Notaries represents and protects the interests of notaries, provides them with assistance and assistance in the development of private notarial activities; organizes internships for persons applying for the position of notary and improves the professional training of notaries; reimburses the costs of examinations ordered by the court in cases related to the activities of notaries; organizes insurance for notarial activities.
The legislation of the republics within the Russian Federation may provide for additional powers of the notary chamber.
Article 26. Bodies of the notary chamber
The highest body of the notary chamber is the meeting of members of the notary chamber. When voting, members of the notary chamber who are notaries engaged in private practice have the right of a casting vote, and assistants and notary trainees have the right of an advisory vote.
The notary chamber is led by the board and the president of the notary chamber elected by the meeting of members of the notary chamber. The powers of the meeting of members of the notarial chamber, the board of the notarial chamber and the president of the notarial chamber are regulated by the charter of the notarial chamber.
Article 27. Membership fees and other payments of members of the notary chamber
The amount of membership fees and other payments of members of the notary chamber necessary to perform its functions is determined by the meeting of members of the notary chamber.
Article 28. Obligation of notaries to provide information to the notary chamber
The notary chamber may demand from a notary (a person replacing a temporarily absent notary) the provision of information about completed notarial actions, other documents relating to his financial and economic activities, and, if necessary, personal explanations in the notary chamber, including on issues of non-compliance with requirements professional ethics.
The Chamber of Notaries has the right to transfer the received information to institutions that insure the activities of a notary.
Officials of the notary chamber are obliged to maintain the secrecy of notarial acts. For disclosure of secrets and causing damage to a notary engaged in private practice, the perpetrators are liable in accordance with the legislation of the Russian Federation.
Article 29. Federal Chamber of Notaries
The Federal Notary Chamber is a non-profit organization, which is a professional association of notary chambers of the republics within the Russian Federation, autonomous region, autonomous okrugs, territories, regions, cities of Moscow and St. Petersburg, based on their mandatory membership.
The Federal Notary Chamber is a legal entity and organizes its activities on the principles of self-government. The activities of the Federal Notary Chamber are carried out in accordance with the legislation of the Russian Federation and the charter.
The Federal Chamber of Notaries may carry out entrepreneurial activities insofar as this is necessary to fulfill its statutory tasks.
The property of the Federal Notary Chamber is not subject to corporate property tax.
The charter of the Federal Notary Chamber is adopted by a meeting of representatives of notary chambers and registered in the manner established for the registration of charters of public associations.
Article 30. Powers of the Federal Notary Chamber
The powers of the Federal Notary Chamber are determined by these Fundamentals, as well as its charter.
Federal Notary Chamber:
coordinates the activities of notary chambers;
represents the interests of notary chambers in government and administrative bodies, enterprises, institutions, organizations;
ensures the protection of social and professional rights of notaries engaged in private practice;
participates in the examination of draft laws of the Russian Federation on issues related to notarial activities;
provides advanced training for notaries, trainees and notary assistants;
organizes insurance for notarial activities;
represents the interests of notary chambers in international organizations.
Article 31. Bodies of the Federal Notary Chamber
The highest body of the Federal Notary Chamber is the meeting of representatives of notary chambers. The Federal Notary Chamber is led by the board and the president of the Federal Notary Chamber, elected by secret ballot at a meeting of representatives of notary chambers. The powers of the meeting of representatives of notarial chambers, the board of the Federal Notarial Chamber, and the president of the Federal Notarial Chamber are regulated by the charter of the Federal Notarial Chamber.
Article 32. Contributions and other payments of members of the Federal Notary Chamber
The amount of fees and other payments of members of the Federal Notary Chamber necessary to perform its functions is determined by the meeting of representatives of notary chambers.
Chapter VII. CONTROL OF THE ACTIVITIES OF NOTARIES
Article 33. Judicial control over the performance of notarial acts
Refusal to perform a notarial act or incorrect performance of a notarial act is appealed in court.
Article 34. Control over execution by notaries professional responsibilities
By Resolution of the Constitutional Court of the Russian Federation dated May 19, 1998 N 15-P, part one of Article 34 was recognized as not contradicting the Constitution of the Russian Federation.
Control over the performance of professional duties by notaries working in state notary offices is carried out by the federal executive body exercising control functions in the field of notaries and its territorial bodies, and by notaries engaged in private practice - by notary chambers. Monitoring compliance with tax legislation is carried out by tax authorities in the manner and within the time limits provided for by the legislation of the Russian Federation.
(as amended by Federal Law dated June 29, 2004 N 58-FZ)
An audit of the organization of a notary's work is carried out once every four years. The first check of the organization of work of a notary who first began to carry out notarial activities in a republic within the Russian Federation, an autonomous region, an autonomous district, a territory, a region, the cities of Moscow and St. Petersburg, must be carried out one year after vesting him with the powers of a notary.
Notaries are required to provide officials authorized to conduct inspections with information and documents relating to settlements with individuals and legal entities.
The legislation of the republics within the Russian Federation may provide for other deadlines for conducting inspections of the organization of a notary’s work.
Section II. NOTARIAL ACTIONS AND RULES FOR THEIR PERFORMANCE
Chapter VIII. NOTARIAL ACTIONS PERFORMED
NOTARIES AND AUTHORIZED OFFICERS
Article 35. Notarial acts performed by notaries engaged in private practice
Notaries engaged in private practice perform the following notarial actions:
1) certify transactions;
2) issue certificates of ownership of a share in the common property of the spouses;
3) impose and lift prohibitions on the alienation of property;
5) testify to the authenticity of the signature on the documents;
6) demonstrate the accuracy of the translation of documents from one language to another;
7) certify the fact that the citizen is alive;
8) certify the fact that a citizen is in a certain place;
9) certify the identity of the citizen with the person depicted in the photograph;
10) certify the time of presentation of documents;
11) transfer applications of individuals and legal entities to other individuals and legal entities;
On the refusal to accept for consideration a request to verify the constitutionality of paragraph 13 of Article 35, see the ruling of the Constitutional Court of the Russian Federation dated July 6, 2001 N 150-O.
14) make protests on bills of exchange;
15) present checks for payment and certify non-payment of checks;
16) accept documents for storage;
17) make maritime protests;
18) provide evidence.
Legislative acts of the Russian Federation may also provide for other notarial actions.
Article 36. Notarial acts performed by notaries working in state notary offices
Notaries working in state notary offices perform notarial acts provided for in Article 35 of these Fundamentals, and also issue certificates of the right to inheritance and take measures to protect inherited property. If there is no state notary office in the notarial district, the performance of these notarial actions is entrusted by a joint decision of the justice body and the notary chamber to one of the notaries engaged in private practice.
A certificate of ownership in the event of the death of one of the spouses is issued by a state notary office, whose competence includes registration of inheritance rights.
Article 37. Notarial actions performed by officials of executive authorities
In the absence of a notary in the locality, officials of executive authorities authorized to perform notarial actions perform the following notarial actions:
1) certify wills;
2) certify powers of attorney;
3) take measures to protect inherited property;
4) testify to the accuracy of copies of documents and extracts from them;
5) testify to the authenticity of the signature on the documents.
Legislative acts of the Russian Federation may entrust the officials specified in this article with performing other notarial actions.
Article 38. Notarial acts performed by officials of consular offices of the Russian Federation
Officials of consular institutions of the Russian Federation perform the following notarial actions:
1) certify transactions, except for contracts on the alienation of real estate located on the territory of the Russian Federation;
2) take measures to protect inherited property;
3) issue certificates of the right to inheritance;
4) issue certificates of ownership of a share in the common property of the spouses;
5) testify to the accuracy of copies of documents and extracts from them;
6) testify to the authenticity of the signature on the documents;
7) demonstrate the accuracy of the translation of documents from one language to another;
8) certify the fact that the citizen is alive;
9) certify the fact that a citizen is in a certain place;
10) certify the identity of the citizen with the person depicted in the photograph;
11) certify the time of presentation of documents;
12) accept sums of money and securities for deposit;
13) make writs of execution;
14) accept documents for storage;
15) provide evidence;
16) carry out sea protests.
Legislative acts of the Russian Federation may also provide for other notarial actions performed by officials of consular offices of the Russian Federation.
Article 39. Procedure for performing notarial acts
The procedure for performing notarial acts by notaries is established by these Fundamentals and other legislative acts of the Russian Federation and the republics within the Russian Federation.
The procedure for performing notarial acts by officials of consular offices is established by legislative acts of the Russian Federation.
The procedure for performing notarial actions by officials of executive authorities in settlements where there are no notaries is established by the Instruction on the procedure for performing notarial actions, approved by the Ministry of Justice of the Russian Federation.
Chapter IX. BASIC RULES FOR PERFORMING NOTARIES
ACTION. ISSUANCE OF DUPLICATE DOCUMENTS
Article 40. Place of performance of notarial acts
Notarial acts are performed by any notary, except for the cases provided for in Articles 36, 47, 56, 62 - 64, 69, 70, 74, 75, 87, 96 and 109 of these Fundamentals, and other cases when, according to the legislation of the Russian Federation and the republics in In the Russian Federation, a notarial act must be performed by a specific notary.
Article 41. Grounds and terms for postponement and suspension of notarial acts
The performance of a notarial act may be postponed in the following cases:
the need to request additional information from individuals and legal entities;
sending documents for examination.
The performance of notarial actions should be postponed if, in accordance with the law, it is necessary to ask interested parties that they have no objections to performing these actions.
The period for postponing the performance of a notarial act cannot exceed one month from the date of the decision to postpone the performance of a notarial act.
At the request of an interested person challenging in court a right or fact, the certification of which another interested person has applied for, the performance of a notarial act may be postponed for a period of no more than ten days. If within this period no notification is received from the court about the receipt of the application, the notarial act must be performed.
If a notification is received from the court about the receipt of an application from an interested person challenging a right or fact, the certification of which is requested by another interested person, the performance of a notarial act is suspended until the case is resolved by the court.
The legislation of the Russian Federation and the republics within the Russian Federation may establish other grounds for postponing and suspending the performance of notarial acts.
Article 42. Establishing the identity of the person applying for a notarial act
When performing a notarial act, a notary establishes the identity of the citizen who applied for the notarial act, his representative or a representative of a legal entity.
Identification must be made on the basis of a passport or other documents that exclude any doubts regarding the identity of the citizen applying for a notarial act.
Article 43. Verification of the legal capacity of citizens and the legal capacity of legal entities participating in transactions
When certifying transactions, the legal capacity of citizens is determined and the legal capacity of legal entities participating in transactions is verified. If a transaction is carried out by a representative, his powers are also verified.
Article 44. Procedure for signing a notarized transaction, application and other documents
The contents of the notarized transaction, as well as statements and other documents must be read aloud to the participants. Documents drawn up by a notary are signed in the presence of a notary.
If a citizen, due to physical disabilities, illness or for some other reason, cannot personally sign, on his behalf, in his presence and in the presence of a notary, another citizen may sign the transaction, application or other document, indicating the reasons why the document could not be signed in person by the citizen who applied for the notarial act.
Article 45. Requirements for documents submitted to perform notarial acts
Notaries do not accept for notarial acts documents that have erasures or additions, crossed out words and other unspecified corrections, as well as documents executed in pencil.
The text of the notarized transaction must be written clearly and clearly, the numbers and terms related to the contents of the document are indicated at least once in words, and the names of legal entities - without abbreviations, indicating the addresses of their bodies. Last names, first names and patronymics of citizens, their address of residence must be written in full.
In a document whose volume exceeds one sheet, the sheets must be stitched, numbered and sealed.
Article 46. Making identification inscriptions and issuing certificates
Certifying inscriptions are made when certifying transactions, certifying the accuracy of copies of documents and extracts from them, the authenticity of signatures on documents, the accuracy of translation of documents from one language to another, when certifying the time of presentation of documents on the relevant documents.
Relevant certificates are issued to confirm the right of inheritance, property rights, certification of the fact that a citizen is alive and in a certain place, the identity of the citizen with the person depicted in the photograph, and the acceptance of documents for storage.
Article 47. Restrictions on the right to perform notarial acts
A notary has no right to perform notarial acts in his own name and on his own behalf, in the name and on behalf of his spouses, their and their relatives (parents, children, grandchildren).
In the case where, in accordance with the legislation of the Russian Federation, a notarial act must be performed in a certain notary office, the place of its performance is determined in the manner established by the Ministry of Justice of the Russian Federation.
Article 48. Refusal to perform a notarial act
A notary refuses to perform a notarial act if:
committing such an action is contrary to the law;
the action must be performed by another notary;
an incapacitated citizen or a representative who does not have the necessary powers has applied for a notarial act;
a transaction carried out on behalf of a legal entity contradicts the purposes specified in its charter or regulations;
the transaction does not comply with the requirements of the law;
documents submitted to perform a notarial act do not comply with legal requirements.
A notary, at the request of a person who has been refused to perform a notarial act, must state the reasons for the refusal in writing and explain the procedure for appealing it. In these cases, the notary, no later than ten days from the date of application for a notarial act, issues a decision to refuse to perform a notarial act.
Article 49. Appeal of notarial acts or refusal to perform them
An interested person who considers a notarial act performed or a refusal to perform a notarial act to be incorrect has the right to file a complaint about this with the district (city) people's court at the location of the state notary office (notary engaged in private practice).
A dispute about the right that has arisen between interested parties, based on a completed notarial act, is considered by a court or arbitration court in the manner of claim proceedings.
Article 50. Registration of notarial acts
All notarial acts performed by a notary are registered in the register.
The notary is obliged to issue extracts from the register upon a written application from organizations and persons specified in parts three and four of Article 5 and in Article 28 of these Fundamentals.
Article 51. Forms of registers of registration of notarial acts, notarial certificates, certification inscriptions
The forms of registers for registration of notarial acts, notarial certificates, certification inscriptions on transactions and certified documents are established by the Ministry of Justice of the Russian Federation.
Article 52. Issuance of duplicates of notarized documents
In case of loss of documents, copies of which are kept in the files of the notary's office, upon written applications of citizens, legal representatives of legal entities, on behalf of or on behalf of whom notarial actions were performed, duplicates of the lost documents are issued.
The issuance of duplicate documents is carried out in compliance with the requirements of Articles 5 and 50 of these Fundamentals.
Chapter X. Certification of transactions
Article 53. Transactions certified by a notary
The notary certifies transactions for which the legislation of the Russian Federation and the republics within the Russian Federation establishes a mandatory notarial form. At the request of the parties, the notary can certify other transactions.
Article 54. Explanation to the parties of the meaning and significance of the draft transaction
The notary is obliged to explain to the parties the meaning and significance of the draft transaction presented by them and check whether its content corresponds to the actual intentions of the parties and does not contradict the requirements of the law.
Article 55. Certification of contracts of alienation and pledge of property subject to registration
Agreements on the alienation and pledge of property subject to registration can be certified subject to the presentation of documents confirming the ownership of the alienated or pledged property.
Article 56. Certification of contracts for the construction of a residential building, alienation of a residential building and other real estate
An agreement on the construction of a residential building on an allotted land plot is certified by a notary at the place where the land plot is allocated.
Certification of contracts for the alienation of a residential building, apartment, cottage, garden house, garage, as well as a land plot is carried out at the location of the specified property.
Article 57. Certification of wills
A notary certifies the wills of capable citizens, drawn up in accordance with the requirements of the legislation of the Russian Federation and the republics within the Russian Federation and personally presented by them to the notary. Certification of wills through representatives is not permitted.
When certifying wills, testators are not required to provide evidence confirming their rights to the bequeathed property.
Article 58. Procedure for changing and canceling wills
A notary, in the event of receiving notification of the cancellation of a will, as well as receiving a new will that cancels or changes a previously drawn up will, makes a note about this on a copy of the will kept by the notary and in the register of registration of notarial actions. Notice of revocation of a will must be notarized.
Article 59. Certification of powers of attorney
A notary certifies powers of attorney on behalf of one or more persons, in the name of one or more persons.
A power of attorney issued by way of subassignment is subject to notarization upon presentation of the main power of attorney, which stipulates the right to subassignment, or upon presentation of evidence that the representative under the main power of attorney is forced to do so by force of circumstances to protect the interests of the one who issued the power of attorney. A power of attorney issued by way of subrogation should not contain more rights than those granted under the main power of attorney. The validity period of a power of attorney issued by way of subpoenaing cannot exceed the validity period of the power of attorney on the basis of which it was issued.
Article 60. Number of copies of documents setting out the contents of the transaction
The number of copies of documents setting out the contents of a transaction certified by a notary is determined by the persons applying for the notarial act, but cannot exceed the number of parties participating in the transaction. However, the will and agreements on the pledge of property, the construction of a residential building, the alienation of a residential building and other real estate are provided to the notary in at least two copies, one of which remains in the files of the notary’s office.
At the request of the person applying for a notarial act, the notary accepts for storage one copy of the specified documents.
Chapter XI. TAKE MEASURES TO PROTECT HERITANCE
PROPERTY. ISSUANCE OF CERTIFICATES OF RIGHT TO INHERITANCE
Article 61. Notification of heirs about the opened inheritance
A notary who has received a message about the opening of an inheritance is obliged to notify about this those heirs whose place of residence or work he knows.
The notary can also summon the heirs by placing a public notice or reporting it in the media.
Article 62. Receiving applications for acceptance of inheritance or refusal of it
The notary at the place of opening of the inheritance, in accordance with the legislation of the Russian Federation, accepts applications for acceptance of the inheritance or refusal of it. An application to accept or refuse an inheritance must be made in writing.
Article 63. Acceptance of claims from creditors of the testator
The notary at the place of opening of the inheritance, in accordance with the legislation of the Russian Federation, accepts claims from the testator's creditors. Claims must be made in writing.
Article 64. Protection of inherited property
The notary at the place of opening of the inheritance, upon notification of citizens, legal entities or on his own initiative, takes measures to protect the inherited property when this is necessary in the interests of the heirs, legatees, creditors or the state.
Article 65. Instructions to take measures to protect inherited property
If the testator's property or part of it is not located in the place where the inheritance was opened, the notary at the place where the inheritance was opened sends to the notary, and if there is no notary in this locality, then to the official of the relevant executive authority performing the notarial act, at the location of the inheritance property, an order to accept measures to protect it.
A notary or an official of the relevant executive authority, who has taken measures to protect the inherited property, notifies the notary office at the place of opening of the inheritance about the adoption of these measures.
Article 66. Inventory of inherited property and transfer of it for storage
To protect the inherited property, the notary makes an inventory of this property and transfers it for storage to the heirs or other persons.
If the inheritance includes property that requires management, as well as in the event of a claim by the testator’s creditors, before the heirs accept the inheritance, the notary appoints a custodian of the inherited property. In areas where there is no state notary office, the relevant executive authority appoints a guardian over the inherited property in these cases.
The custodian, guardian and other persons to whom the inherited property has been transferred for storage are warned of responsibility for the waste, alienation or concealment of the inherited property and for losses caused to the heirs.
Article 67. Remuneration for storage of inherited property
The custodian, guardian and other persons to whom the inherited property is transferred for storage, if they are not heirs, have the right to receive remuneration from the heirs for the storage of the inherited property.
ConsultantPlus: note.
Decree of the Government of the Russian Federation dated May 27, 2002 N 350 established size limit remuneration under an agreement for storage of inherited property and an agreement for trust management of inherited property.
These persons will also be reimbursed necessary expenses for the storage and management of inherited property, minus the actual benefits received from the use of this property.
Article 68. Termination of measures to protect inherited property
Protection of inherited property continues until the heirs accept the inheritance, and if they do not accept it, until the expiration of the period for accepting the inheritance established by the legislation of the Russian Federation.
The notary at the place of opening of the inheritance is obliged to notify the heirs in advance about the termination of measures to protect the inherited property, and if the property by right of inheritance passes to the state, the relevant state body.
Article 69. Payment of expenses from inherited property
The notary at the place of opening of the inheritance, before the acceptance of the inheritance by the heirs, and if it is not accepted, then before the issuance of a certificate of the right to inheritance to the state, gives an order to pay the following expenses at the expense of the inherited property:
1) for the care of the testator during his illness, as well as for his funeral and arrangement of the burial place;
2) for the protection of inherited property and for its management, as well as for the publication of a notice of summoning the heirs.
Legislative acts of the republics within the Russian Federation may establish other cases of payment of expenses from inherited property.
Article 70. Place and time frame for issuing a certificate of the right to inheritance
Upon a written application from the heirs, the notary at the place of opening of the inheritance issues a certificate of the right to inheritance.
The issuance of a certificate of the right to inheritance is carried out within the time limits established by the legislative acts of the Russian Federation.
ConsultantPlus: note.
For the timing of issuing a certificate of inheritance, see the Civil Code (part three).
Article 71. Procedure for issuing a certificate of the right to inheritance
A certificate of the right to inheritance is issued to the heirs who accepted the inheritance in accordance with the norms of civil legislation of the Russian Federation.
An heir who has missed the deadline for accepting the inheritance may be included in the certificate of inheritance with the consent of all other heirs who accepted the inheritance. This consent must be stated in writing before the certificate of inheritance is issued.
A certificate of the right to inheritance is issued to all heirs together or to each one separately, depending on their wishes.
The notary informs the guardianship and trusteeship authorities at the place of residence of the heir about the issuance of a certificate of inheritance in the name of a minor or incompetent heir to protect his property interests.
When property is transferred by right of inheritance to the state, a certificate of the right to inheritance is issued to the relevant state body.
ConsultantPlus: note.
For the procedure for issuing a certificate of inheritance, see the Civil Code (part three).
Article 72. Conditions for issuing a certificate of the right to inheritance by law
When issuing a certificate of the right to inheritance by law, the notary, by requesting relevant evidence, checks the fact of death of the testator, the time and place of opening of the inheritance, the existence of relationships that are the basis for calling to inheritance by law the persons who filed the application for issuance of a certificate of the right to inheritance, composition and location of the inherited property.
If one or more heirs are deprived by law of the opportunity to present evidence of the relationship that is the basis for the call to inheritance, they may be included in the certificate of inheritance with the consent of all other heirs who accepted the inheritance and presented such evidence.
Article 73. Conditions for issuing a certificate of the right to inheritance under a will
When issuing a certificate of the right to inheritance under a will, a notary, by requesting appropriate evidence, checks the fact of the death of the testator, the existence of a will, the time and place of opening of the inheritance, the composition and location of the inherited property.
The notary also determines the circle of persons entitled to an obligatory share in the inheritance.
Chapter XII. ISSUANCE OF CERTIFICATES OF OWNERSHIP
FOR THE SHARE IN THE COMMON PROPERTY OF THE SPOUSES. APPLICATION AND REMOVAL
PROHIBITIONS OF ALSO PROPERTY
Article 74. Issuance of certificates of ownership of a share in common property upon a joint application of spouses
A notary, upon a joint written application of the spouses, issues one of them or both spouses a certificate of ownership of a share of the common property acquired during the marriage.
A certificate of ownership of a residential house, apartment, cottage, garden house, garage, as well as a land plot is issued by a notary at the location of this property.
Article 75. Issuance of a certificate of ownership of a share in common property at the request of the surviving spouse
In the event of the death of one of the spouses, a certificate of ownership of a share in the common property of the spouses is issued by a notary at the place of opening of the inheritance upon a written application of the surviving spouse with notification of the heirs who accepted the inheritance.
A certificate of ownership of a share in the common property of the spouses can be issued to the surviving spouse for half of the common property acquired during the marriage.
By written application of the heirs who accepted the inheritance and with the consent of the surviving spouse, the deceased spouse’s share in the common property may also be determined in the certificate of ownership.
Article 76. Imposition and lifting of the prohibition on alienation of property
The imposition and lifting of the prohibition on the alienation of property is carried out under the conditions and in the manner established by the legislative acts of the Russian Federation.
Chapter XIII. CERTIFICATION OF ACCURACY OF COPIES
DOCUMENTS AND EXTRACTS FROM THEM, AUTHENTICITY OF SIGNATURES
AND ACCURACY OF TRANSLATION
Article 77. Certification of the accuracy of copies of documents and extracts from them
A notary certifies the accuracy of copies of documents and extracts from them issued by government authorities in accordance with the legislation of the Russian Federation, legal entities, as well as citizens, provided that these documents do not contradict the legislative acts of the Russian Federation.
(as amended by Federal Law dated December 8, 2003 N 169-FZ)
The accuracy of the extract can be certified only when the document from which the extract is made contains solutions to several separate, unrelated issues. The extract must reproduce the full text of part of the document on a specific issue.
Article 78. Certification of the accuracy of a copy of a document issued by a citizen
The accuracy of a copy of a document issued by a citizen is certified by a notary in cases where the authenticity of the citizen’s signature on the document is certified by a notary or an official of an enterprise, institution, organization at the citizen’s place of work, study or residence.
Article 79. Certificate of accuracy of a copy from a copy of a document
The accuracy of a copy from a copy of a document is certified by a notary, provided that the accuracy of the copy is certified by a notary or the copy of the document was issued by the legal entity from which the original document originates. IN the latter case a copy of the document must be made on the letterhead of the given legal entity, sealed and have a mark indicating that the original document is in the possession of the legal entity.
Article 80. Certification of the authenticity of a signature on a document
A notary certifies the authenticity of a signature on a document, the contents of which do not contradict the legislative acts of the Russian Federation.
A notary, certifying the authenticity of a signature, does not certify the facts stated in the document, but only confirms that the signature was made by a certain person.
Article 81. Certification of the accuracy of the translation
The notary certifies the accuracy of the translation from one language to another, if the notary speaks the relevant languages.
If the notary does not speak the relevant languages, the translation can be made by a translator, whose authenticity of signature is certified by the notary.
Chapter XIV. CERTIFICATION OF FACTS
Article 82. Certification of the fact that a citizen is alive
The notary certifies the fact that the citizen is alive.
Certification of the fact that a minor is alive is carried out at the request of his legal representatives (parents, adoptive parents, guardians, trustees), as well as institutions and organizations in whose care the minor is.
Article 83. Certification of the fact of a citizen’s presence in a certain place
A notary, at the request of a citizen, certifies the fact of his presence in a certain place.
Certification of the fact that a minor is in a certain place is carried out at the request of his legal representatives (parents, adoptive parents, guardians, trustees), as well as institutions and organizations in whose care the minor is.
Article 84. Identification of a citizen with the person depicted in the photograph
The notary certifies the identity of the citizen with the person depicted in the photograph submitted by this citizen.
Article 85. Certification of the time of presentation of documents
The notary certifies the time the document was presented to him.
Chapter XV. TRANSFER OF APPLICATIONS OF INDIVIDUALS AND LEGAL ENTITIES
PERSON ACCEPTANCE OF CASH AND SECURITIES FOR DEPOSIT
Article 86. Transfer of applications
The notary transfers applications of citizens and legal entities to other citizens and legal entities personally against signature or sends them by mail with a return notification. Applications can also be transmitted using telefax, computer networks and other technical means. The costs associated with the use of technical means for transmitting applications are paid by the person at whose request the notarial act is performed.
At the request of the person who submitted the application, he is issued a certificate of transfer of the application.
Article 87. Acceptance of cash and securities on deposit
The notary, in cases provided for by the civil legislation of the Russian Federation, accepts sums of money and securities from the debtor as deposit for transferring them to the creditor.
The notary notifies the creditor of the receipt of funds and securities and, upon his request, issues to him the amounts of money and securities due.
Acceptance of cash and securities on deposit is carried out by a notary at the place of fulfillment of the obligation.
Article 88. Return of money and securities to the person who deposited them
The return of cash and securities to the person who deposited them is permitted only with the written consent of the person in whose favor the contribution was made, or by a court decision.
Chapter XVI. EXECUTION OF EXECUTIVE INSTRUCTIONS
On the refusal to accept for consideration a request to verify the constitutionality of Article 89, see the ruling of the Constitutional Court of the Russian Federation dated July 6, 2001 N 150-O.
Article 89. Collection of sums of money or recovery of property from the debtor
To collect sums of money or claim property from the debtor, the notary makes executive signatures on documents establishing the debt.
Article 90. List of documents according to which debt collection is carried out in an indisputable manner
The list of documents for which debt collection is carried out in an indisputable manner on the basis of writs of execution is established by the Government of the Russian Federation.
Article 91. Conditions for making a writ of execution
The executive inscription is made:
1) if the submitted documents confirm the indisputability of the debt or other liability of the debtor to the claimant;
2) if no more than three years have passed since the date of emergence of the right to claim, and in relations between enterprises, institutions and organizations - no more than one year.
If for the requirement for which the writ of execution is issued, the legislation of the Russian Federation establishes a different limitation period, the writ of execution is issued within this period.
Article 92. Contents of the executive inscription
The executive inscription must contain:
1) surname and initials, position of the notary making the executive inscription;
2) name and address of the claimant;
3) name and address of the debtor;
4) designation of the period for which collection is made;
5) designation of the amount to be recovered or items to be claimed, including penalties, interest, if any;
6) designation of the amount of state duty or tariff paid by the recoverer or subject to recovery from the debtor;
7) date (year, month, day) of execution of the executive inscription;
8) the number under which the executive inscription is registered in the register;
9) signature of the notary who made the writ of execution;
10) notary's seal.
On the refusal to accept for consideration a request to verify the constitutionality of Article 93, see the ruling of the Constitutional Court of the Russian Federation dated July 6, 2001 N 150-O.
Article 93. Procedure for collection under a writ of execution
Collection under a writ of execution is carried out in the manner established by the civil procedural legislation of the Russian Federation for the execution of court decisions.
Article 94. Time limits for presenting a writ of execution
The writ of execution, if the claimant or debtor is a citizen, can be presented for forced execution within three years from the date of its execution, and if both the claimant and the debtor are enterprises, institutions, organizations - within one year, unless established by the legislation of the Russian Federation other terms.
Restoring the missed deadline for presenting the writ of execution is carried out in accordance with the civil procedural legislation of the Russian Federation.
Chapter XVII. EXECUTION OF PROTESTS OF BILLS, PRESENTATION
CHECKS FOR PAYMENT AND CERTIFICATION OF NON-PAYMENT OF CHECKS
Article 95. Protest of a bill
A protest against a bill of exchange for non-payment, non-acceptance and undated acceptance is made by a notary in accordance with the legislative acts of the Russian Federation on bills of exchange and promissory notes.
Article 96. Presentation of a check for payment and certification of non-payment of the check
The notary at the payer's location accepts for presentation for payment a check presented after ten days, if the check is issued on the territory of the Russian Federation; presented after twenty days, if the check is issued on the territory of member states of the Commonwealth of Independent States; submitted after seventy days, if the check is issued on the territory of any other state, from the date of issue of the check, but no later than 12 o'clock on the day following this deadline.
In case of non-payment of a check, the notary certifies the non-payment of the check by writing on the check and notes this in the register. Simultaneously with the inscription on the check, a notification is sent to the drawer about the non-payment of his check by the bank and the inscription on the check.
At the request of the check holder, the notary, in the event of non-payment of the check, makes a writ of execution.
Chapter XVIII. ACCEPTANCE OF DOCUMENTS FOR STORAGE
Article 97. Acceptance of documents for storage
The notary accepts documents for storage according to the inventory. One copy of the inventory remains with the notary, another copy is given to the person who deposited the documents.
At the request of a person, a notary may accept documents without an inventory if they are packaged properly (the packaging is sealed by the notary and signed by him and the person who submitted the documents). In such cases, the notary is responsible for the safety of the packaging.
The person who deposited the documents is issued a certificate.
Article 98. Return of documents accepted for storage
Documents accepted for storage are returned to the person who deposited them or to a legally authorized person upon presentation of a certificate and inventory or by court decision.
Chapter XIX. COMMITMENT OF MARINE PROTESTS
Article 99. Statement of maritime protest
In order to provide evidence to protect the rights and legitimate interests of the shipowner, the notary accepts a statement from the captain of the ship about an incident that occurred during the navigation or stay of the ship, which may be the basis for filing property claims against the shipowner.
The statement of maritime protest must contain a description of the circumstances of the incident and the measures taken by the captain to ensure the safety of the property entrusted to him.
In confirmation of the circumstances set out in the statement of maritime protest, the captain of the vessel, in accordance with the legislation of the Russian Federation regulating merchant shipping, simultaneously with the statement or no later than seven days from the moment of entry into the port from the moment of the incident, if it took place in the port , is obliged to present to the notary for review the ship's log and an extract from the ship's log certified by the captain.
Article 100. Time limits for filing a maritime protest
An application for a maritime protest in accordance with the legislation of the Russian Federation regulating merchant shipping is submitted within twenty-four hours from the moment the vessel arrives at the port. If an incident giving rise to the need to file a maritime protest occurred in a port, the protest must be filed within twenty-four hours from the moment of the incident.
If it proves impossible to lodge a protest within the prescribed time limit, the reasons for this must be indicated in the maritime protest statement.
Article 101. Drawing up an act of maritime protest
The notary, based on the captain’s statement, data from the ship’s log, as well as an interview with the captain himself and, if possible, at least two witnesses from among the ship’s command staff and two witnesses from the ship’s crew, draws up an act of maritime protest and certifies it with his signature and official seal. A copy of the maritime protest act is issued to the captain or an authorized person.
Chapter XX. PROVIDING EVIDENCE
Article 102. Providing evidence necessary in the event of a case arising in the courts or administrative authorities
At the request of interested parties, the notary provides the evidence necessary in the event of a case arising in court or an administrative body, if there are grounds to believe that the provision of evidence will subsequently become impossible or difficult.
The notary does not provide evidence in a case that, at the time interested parties contact the notary, is being processed by a court or administrative body.
Article 103. Actions of a notary to provide evidence
In order to provide evidence, the notary interrogates witnesses, examines written and material evidence, and appoints an examination.
When performing procedural actions to secure evidence, the notary is guided by the relevant norms of civil procedural legislation of the Russian Federation.
The notary notifies the party and interested parties of the time and place of securing evidence, but their failure to appear is not an obstacle to carrying out actions to secure evidence.
Providing evidence without notifying one of the parties and interested parties is carried out only in urgent cases or when it is impossible to determine who will subsequently participate in the case.
If a witness or expert fails to appear when summoned, the notary shall report this to the people's court at the place of residence of the witness or expert in order to take measures provided for by the legislative acts of the Russian Federation.
The notary warns the witness and expert about liability for giving a knowingly false testimony or conclusion and for refusing or avoiding giving testimony or conclusion.
Chapter XXI. APPLICATION OF FOREIGN STANDARDS BY A NOTARY
RIGHTS. INTERNATIONAL TREATIES
Article 104. Application of foreign law norms
The notary, in accordance with the legislation of the Russian Federation and international treaties, applies the norms of foreign law.
The notary accepts documents drawn up in accordance with the requirements of international treaties, and also makes certification inscriptions in the form provided for by the legislation of other states, unless this contradicts the international treaties of the Russian Federation.
Article 105. Protection of inherited property and issuance of a certificate of right to inheritance
Actions related to the protection of property located on the territory of the Russian Federation, remaining after the death of a foreign citizen, or property due to a foreign citizen after the death of a citizen of the Russian Federation, as well as with the issuance of a certificate of the right to inheritance in relation to such property, are carried out in accordance with the legislation of the Russian Federation.
Article 106. Acceptance by a notary of documents drawn up abroad
Documents drawn up abroad with the participation of officials of competent authorities of other states or emanating from them are accepted by a notary, subject to their legalization by the authority of the Ministry of Foreign Affairs of the Russian Federation.
Without legalization, such documents are accepted by a notary in cases where this is provided for by the legislation of the Russian Federation and international treaties of the Russian Federation.
Article 107. Relations between a notary and judicial authorities of other states
The procedure for the relationship of a notary with the justice authorities of other states is determined by the legislation of the Russian Federation and international treaties of the Russian Federation.
Article 108. Providing evidence required for conducting cases in the authorities of other states
The notary provides evidence required for conducting business in the authorities of other states.
Article 109. International treaty
If an international treaty of the Russian Federation establishes different rules for notarial acts than those provided for by the legislative acts of the Russian Federation, the rules of the international treaty are applied when performing notarial acts.
If an international treaty of the Russian Federation includes within the competence of a notary the performance of a notarial act not provided for by the legislation of the Russian Federation, the notary performs this notarial act in the manner established by the Ministry of Justice of the Russian Federation
President of the Russian Federation B. Yeltsin
Moscow, House of Soviets of Russia
February 11, 1993
N 4462-I
02/10/2015 The Federal Chamber of Notaries announced changes to the legislation designed to improve the efficiency of the notary office in the interests of protecting the rights and legitimate interests of citizens and legal entities. We are talking about Federal Law No. 457 of 2014 “On Amendments to the Fundamentals of the Legislation of the Russian Federation on Notaries and Other Legislative Acts of the Russian Federation.”
In particular, changes occurred on the following points:
- 1 . Increased evidentiary value of a notarial act.
Amendments have been made to the Code of Civil Procedure of the Russian Federation, which establish increased evidentiary value for notarial documents, that is, challenging them will only be possible in a special manner, which will supposedly serve as additional protection of the rights and legitimate interests of citizens who have notarized a document, transaction, etc.. This is due to the fact that such circumstances as the time, place, nature and content of the act of expression of will occur only with the direct participation of a notary and are established reliably by him. At the same time, the notary carries out his certification functions on behalf of the Russian Federation, acting in the interests of the rule of law and the entire society, to ensure public interest in civil transactions. This means that the advantage of a notarial act over a simple certificate is obvious, and now it is enshrined in law.
- Changes in the notary tariff system, including when certifying real estate transactions.
Notary fees for certification of real estate alienation agreements and other agreements have been reduced. Now, if the object of the contract costs less than 1 million rubles, the notary will receive 3,000 rubles plus 0.4% of the transaction amount for the work, instead of the previously valid 1%.
For certification of transactions the subject of which is the alienation of real estate to a spouse, parents, children, grandchildren, the tariff will be 3,000 rubles plus 0.2 percent of the valuation of real estate (transaction amount), but not more than 50,000 rubles;
to other persons depending on the transaction amount:
over 1,000,000 rubles up to 10,000,000 rubles inclusive - 7,000 rubles plus 0.2 percent of the transaction amount exceeding 1,000,000 rubles;
over 10,000,000 rubles - 25,000 rubles plus 0.1 percent of the transaction amount exceeding 10,000,000 rubles, and in the case of alienation of residential premises (apartments, rooms, residential buildings) and land plots occupied by residential buildings - no more than 100,000 rubles;
For example, for certification of transactions the subject of which is the alienation of real estate worth 10,000,000 rubles between third parties, the notary fee is 25,000 rubles. Previously, for certifying such a transaction, the notary was obliged to charge a notarial fee in the amount of 77,500 rubles. This measure is aimed at encouraging citizens to enter into contracts in notarial form.
Notarial tariffs have been established for new notarial actions (certifying decisions of governing bodies of legal entities, accepting deposits of sums of money with the notary who certified the transaction for the purpose of fulfilling obligations under such a transaction, providing evidence). Now the fee for providing evidence will be 3,000 rubles; for accepting sums of money on deposit with the notary who certified the transaction in order to fulfill obligations under such a transaction - 1,500 rubles. In other cases, for accepting deposits of money or securities, the tariff will be 0.5 percent of the accepted amount of money or the market value of securities, but not less than 1,000 rubles.
In order to comply with economic realities, the tariff for registering a notice of pledge of movable property has been changed - 600 rubles.
- Accelerated state registration of rights to real estate.
The period for state registration of rights to real estate and transactions with him using notarized documents - 3 days if the documents are submitted in simple written form. If documents are submitted electronically, the registration period will be 1 day. Notaries are given direct access to the Unified State Register of Rights to Real Estate and Transactions with It.
Thus, notaries ensure the rights of citizens when certifying transactions with real estate. This measure also makes it easier for citizens to conclude such transactions in notarial form. Providing notaries with the opportunity to check in real time the rights of persons to real estate helps prevent fraudulent actions with real estate and reduces the number of citizens' appeals to the courts and bodies carrying out state registration of rights to real estate and transactions with it, which will ultimately lead to a reduction in budgetary expenses.
- Notary deposit.
The law establishes the possibility of using a notary's deposit for settlements between the parties to a notarized transaction. This change provides citizens and organizations with a guarantee of legality, security and correct calculation of transactions and obligations, allows them to reduce the turnover of unaccounted cash, and also facilitates the activities of organizations and citizens. The tariff for this service is only 1,500 rubles, which is much cheaper than the cost of renting a safe deposit box.
Citizens and organizations are also given the right to use a notary's deposit for settlements under non-notarized contracts, however, in this case the tariff will be 0.5 percent of the accepted amount of money or the market value of securities, but not less than 1,000 rubles.
- Providing evidence.
The prohibition for notaries to secure evidence if the case is pending in court has been removed. The exclusion of this prohibition allows citizens and organizations during the trial to turn to notaries to record facts that violate their rights, which will allow them to successfully protect their legitimate interests in court in the future.
- Issuance of duplicate documents by a notary.
The list of duplicate documents issued by a notary has been expanded. Now, for example, it also includes a duplicate of the executive inscription. The list of persons to whom these duplicates can be provided has also been expanded. After the death of the testator, a duplicate of a notarized will can also be issued to any of the heirs or legatees specified in the will, as well as to the executor of the will. A duplicate of the agreement on the basis of which a building or structure was built or acquired by the previous owner may be issued to a person who has confirmed his ownership of the relevant building or structure.
- Certification by notaries of decisions of management bodies of legal entities.
In accordance with paragraph 3 of Article 67.1 of the Civil Code of the Russian Federation, which came into force on September 1, 2014, a notary certifies the adoption of decisions by general meetings of non-public business companies and the composition of participants present at their adoption. At the same time, having established the possibility of performing this notarial act, the legislator did not immediately establish the procedure for its implementation, which led to difficulties in the activities of notaries. Now the Fundamentals of the legislation of the Russian Federation on notaries have been supplemented with a new chapter regulating the certification by notaries of decisions of governing bodies of legal entities.
- Compensation Fund of the Federal Notary Chamber.
Before the adoption of Federal Law No. 457, there were already several levels of notary responsibility to citizens: personal insurance of the notary, collective insurance and full property liability. With the adoption of the law, another method of compensation for damage caused by the actions of a notary has appeared in the event that other methods of compensation are not enough - the Compensation Fund of the Federal Notary Chamber. At the same time, the amount of insurance premiums will remain the same, and the funds of the Compensation Fund will be at the disposal of the notary himself. The creation of the Compensation Fund will also not require an increase in annual contributions to the Fund. Possible payments from the fund are expected to begin in 2018.
- Unified information system of notaries.
Amendments have been made to the Fundamentals of the legislation of the Russian Federation on notaries, eliminating minor inaccuracies made by Federal Law No. 379-FZ in terms of:
Possibility of issuing electronic extracts from the register of notifications of pledge of movable property;
Providing notaries with access to information contained in the electronic registers of the Unified Notary Information System. Now the notary will be able to receive information from the Unified Information System, no matter who entered it there. This means that the UIS begins to fully perform its functions for which it was strategically created, and checking the authenticity or relevance of powers of attorney, marriage contracts, or searching for wills will become much more convenient and much faster;
Forms and deadlines for sending information about completed notarial actions by local government officials to notary chambers for inclusion in the Unified Information System. Now representatives of local governments are required to submit documents electronically, which greatly simplifies the entry of information into the Unified Information System.
Significant changes have also occurred in the field of organization of notarial activities:
- Code of Professional Ethics.
The requirements for the professional ethics of a notary, as well as the grounds, procedure for application and measures of disciplinary liability of a notary engaged in private practice, should be established by the Code of Professional Ethics of Notaries. The adoption of the Code of Professional Ethics for Notaries will also make it possible to more effectively protect the rights of persons applying to notaries to perform notarial acts.
- Register of notaries of the Russian Federation.
A special Register of notaries of the Russian Federation and persons who have passed the qualification exam has been created, which will be maintained by the federal executive body in the field of justice. The inclusion of information in this Register will replace the need for licensing of notarial activities. In this case, the powers of the notary and the person who passed the qualification exam will be confirmed by a corresponding extract from it.
These changes are related to the fact that, by its legal essence, a license for the right of notarial activity is not a license in the understanding of Russian legislation, i.e. special permission for the right to carry out a specific type of activity.
- Requirements for a notary.
The requirements for a person wishing to become a notary have changed, namely: a notary can be a person who has received a higher legal education in a state-accredited educational institution higher professional education; having at least five years of legal experience; who have reached the age of 25 years and not older than 75 years; passed the qualifying exam.
The grounds have also been established in the presence of which it is impossible for a person to fill the position of a notary.
- Qualification exam for the right to carry out notarial activities.
Such an exam will be conducted using an automated information system for conducting qualifying exams, which provides automated anonymous verification of exam results. Taking this into account, changes are being made to the procedure for conducting the qualifying exam.
These changes allow us to avoid subjectivity when assessing the knowledge of a person taking the qualification exam, as well as possible corruption factors when taking this exam.
- Responsibility of the notary.
The article of the Fundamentals of the Legislation of the Russian Federation on notaries, dedicated to the responsibility of a notary, has been presented in a new edition. This edition regulates in more detail the grounds and procedure for holding a notary liable for damage caused through his fault to the property of a citizen or legal entity as a result of performing a notarial act in violation of the law.
- Grounds and procedure for suspending the powers of a notary.
The grounds and procedure for suspending the powers of a notary are established. The following grounds have been established for suspending the powers of a notary:
The notary does not have an agreement on insurance of professional liability risk or the concluded agreement does not comply with the requirements of the law;
Choosing a preventive measure in the form of detention or house arrest;
Temporary suspension from performance of duties in the manner prescribed by the criminal procedural legislation of the Russian Federation.
- Status of trainees, notary assistants and acting assistants.
The legal status of a notary trainee, a notary's assistant and a person supporting the activities of a notary has been established. The procedure for replacing a temporarily absent notary is also regulated in more detail. These changes will help resolve existing gaps in legislation associated with the lack of such regulation. With the adoption of the law, an assistant notary will be able to work as an interim (temporary acting) without an order from the Ministry of Justice. In addition, the law establishes the right of a notary to hire employees to support his activities. Employees can “collect the necessary information, documents, information, transfer documents within the framework of state registration of rights procedures, receive certificates and other documents, draw up draft documents, make entries in registers and other notary documents, participate in the formation of a notarial archive, and carry out other preparatory work and other work necessary to perform a notarial act.”
- Preferential rights to lease and purchase premises for notaries.
Notaries now have the right to immediately purchase real estate for an office in the event of its alienation from state and municipal property. The previous threshold of three years has been removed. True, you will have to buy at the market price, but without competition. In addition, they are given the pre-emptive right to lease premises.
- Control over the performance of notarial acts by local government officials.
A procedure has been established for monitoring the performance of notarial acts by local government officials. Previously, there was no such procedure, despite the performance of a significant number of notarial acts by local government officials.
- Support for notarial activities in sparsely populated or hard-to-reach areas.
The procedure and procedure for providing support to notaries operating in sparsely populated, hard-to-reach areas are regulated. This support should be provided by the notary chamber of a constituent entity of the Russian Federation, and if it is insufficient, by the Federal Notary Chamber. The procedure for providing this support is also established by the Federal Notary Chamber.
- Fund for social support of notaries.
The Federal Chamber of Notaries, according to the law, will have to create a social support fund as part of the development of the non-state pension program and other decisions social issues, including for the development of the Target comprehensive program support for notaries working in sparsely populated and hard-to-reach areas.
http://www.notariat.ru/news/notariat/15544/
13.01.2017
A number of laws adopted in 2016 became the next stage expanding the powers and responsibilities of a notary. Meeting modern requirements of society, the notary continues to prove its ability to effectively solve complex problems of protecting the rights of citizens and entrepreneurs, and to ensure the protection of the rights of the owner. Which of the recent legislative innovations have become the most significant for society in order to evaluate their effect in the coming year?
Systematic work to improve the legislation on notaries, which began with Federal Laws No. 379-FZ and 457-FZ, made it possible to form the basis for subsequent decisions, the purpose of which is to strengthen the stability and legality of civil transactions in general. In order for the expansion of the notary’s competence to occur in a systematic and organic manner, one of the first steps was to increase the attractiveness of the notarial form of transactions, which is necessary to streamline civil circulation and effective protection not only the rights of their participants, but also the reliability of state registers. This trend was continued by Federal Law No. 391-FZ. Equally significant was the expansion of the notary’s competence in the field of corporate legal relations. The notary began to provide services in a “one-stop shop” mode both for citizens during real estate transactions and for businesses when registering enterprises.
At the same time, the regulatory framework for the modernization of the institute itself was developed. The notary's initiatives in this area were supported by the legislator, in the most short terms The notary community has become one of the leaders in the development of electronic technologies, the introduction of the most modern methods work. At the expense of the Federal Notary Chamber, the Unified Notary Information System was created and is being developed, which has brought the notary to a high-quality new level development, providing society with previously unimaginable ways to counter unscrupulous and criminal attacks on the rights of citizens. The notary's mastery of digital technologies allowed the legislator to introduce new notarial actions into the life of society, which radically simplify and speed up civil circulation, provide new comfortable opportunities for business, and create unique and convenient services. With this baggage, the notary entered 2016, where fundamentally significant innovations appeared.
Mandatory notary form for real estate transactions
To solve the problems of turnover of shared ownership of real estate, where fraud and violations of citizens' rights flourished, Federal Law No. 172-FZ of June 2, 2016 introduced a mandatory notarial form for all forms of alienation of shares in common property rights, be it purchase and sale, exchange, donation, etc.
At the same time, the notary will check whether the pre-emptive right of the other co-owners of the apartment to purchase a share is respected if we are talking about a purchase and sale transaction. The notary will also check whether the co-owners are notified of the impending transaction. By the way, he himself can notify the co-owners at the request of the seller. The notary will also check other aspects of the transaction so that there is no doubt about its legality. If we are talking about a gift, the notary will make sure that the transaction is not sham and does not hide the sale of a share.
On July 5, 2016, Russian President Vladimir Putin signed Federal Laws No. 332-FZ and 360-FZ, which provided society with a number of new tools for legal settlement of the most pressing issues, as well as new and highly sought-after notary services.
Today, a notary’s writ of execution is becoming an effective tool for regulating relations between the lender and the borrower; the authenticity of powers of attorney can be verified via the Internet; the system of notary fees will become even more convenient for citizens. Entrepreneurs are also offered an additional service, and citizens can choose a notary in a place convenient for them to certify real estate transactions. The property liability of a notary has been strengthened
Verification of powers of attorney.
In accordance with the provisions of Federal Law 332-FZ, the Federal Notary Chamber has created an online service that will allow you to check the authenticity of a power of attorney on the FNP website, indicating its details: the system will indicate whether such a power of attorney exists with such a registration number, certified on such and such a date by such a person. then a notary. This service is free. State and municipal bodies within the framework of their provision of state and municipal services provided the opportunity to check the compliance of the contents of the submitted power of attorney with the original. In response to a request submitted by them to the Unified Notary Information System with an attached scan of the presented power of attorney, the next day they will receive a message whether the content of the provided document corresponds to the original power of attorney, which is stored in the system.
It is especially worth noting that the law provides for a public status for the Register of Revoked Powers of Attorney, which is already in effect on the FNP website. If previously the principal had to independently notify all interested parties about the fact that he had revoked the power of attorney: bear postage costs, waste time and effort, or pay for publication in a newspaper, now it is enough to certify the revocation of the power of attorney from any notary. The next day, information about the cancellation of the power of attorney will appear in the register, will be available to any citizen who makes a request using the number of this power of attorney, and according to the law, it is considered that all interested parties from this moment are notified of the cancellation of this power of attorney.
Tariffs for legal and technical services.
The same law acquired binding force previously implemented by the Federal Chamber of Notaries on its own initiative, a unified system of tariffs for legal and technical services (LPTH), which are paid for when performing a notarial act. This tariff was previously set by the notary chambers of the constituent entities of the Russian Federation independently, which in one way or another sought to take into account the realities of their region in order to maintain the accessibility of notarial activities for the population, while ensuring the possibility of self-financing of notarial activities in their region. The Federal Chamber of Notaries, together with leading economic institutions, conducted large-scale research and developed an economically sound and transparent principle for calculating the maximum size of the UPTH tariff for each notarial act for each individual region of Russia. It is based on a number of indicators, including the cost of living in the region, the cost of performing a notarial act and a number of other parameters. In accordance with the law, the FNP will annually set the maximum amount of UPTH tariffs for each region, and regional notary chambers will set the tariffs themselves, which cannot exceed the amount established by the FNP. All this data, in accordance with the law, will be published on the FNP website from February 1, 2017. As noted by the President of the FNP, Konstantin Korsik, “a unified tariff system for legal and technical services will not only make notary tariffs in all regions economically justified and understandable for all citizens, but will emphasize the responsible position of the notary, who strives to provide affordable, highly qualified legal services in any region, regardless on specific aspects of the socio-economic situation in it.”
Executive inscription of a notary.
Federal Law 360-FZ provides for an expansion of the list of applications for a notary's writ of execution in order to relieve the courts, return the situation with the settlement of debt relations to the legal field, and provide banks, as well as citizens and legal entities, with the opportunity to quickly and legally resolve problems of non-payment of debts.
Thus, according to the law, in the event of a debtor’s failure to fulfill his obligations, the creditor will be able to turn to the bailiffs without a long and expensive legal procedure if the corresponding execution inscription on the loan agreement is affixed by a notary. In accordance with the law, the creditor will have to warn the debtor in advance that he will contact a notary to make a writ of execution. Then, when applying, the notary checks the fact of notifying the debtor, checks the provided documents confirming the debt, and makes an execution inscription, on the basis of which the bailiff can foreclose on the debtor’s property. Simultaneously with the execution of the writ of execution, the notary is obliged to notify the debtor of this fact, indicating the amount of the amount to be collected. The debtor, if he disagrees, can appeal these actions through the court. It is important to note here that only the amount of the debt and interest on it, together with the tariff for making the writ of execution, is subject to collection under a notary’s writ of execution, but not fines and penalties, which are canceled with such collection. If the debtor goes to court, then the creditor will be able to present the amount of penalties for payment. This means that a judicial challenge in a clearly losing situation is less beneficial for the debtor, who, in the event of collection under a writ of execution, saves on fines and penalties.
This provision of the law will help combat the arbitrariness of collectors, since the bailiff acts in strict accordance with the law, while the rights of debtors are regulated by law, as well as the rights of the creditor. Banks will be able to contact a notary if the loan agreement provides for the possibility of out-of-court foreclosure. Also, citizens will be able to recover their debts from defaulters if they have previously certified a loan agreement or a purchase and sale agreement, under which they were not paid, with a notary. These provisions do not apply to mortgage agreements.
Lists of LLC participants.
The new law also provides for a new notary service for entrepreneurs. The list of LLC participants can be stored not only with general director organization, but also from a notary - within the framework of the Unified Notary Information System. By July 1, 2017, an appropriate register will be created in which, by analogy with the register of notifications of pledges of movable property, through a notary, at the request of the company participants, information about the participants of the LLC will be entered, which includes not only data on the ownership of shares, but also information about their payment and other data.
Now, in the event of the death or, for example, fraudulent disappearance of the general director of an LLC, it is impossible to obtain documents with a list of company participants and information confirming their payment of their shares (this fact is not recorded in the Unified State Register of Legal Entities). Accordingly, it becomes impossible to carry out a transaction with their shares or other significant actions for the participants of the company themselves. If the general director was the only participant in the LLC, then in the event, for example, of his death, problems arise with obtaining information for registering an inheritance.
According to the decision of the legislator, if this information about the LLC participants is stored in the Unified Notary Information System, it will always be available to the company’s participants, and the owner of a share in the LLC will always be insured against the described problems that arise in the event of the disappearance or death of the organization’s general director.
Certification of real estate transactions by any notary within the region.
It is also worth noting an important innovation for citizens, according to which the restriction on certification by a notary of a real estate purchase and sale agreement, which previously required such certification by a notary at the location of the real estate, has been lifted. Now you can contact any notary within a subject of the Russian Federation.
Strengthening the guarantees of a notary's property liability
Now every notary certifying real estate transactions must be insured for at least 5 million rubles. This norm of the Fundamentals of Legislation of the Russian Federation on notaries is established by Federal Law No. 360-FZ. The specified amount is the first stage of compensation for damage to citizens or legal entities if it arose through the fault of a notary. If suddenly these funds are not enough, the missing money will be paid from the collective insurance of the regional notary chamber. The third level of the guarantee of compensation for damage is the personal property of the notary, and the final stage is the Compensation Fund of the Federal Notary Chamber, which should cover hypothetical damage of any size. Mistakes can happen to any professional participants in the real estate market - the human factor can make its own adjustments, but if the damage caused is fully compensated, no one will suffer, and the market in such conditions can be truly stable. It is the notary who is the very link that guarantees compliance with the rights of participants in real estate transactions. By ensuring the legal side of transactions, the notary is responsible for his work. The high qualifications of these lawyers and the responsibility inherent in the profession make the percentage of errors insignificant - literally a few cases a year throughout the country, but, nevertheless, they happen. And payments for those insured events that did occur confirm the effectiveness of the notary’s liability.
The first results of the changes that came into force last year will appear very soon, when the Federal Notary Chamber processes statistical data and publishes them. Those innovations that have started working since the beginning of this year will also soon have a positive effect, which can be assessed and measured.
(as amended by Federal Laws
dated 08.12.2003 N 169-FZ, dated 29.06.2004 N 58-FZ,
dated August 22, 2004 N 122-FZ, dated November 2, 2004 N 127-FZ,
dated 01.07.2005 N 78-FZ, dated 30.06.2006 N 93-FZ,
dated December 29, 2006 N 258-FZ, dated June 26, 2007 N 118-FZ,
dated 02.10.2007 N 225-FZ, dated 18.10.2007 N 230-FZ,
dated December 25, 2008 N 281-FZ, dated December 30, 2008 N 306-FZ,
dated December 30, 2008 N 312-FZ, dated July 19, 2009 N 205-FZ,
dated July 5, 2010 N 154-FZ, dated December 3, 2011 N 386-FZ,
dated 06.12.2011 N 405-FZ, dated 29.06.2012 N 96-FZ,
as amended by Federal laws
dated December 30, 2001 N 194-FZ, dated December 24, 2002 N 176-FZ,
dated 12/23/2003 N 186-FZ, 10/02/2012 N 166-FZ)
In accordance with Federal Law dated October 2, 2012 N 166-FZ, from January 10, 2014, Section I will be supplemented with Chapter VII.1 with the following content:
"Chapter VII.1. Unified information system of notaries."
Section I. Organizational basis for the activities of the notary
Chapter I. General provisions
Article 1. Notary in the Russian Federation
Notary In Russian federation designed to provide in accordance with the Constitution of the Russian Federation, the constitutions (charters) of the constituent entities of the Russian Federation, these Fundamentals, the protection of the rights and legitimate interests of citizens and legal entities through the performance by notaries of notarial acts provided for by legislative acts on behalf of the Russian Federation.
Notarial acts in the Russian Federation are performed in accordance with these Fundamentals by notaries working in a state notary office or engaged in private practice.
The register of state notary offices and notary offices engaged in private practice is maintained by the federal executive body exercising control functions in the field of notaries, in accordance with the procedure established by the Ministry of Justice of the Russian Federation.
If there is no notary in a settlement or a settlement located on an intersettlement territory, the right to perform notarial acts provided for in Article 37 of these Fundamentals is granted, respectively, by the head of the local administration of the settlement and a specially authorized official of the local government of the settlement or the head of the local administration of a municipal district and a specially authorized official local government of the municipal district.
(Part four as amended by Federal Law dated December 25, 2008 N 281-FZ)
Notarial actions on behalf of the Russian Federation on the territory of other states are performed by officials of consular offices of the Russian Federation authorized to perform these actions.
Notarial activity is not a business and does not pursue the goal of making a profit.
Article 2. Notary in the Russian Federation
A citizen of the Russian Federation who has a higher legal education, has completed an internship for a period of at least one year in a state notary office or with a notary engaged in private practice, has passed a qualification exam, has a license for law, is appointed to the position of a notary in the Russian Federation in the manner established by these Fundamentals. notarial activities.
The internship period for persons with at least three years of legal experience may be reduced in accordance with the procedure determined by the Ministry of Justice of the Russian Federation jointly with the Federal Notary Chamber. The duration of the internship cannot be less than six months. The procedure for completing the internship is determined by the Ministry of Justice of the Russian Federation together with the Federal Notary Chamber.
(as amended by Federal Law dated June 29, 2004 N 58-FZ)
When performing notarial acts, notaries have equal rights and bear the same responsibilities, regardless of whether they work in a state notary office or are engaged in private practice. Documents drawn up by notaries have the same legal force.
By Resolution of the Constitutional Court of the Russian Federation of May 19, 1998 N 15-P, part four of Article 2 was recognized as not contradicting the Constitution of the Russian Federation.
A notary engaged in private practice must be a member of the notary chamber.
Article 3. License for the right of notarial activity
A citizen of the Russian Federation who has received a license for the right to do this activity has the right to engage in notarial activities in accordance with these Fundamentals. This requirement does not apply to officials specified in parts four and five of Article 1 of these Fundamentals.
A license for the right of notarial activity (hereinafter referred to as the license) is issued by a territorial body of the federal executive body exercising law enforcement functions and functions of control and supervision in the field of notaries, within a month after passing the qualification exam based on the decision of the qualification commission.
(as amended by Federal Law dated December 29, 2006 N 258-FZ)
The procedure for issuing a license is established by the Ministry of Justice of the Russian Federation. A refusal to issue a license can be appealed to a court within a month from the date of receipt of the decision of the territorial body of the federal executive body exercising law enforcement functions and functions of control and supervision in the field of notaries.
(as amended by Federal Law dated December 29, 2006 N 258-FZ)
A citizen who has received a license, but has not started working as a notary within three years, is admitted to the position of a notary only after re-passing the qualification exam. A notary's assistant does not take the repeated exam.
Article 4. Qualification and appeal commissions
The Qualification Commission takes an exam for persons who have completed an internship and wish to engage in notarial activities.
The qualification commission is formed under the territorial bodies of the federal executive body that carries out law enforcement functions and functions of control and supervision in the field of notaries, with the participation of representatives of the notary chamber. Representatives of the federal executive body exercising control functions in the field of notaries may take part in the work of any qualification commission.
(as amended by Federal Laws dated June 29, 2004 N 58-FZ, dated December 29, 2006 N 258-FZ)
The decision of the qualification commission can be appealed within a month from the date of delivery of its copy to the interested person to the appeal commission.
The appeal commission is formed under the federal executive body exercising law enforcement functions and functions of control and supervision in the field of notaries, together with the Federal Notary Chamber on a parity basis.
(as amended by Federal Law dated December 29, 2006 N 258-FZ)
When considering complaints, the appeal commission requests all necessary materials from the qualification commission. The decision of the appeal commission can be appealed to the court within a month from the date of its adoption.
The regulations on the qualification and appeal commissions are approved by the Ministry of Justice of the Russian Federation jointly with the Federal Notary Chamber.
Persons who fail the qualification exam are allowed to retake it no earlier than one year after the decision of the qualification commission is made.
The legislation of the constituent entities of the Russian Federation may establish other deadlines for retaking the qualification exam.
(as amended by Federal Law dated December 29, 2006 N 258-FZ)
Article 5. Guarantees of notarial activities
The notary is impartial and independent in his activities and is guided by the Constitution of the Russian Federation, the constitutions (charters) of the constituent entities of the Russian Federation, these Fundamentals, other regulatory legal acts of the Russian Federation and constituent entities of the Russian Federation adopted within their competence, as well as international treaties.
A notary in the performance of official duties, as well as persons working in a notary office, are prohibited from disclosing information or documents that have become known to them in connection with the performance of notarial acts, including after resignation or dismissal, except in cases provided for by these Fundamentals .
Information (documents) about notarial acts performed may be issued only to persons in whose name or on whose behalf these acts were performed.
ConsultantPlus: note.
The fourth part of Article 16 of these Fundamentals, which provided for the notary’s obligation to provide a certificate of the value of property to the tax authority, was declared invalid (Federal Law No. 78-FZ of July 1, 2005).
In accordance with the Tax Code of the Russian Federation, bodies authorized to perform notarial acts and notaries engaged in private practice are required to inform the tax authorities about the issuance of certificates of inheritance rights and about the notarization of gift agreements.
Certificates of notarial acts performed are issued at the request of the court, prosecutor's office, investigative bodies in connection with criminal, civil or administrative cases in their proceedings, as well as at the request of bailiffs in connection with the materials on the execution of writs of execution in their proceedings. Certificates on the value of property becoming the property of citizens are submitted to the tax authority in the cases provided for in Article 16 of these Fundamentals. Certificates of will are issued only after the death of the testator.
(as amended by Federal Law dated October 2, 2007 N 225-FZ)
Article 6. Restrictions on the activities of a notary
The notary has no right:
engage in independent entrepreneurial activities and no other activities except notarial, scientific and teaching;
provide intermediary services when concluding contracts.
Article 7. State notary offices
(as amended by Federal Law dated December 29, 2006 N 258-FZ)
State notary offices are opened and abolished by the federal executive body exercising law enforcement functions and functions of control and supervision in the field of notaries, or on its instructions by its territorial body.
Article 8. Notary engaged in private practice
A notary engaged in private practice has the right to have an office, open current and other accounts in any bank, including foreign currency, have property and personal non-property rights and obligations, hire and fire employees, dispose of received income, act in court, arbitration court on his own behalf. name and perform other actions in accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation.
(as amended by Federal Law dated December 29, 2006 N 258-FZ)
The notary uses the services of the state social security system, medical and social insurance in the manner established by the legislation of the Russian Federation.
Article 9. Notarial office work
Notarial paperwork is carried out by notaries in accordance with the rules approved by the Ministry of Justice of the Russian Federation together with the Federal Notary Chamber.
Control over the implementation of the rules of notarial office work by notaries working in state notary offices is carried out by territorial bodies of the federal executive body exercising law enforcement functions and functions of control and supervision in the field of notaries, and in relation to notaries engaged in private practice - in the manner determined by the Ministry Justice of the Russian Federation together with the Federal Notary Chamber.
(as amended by Federal Laws dated June 29, 2004 N 58-FZ, dated December 29, 2006 N 258-FZ)
Article 10. Language of notarial office work
Notarial paperwork is conducted in the language provided for by the legislation of the Russian Federation, the republics within the Russian Federation, the autonomous region and autonomous districts. If the person applying for a notarial act does not speak the language in which notarial paperwork is conducted, the texts of the executed documents must be translated by a notary or translator.
In accordance with the Federal Law of October 2, 2012 N 166-FZ, from January 10, 2014, the title of Article 11 will be stated in a new wording:
"Article 11. Personal seal, stamps and forms of a notary. Electronic signature of a notary," and Article 11 will be supplemented with parts two and three as follows:
“To perform notarial actions with documents in electronic form and transmit information to the unified notary information system, the notary uses an enhanced qualified electronic signature (hereinafter referred to as the qualified electronic signature).
A qualified certificate of an electronic signature verification key is issued by a certification center authorized by the Federal Notary Chamber from among the accredited certification centers."
Article 11. Personal seal, stamps and forms of a notary
The notary has a personal seal with the image of the State Emblem of the Russian Federation, indicating the surname, initials, position of the notary and his location or the name of the state notary office, stamps of identification inscriptions, personal forms or forms of the state notary office.
the federal law “On notaries and notarial activities in Russian Federation»
PROJECT
Section I. Organization of the notary office in the Russian Federation
Chapter 1. General provisions
Article 1. Notary in the Russian Federation
The notary in the Russian Federation (hereinafter referred to as the notary) is a system of notarial entities that organize and carry out notarial activities to certify (witness) indisputable legal facts in order to protect the rights and legitimate interests of citizens and legal entities of the Russian Federation, constituent entities of the Russian Federation. Siysk Federation, municipalities, as well as providing them with qualified legal assistance in the field of civil and other legal relations.
Article 2. Legislation on notaries
Legislation on notaries is based on the Constitution of the Russian Federation and consists of this Federal Law, other federal laws adopted in accordance with the federal laws of the Russian Federation, regulatory legal acts of the President of the Russian Federation and regulatory legal acts of the Government of the Russian Federation regulating notarial activities, as well as from laws and other regulatory legal acts of the constituent entities of the Russian Federation adopted in accordance with this Federal Law.
In the event of conflicts between this Federal Law, other federal laws and other regulatory legal acts regulating notarial activities, this Federal Law shall apply.
Article 3. Notarial activities
Notarial activity, being a public legal activity, ensures that notaries perform notarial actions provided for by the legislative acts of the Russian Federation on behalf of the Russian Federation.
Notarial activity is not an entrepreneurial activity and is not in the nature of providing services.
A notary has no right to carry out entrepreneurial activities, with the exception of scientific, teaching and other creative activities.
Notarial acts on behalf of the Russian Federation on the territory of other states are performed by authorized officials of consular offices of the Russian Federation.
In the event that there is no notary in the notarial district during the year, the territorial body of the Ministry of Justice of the Russian Federation, at the request of the local government body, has the right to vest the authority to perform notarial acts on an official of the local government body.
Notarization of documents guarantees their evidentiary value and public recognition.
Article 4. Government regulationnotaries-al activity
State regulation of notarial activities includes;
establishing the boundaries of the notarial district;
maintaining the state register of notaries;
determining the number of notaries in a notarial district;
control over compliance with the requirements for persons applying for notarial activities;
control and supervision in the field of notarial activities;
publication of normative legal acts in accordance with this Federal Law regulating notarial activities;
exercise of other powers.
Article 5.Independence when committing notaryal actions
When performing notarial acts, the notary and the person authorized to perform them are independent and subject only to the law. Any interference in the performance of notarial acts that is not based on the law is unacceptable.
Article 6.The secret of notarial action
The notary and other persons authorized to perform notarial acts are obliged to maintain the secrecy of the notarial act and do not have the right to disclose information that became known to them during its performance. These requirements apply to notary assistants and trainees, as well as to other persons who, due to the performance of official duties, may have access to information and (or) documents about performed notarial actions.
Information about completed notarial actions, documents or copies of documents stored by a notary are provided at the request of persons on behalf of or in relation to whom these actions were performed, or on their behalf, at the request of a court of general jurisdiction, an arbitration court, authorities prosecutor's office, bailiff service (bailiffs), investigative bodies in connection with criminal or civil cases under investigation.
The notary's seal and registers for registering notarial acts are not subject to confiscation.
Before the opening of the inheritance, the notary has no right to disclose information concerning the contents of the will, its execution, modification or cancellation. Certificates of will are issued only after the death of the testator.
Original notarial documents confiscated from a notary must be returned to the notary.
6. In cases and in the manner established by the legislation of the Russian Federation, information on the value of property transferred by inheritance or donation is provided by notaries to the tax authorities.
7. A person who has suffered harm as a result of the disclosure of information constituting the secret of a notarial act has the right to apply to the court for compensation for the damage caused to him by these actions.
Article 7.Financing of notarial activities
Notarial activities are carried out at the expense of budgetary and non-budgetary sources, which are determined supreme body legislative power of the Russian Federation.
The notary, at the expense of funds received as a fee for the completed notarial act in the form of a notarial tariff and payment for technical and consulting work, finances the costs of purchasing, renting, maintaining and logistically supporting a notary office, professional risk insurance liability, remuneration and social security of notary assistants and other persons working for the notary, performance of duties of members of the notary chamber, advanced training and other costs. These costs are included in professional deductions in accordance with tax legislation.
Article8. Material liability notaries
Damage caused through the fault of a notary as a result of a notarial act or an unjustified refusal to perform a notarial act, recognized in court as not complying with the law, is subject to compensation from the notary's insurance amounts.
The notary bears full financial responsibility for performing notarial acts and has the right to certify transactions only if the notary's insurance amounts are not lower than the transaction price.
Article 9.Notary professional liability risk insurance
A notary is obliged to insure the risk of his professional liability for the period of carrying out notarial activities. Minimum sum insured must be at least five hundred thousand rubles.
The notary has no right to perform his duties without concluding an insurance contract.
The Federal Notary Chamber and the notary chamber of a constituent entity of the Russian Federation have the right to provide additional insurance for the risk of professional liability of a notary.
When terminating an insurance contract for the risk of professional liability of a notary, the insurance organization is obliged to notify the territorial body of the Ministry of Justice of the corresponding subject of the Russian Federation and the notary chamber of the corresponding subject of the Russian Federation within three days after the termination of the contract.
The procedure for insuring the risk of a notary's professional liability is determined by the federal law on compulsory insurance of a notary's liability when performing notarial acts.
Article10. Payment for notarial acts
For performing notarial acts, notaries charge a fee in accordance with notarial tariffs.
The size of notary fees is established annually by the Government of the Russian Federation on the proposal of the Ministry of Finance of the Russian Federation and the Ministry of Justice of the Russian Federation.
In cases where, when performing a notarial act, a notary draws up draft documents, checks the submitted draft documents for compliance with the law, conducts legal consultations, and also prepares documents, including their copies and duplicates, extracts from them, fees for the specified types of work is determined by agreement between the notary and the person applying to the notary.
4. Funds received by the notary after paying expenses for the acquisition (rent) of premises of notary offices, their maintenance, equipment, creation of jobs and payment wages to the notary's assistants and other persons working for the notary, taxes, the performance of duties of members of the notary chamber, as well as reimbursement of other expenses associated with ensuring the implementation of notarial activities, remain at the disposal of the notary.
Persons authorized to perform notarial acts collect state fees in accordance with the legislation of the Russian Federation.
Chapter 2.Notary status
Article 11. Notary in the Russian Federation
Notary is an individual who, in accordance with this Federal Law, has the authority to carry out notarial activities on behalf of the Russian Federation and meets the requirements of this Federal Law.
When performing notarial acts, notaries have equal rights and bear equal responsibilities. Notarial documents certified and witnessed by them have equal legal force.
Article 12. Notary's assistant
A notary has the right to have an assistant (assistants), who may be a person who meets the requirements of Article 18 of this Federal Law.
The rights and obligations of a notary's assistant are determined by this Federal Law, as well as by the agreement between the notary and the notary's assistant.
A notary's assistant, on behalf of a notary, has the right to participate in the performance of notarial acts, draw up draft transactions, statements and other documents, make copies and duplicates of documents, extracts from them, and also give explanations on issues of performing notarial acts.
Article 13. Procedure for temporarily replacing a notary with an assistant notary
Temporary replacement of a notary by an assistant notary is carried out on the basis of an agreement between the notary and the notary's assistant. The duration of the agreement cannot exceed three years. The agreement is subject to registration with the territorial body of the Ministry of Justice of the corresponding constituent entity of the Russian Federation, which issues an order granting the notary's assistant the authority to perform notarial acts.
Temporary replacement of a notary by an assistant notary is carried out until the termination of the circumstances with which the temporary replacement was associated.
Temporary replacement of a notary by an assistant notary is not allowed in cases of suspension of the powers of a notary, as well as termination of his powers or deprivation of powers of a notary.
In the absence of a notary for one month or more, a notary or a notary's assistant sends a corresponding notification in writing to the territorial body of the Ministry of Justice of the corresponding subject of the Russian Federation and the notary chamber of the corresponding subject of the Russian Federation.
Temporary replacement of a notary is carried out for a fee in the amount determined by the agreement between the notary and his assistant.
A person temporarily replacing a notary uses the notary's seal in his work.
Responsibility for damage caused by the actions of an assistant temporarily replacing a notary shall be borne by the replaced notary. In this case, the notary has the right to bring a recourse claim to the assistant temporarily replacing him in the amount of damage caused, unless otherwise provided by the contract.
Article 14.Notary stamp
The notary has a seal on which the state emblem of the Russian Federation is depicted, the surname and initials of the notary, and the place of activity are indicated.
The notary's seal is made according to a single sample in accordance with the standard at the expense of the authorized notary.
An imprint of the notary's seal and a sample of the notary's signature are stored in the territorial body of the Ministry of Justice of the corresponding subject of the Russian Federation.
When the powers of a notary are suspended, he is obliged to submit his seal for temporary storage to the territorial body of the Ministry of Justice of the relevant constituent entity of the Russian Federation within three days from the date of the decision to suspend the powers of the notary.
When the powers of a notary are terminated or a notary is deprived of his powers, he is obliged to hand over the seal to the territorial body of the Ministry of Justice of the relevant constituent entity of the Russian Federation within three days from the date of such termination or deprivation of the powers of the notary. If the notary is unable to hand over the seal, it is confiscated by the territorial body of the Ministry of Justice of the corresponding subject of the Russian Federation.
Article 15.State register of notaries
The territorial body of the Ministry of Justice of the corresponding subject of the Russian Federation maintains the State Register of notaries carrying out notarial activities in the subject of the Russian Federation.
The form and procedure for maintaining the State Register of Notaries are approved by the Ministry of Justice of the Russian Federation.
Article 16.Notary rights
When carrying out notarial activities, a notary has the right to:
open settlement, deposit, currency and other accounts with credit institutions;
receive in the prescribed manner from state authorities, local governments, organizations, and also request from individuals and legal entities, regardless of their form of ownership, information and documents necessary to perform notarial acts. The specified information and documents must be submitted to the notary no later than ten days from the date of request by the notary;
conclude with individuals and legal entities, respectively, employment contracts and civil contracts related to ensuring the implementation of notarial activities;
enjoy other rights established by this Federal Law, the legislation of the Russian
Federation and laws on the organization of notarial activities of the constituent entities of the Russian Federation.
Article 17.Responsibilities of a notary
The notary is obliged:
comply with the rules for performing notarial acts established by the legislation on notaries;
keep the secrecy of notarial acts; conduct notarial office work and notarial archives in accordance with established rules;
insure the risk of your professional liability;
observe the regime for receiving citizens and representatives of legal entities;
improve skills;
observe professional ethics, not perform actions incompatible with the profession of a notary;
give:
information about completed notarial actions to the tax authorities in cases and in the manner established by the legislation of the Russian Federation;
an annual report on notarial activities in the form approved by the Ministry of Justice of the Russian Federation to the notary chamber of the relevant constituent entity of the Russian Federation;
documents and information about notarial activities to persons authorized to conduct inspections of notarial activities;
fulfill other duties established by this Federal Law, the legislation of the Russian Federation and the laws on the organization of notarial activities of the constituent entities of the Russian Federation.
Chapter 3. Conditions and procedure for vesting persons with the powers of a notary
Article 1 8.Requirements for a personclaim-applying for notarial activities
1. A notary in the Russian Federation can be
person appointed:
is a citizen of the Russian Federation;
permanently residing on the territory of the Russian Federation;
having a higher legal education, received in the Russian Federation at an educational institution of higher professional education that has state accreditation, or received in another state and recognized in the Russian Federation in the prescribed manner;
completed a professional internship with a notary;
having a qualification certificate;
having worked in a notary's office as a notary's assistant with the right to temporarily perform the duties of a notary for at least three years;
passed the competitive selection.
2. A person cannot apply for notarial activities:
convicted of committing an intentional crime;
exempted from criminal liability for an intentional crime as a result of an amnesty act;
deprived of the powers of a notary;
recognized as incompetent, of limited capacity in the manner established by the legislation of the Russian Federation.
Article 19.Professional internship for a personunder-preparing him for the implementation of notarialactivities
1. Professional internship is carried out in order to prepare a person who meets the requirements of paragraphs 1, 2,3, part 1 of Article 1 8 of this Federal Law to carry out notarial activities and obtain a qualification certificate (hereinafter also referred to as an intern).
The professional internship of the person specified in Part 1 is carried out for two years with a notary who has at least five years of notarial experience.
More than one intern cannot simultaneously undergo a professional internship with a notary.
The trainee enters into an employment contract with the notary chamber of the corresponding constituent entity of the Russian Federation.
The number of trainees in a constituent entity of the Russian Federation is determined annually by the board of the notary chamber of the constituent entity of the Russian Federation.
The Notary Chamber of a constituent entity of the Russian Federation has the right to conduct an exam on knowledge of the legislation of the Russian Federation for persons wishing to become interns.
Article 20.Qualification exam for persons applying for notarial activities
The qualification exam for persons applying to carry out notarial activities is carried out, as a rule, once a year by a qualification commission, which is created by a joint decision of the territorial body of the Ministry of Justice of the corresponding subject of the Russian Federation and the notary chamber of the corresponding subject of the Russian Federation.
The qualification commission includes, on a parity basis, representatives of the territorial body of the Ministry of Justice of the corresponding subject of the Russian Federation and the notary chamber of the corresponding subject of the Russian Federation.
The chairman of the qualification commission is the head of the territorial body of the Ministry of Justice of the corresponding constituent entity of the Russian Federation. The president of the notary chamber of the corresponding constituent entity of the Russian Federation is the deputy chairman of the qualification commission.
The regulations on conducting the qualification exam are approved by the Ministry of Justice of the Russian Federation jointly with the Federal Notary Chamber.
A person who meets the requirements of Article 18 of this Federal Law has the right to take qualifying exams.
A person who has successfully passed the qualification exam is issued a qualification certificate by the territorial body of the Ministry of Justice of the corresponding constituent entity of the Russian Federation.
9. The decision of the qualification commission can be appealed to the court within ten days from the date of its receipt by the person who passed the qualification exam.
LawThe notary in the Russian Federation is called upon to ensure, in accordance with the Constitution of the Russian Federation, the constitutions (charters) of the constituent entities of the Russian Federation, the Fundamentals of the legislation of the Russian Federation on notaries, the protection of rights
In accordance with the Regulations on the Ministry of Justice of the Russian Federation, approved by Decree of the President of the Russian Federation dated October 13, 2004 No. 1313, the Ministry of Justice of the Russian Federation carries out the functions of developing and implementing
First of all, this concerns the notary, whose place in the system of regulation of such legal relations is not clearly defined
CodeThe adoption of the Concept for the Development of the Civil Code of the Russian Federation and the development of a new edition of the first part of the Civil Code of the Russian Federation require clarification of the tasks of individual legal institutions of the Russian Federation that regulate civil legal relations.