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Lecture notes, cheat sheets
Notaries. Cheat sheet: briefly, the most important
Directory / Lecture notes, cheat sheets Table of contents
1. The concept of a notary Notary - this is a system of special authorized bodies that carry out notarial acts on a professional basis on behalf of the state in cases and in the manner established by the current Russian legislation. In many countries, it is assumed that reliable protection of the rights and interests of subjects of civil legal relations is notarization and certification of documents by special authorized bodies and officials. Traditionally they are called notarial authorities. Central to them belongs to notary as an independent subject of legal relations. The Russian Federation has a special notary institute, the legal basis of which is the Fundamentals of the legislation of the Russian Federation on notaries of 1993. According to the Fundamentals, the notary 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 by performing by notaries the notarial actions provided for by legislative acts from the name of the Russian Federation. It is provided that notarial acts in the Russian Federation are performed by notaries working in a state notary's office or engaged in private practice. This provision indicates that after a long break (since 1917), the foundations of private (non-state) notaries. The register of notary offices is maintained by the federal executive body that exercises control functions in the field of notaries, in the manner established by the Ministry of Justice of the Russian Federation. These functions are currently performed by the Federal Registration Service, which is a body of justice. In the absence of a notary in the settlement, the head of the local administration of the settlement and a specially authorized official of the local self-government of the settlement have the right to perform notarial acts. Notarial actions on behalf of the Russian Federation on the territory of other states are performed by officials of the consular institutions of the Russian Federation authorized to perform these actions. Basics Consider notary as two concepts: organ system and special actions. This gives grounds for different interpretations of the term notaries. The traditional point of view comes from the fact that the notary is considered system of special organs. The academic discipline "Civil Procedural Law" pays the greatest attention to the organization of notaries, which considers notaries within the framework of a non-judicial form of protection of civil rights. Another point of view comes from the fact that the notary is primarily system of special notarial actions. To whom the state provides the implementation of these actions is secondary. This definition is justified by the fact that the scientific literature considers notarial activity as a category. The basics of notaries do not include the concept of a notary, but they often talk about notarial activities, which can be carried out by both notaries and other officials. 2. The concept of notarial activity Notarial activity - this is the activity of a special system of bodies carried out in order to protect the rights and legitimate interests of participants in civil circulation (citizens and legal entities), which consists in the commission on behalf of the state of reimbursable notarial acts provided for by Russian law. It should be highlighted features of notarial activity. 1. Main task - protection of the rights and legitimate interests of citizens and legal entities. It should be noted that the Civil Code of the Russian Federation does not mention the notary among the bodies that protect civil rights. 2. On your own nature notarial activity is law enforcement activity, which makes it possible to classify the notary as a system of law enforcement agencies. 3. Notarial activities are carried out on behalf of the state is a kind of professional legal activity, is a guarantee of the right of a citizen to qualified legal assistance. The implementation of notarial acts on behalf of the state emphasizes its official and public status. In particular, according to the Fundamentals of Notaries, a notary has a personal seal with the image of the State Emblem of the Russian Federation. 4. Essence notarial activity consists in the participation of a notary by certifying indisputable legal facts in civil circulation. Participation of a notary is very specific: he is not a subject of a civil legal relationship that arises between persons who apply to him. A notary is not entitled to perform notarial acts in his own name and on his own behalf. His duties are that he checks the legal capacity of citizens and the legal capacity of legal entities, refuses to perform a notarial act if the commission of such an act is contrary to law, certifies transactions, etc. 5. Notarial activity is compensatory character, although it is not considered entrepreneurship, it does not pursue the goal of making a profit. A notarial act is recognized as completed after payment of the state fee or the amount according to the tariff. 6. Notarial activity is legal activity, it is strictly regulated by law and formalized. Compliance with the procedural form is a mandatory condition for the legality of performing a notarial act. The list of notarial actions, the right to perform which belongs to notaries, is fixed by law. A notary cannot independently expand his powers by performing notarial acts not provided for by Russian legislation. Legislative acts of the Russian Federation may also provide for other notarial actions. If the applicant asks the notary to perform a notarial act not provided for by law, the notary must refuse to perform it. 3. System of notary bodies Article 1 of the Fundamentals of the Notaries establishes a list of entities that collectively make up the system of notarial bodies. It includes: - notaries working in the state notary's office; - notaries in private practice; - the head of the local administration of the settlement and a specially authorized official of the local self-government of the settlement; - officials of consular offices. Thus, the notarial system includes both notaries and officials, for whom notarial activity is only an additional function. Accordingly, the status of each subject is different. The Fundamentals of Notaries significantly limit the list of notarial actions performed by the head of the local administration of the settlement and a specially authorized official of the local government of the settlement (the condition is called “in the absence of a notary in the locality”). Legislative acts of the Russian Federation may entrust these officials with performing other notarial actions. Article 2 of the Federal Law "On the general principles of the organization of local self-government in the Russian Federation" head of the local administration is the head of the municipality or a person appointed to the position of the head of the local administration under a contract concluded on the basis of the results of a competition to fill the specified position for a term of office determined by the charter of the municipality. Fundamentals of notaries provide for notarial acts performed by officials of consular institutions of the Russian Federation. The list of their powers indicates that the status of these officials is closest to that of a notary. The Consular Charter of the USSR (1976) contains Ch. XII "Notary actions". In accordance with the Regulations on the Consular Office of the Russian Federation, approved by the Decree of the President of the Russian Federation of November 5, 1998, Consular office is the state body for external relations of the Russian Federation, which performs consular functions on behalf of the Russian Federation within the limits of the corresponding consular district on the territory of the receiving state. The consular institution is part of the system of the Ministry of Foreign Affairs of the Russian Federation. In the host state, the functions of coordination in relation to the Consular Office are performed by the head of the diplomatic mission of the Russian Federation, who is also granted the right to carry out notarial acts within his competence. Consular office depending on the class headed respectively consul general, consul, vice consul, consular agent. 4. Notaries as an academic discipline It should be noted that this discipline in Russia is not mandatory in the specialty "Jurisprudence" and is not included in the state educational standard. In some Western countries, there is a special academic specialization, the passage of which is a prerequisite for admission to the profession. In the Netherlands, a notary candidate must pass an examination for a degree called doctoral. Moreover, this exam is given only after the completion of the university program "Notarial Law". Notaries in the Russian Federation - complex academic discipline, which mainly includes various institutions of three branches of law - administrative, civil, civil procedural. It should be noted that administrative law is the subject of joint jurisdiction of the Russian Federation and its subjects, and the other two branches of law are the subject of jurisdiction of the Russian Federation, which excludes the adoption of laws by subjects of the Russian Federation in the field of civil and civil procedural relations. It can be conditionally distinguished three elements of a notary as an academic discipline: - organization of notary bodies (legal status of a notary, procedure for appointment to a position, control over the activities of a notary, management of a notary, legal status of notary chambers, etc.); - jurisdictional activities of a notary (rules for performing notarial acts, grounds for refusing to perform notarial acts, judicial appeal against notary acts); - the content of the law enforcement activities of a notary (the essence of the notarial form of the contract, substantive rules of law as the basis of the notary's activities). The subject of notaries as an academic discipline a set of opinions, views, judgments, points of view of representatives of legal science on the legal norms that constitute in their unity the legislation on notaries. In the academic discipline "Notaries" it is possible to distinguish material and procedural components. Substantive norms will form such institutions that determine the status of a notary in the Russian Federation, his rights and obligations, the status of state notarial management bodies, as well as notary chambers, the procedure for empowering a notary and some other issues. Procedural rules constitute the rules of notarial office work. 5. Powers of the Ministry of Justice of the Russian Federation in the field of notarial management The Ministry of Justice of the Russian Federation is a federal executive body that performs the functions of developing and implementing state policy and legal regulation in the established field of activity, including in the field of notaries. The Regulation on the Ministry of Justice of Russia was approved by Decree of the President of the Russian Federation of October 13, 2004. Ministry of Justice of Russia performs the following powers: - approves the forms of registers of registration of notarial acts, notarial certificates and certification inscriptions; - approves the procedure for maintaining the register of state notary offices and notary offices engaged in private practice; - determines the procedure for the internship of persons wishing to engage in notarial activities in the future. This authority is exercised jointly with the Federal Notary Chamber (FNP); - establishes the procedure for issuing licenses for the right to carry out notarial activities; - approves the provisions on the qualification and appeal commissions. This authority is exercised jointly with the FNP. The regulation on the qualification commission for taking an exam for persons wishing to obtain a license for the right to notarial activity was approved by order of the Ministry of Justice of Russia dated April 14, 2000. notarial activities, approved by order of the Ministry of Justice of Russia dated June 21, 2000; - approves the rules of notarial office work for notaries; carried out jointly with the FNP; - determines the procedure for holding a competition for filling the positions of notaries; approved jointly with FNP; - determines the procedure for transferring documents kept by a notary whose powers are terminated to another notary; the authority is exercised jointly with the FNP; - establishes the procedure for performing notarial acts by the heads of local administrations of settlements and specially authorized officials of local self-government of settlements. The instruction on the procedure for performing notarial acts was approved by the Ministry of Justice of Russia on March 19, 1996. 6. Powers of the federal registration service in the field of notarial management The Federal Registration Service is a federal executive body that performs law enforcement functions and functions of control and supervision in various areas, including in the field of notaries. The Fed does the following authority in the field of notaries: - maintains a register of state notary offices and offices of notaries engaged in private practice; - forms, together with the FNP, an appeals commission to consider complaints against decisions of qualification commissions for taking exams from persons wishing to obtain a license for the right to carry out notarial activities; - opens and abolishes state notary offices in the subjects of the Federation; - empowers notaries on a competitive basis to perform notarial acts on behalf of the Russian Federation; - organizes the issuance of licenses for the right to notarial activities. The issuance itself is carried out by the territorial bodies of the Federal Reserve; - certifies the authenticity of the signature of the notary and the imprint of his seal when legalizing documents submitted by individuals and legal entities to the competent authorities of foreign states: - exercises control over the performance of professional duties by notaries in accordance with the established procedure; - determines, together with the FNP, the number of notary positions in the notarial district, the procedure for changing the territory of the notary's activity, the procedure for establishing and liquidating the position of a notary. 7. Powers of the territorial bodies of the federal executive body exercising the functions of control in the field of notaries In accordance with the Decree of the Government of the Russian Federation of May 27, 1993 "On the procedure for the creation and activities of territorial bodies of ministries and departments of the Russian Federation", the Federal Registration Service created the corresponding territorial departments in the constituent entities of the Russian Federation. The powers of the territorial bodies of the federal executive body exercising the functions of control in the field of notaries include: - issuance of a license for the right of notarial activity; - creation of a qualification commission for taking an exam for persons wishing to obtain a license, indicating its numerical composition and the number of candidates for members of the commission submitted by the notary chamber. Approval of its personal composition; - opening and abolition of state notary offices; - control over the execution of notarial office work; - Appointment to the position of trainee and assistant notary in the state notary's office; - empowering a notary public on the basis of the recommendation of the notarial chamber; - control over the performance of professional duties by notaries working in the state notary's office; - registration of regional notary chambers. Some administrative functions of the justice bodies are implemented together with the relevant notary chamber - a professional association of notaries. To such powers relate: - passing a qualification exam for license applicants for the right to notarial activities. The qualification commission is created with the participation of representatives of the notarial chamber; - control over the implementation of the rules of notarial office work in relation to notaries engaged in private practice; - Establishment and liquidation of the position of a notary; - holding a competition in deciding the issue of empowering a notary with powers; - making a decision on the transfer of documents kept by notaries whose powers are terminated to another notary; - change of the territory of activity of the notary; - granting the powers of a notary to a person replacing a temporarily absent notary. The mechanism for coordinating joint decisions (of the notarial chamber and the body of justice) was not regulated by federal legal acts for a long time. At present, the general concept of legal regulation proceeds from the fact that the competence of a public authority cannot be paralyzed by the actions of a non-governmental organization. Departmental acts adopted in the development of the Fundamentals of the Notaries, establish the terms for consideration of the submissions of the justice authorities to the notary chamber. In case of refusal to agree or no response, the body of justice makes a decision independently. 8. Judicial control over the performance of notarial acts Traditionally, in the activities of state bodies, there is a distinction between control, in which the legality and expediency of activities are checked, and supervision, which is limited only to checking the legality. Despite the fact that Art. 33 of the Fundamentals of Notaries is called "Judicial control over the performance of notarial acts", in fact, its content refers to on judicial review: "The refusal to perform a notarial act or the incorrect performance of a notarial act is appealed in court." The procedure for considering a complaint is determined by the Code of Civil Procedure of the Russian Federation. The Constitution of the Russian Federation provides for the right of every citizen to judicial protection, being also the basis for appealing the actions (inactions) of a notary. In order for the state mechanism of protection to be activated, it is necessary to have a statement from the person concerned (in this case, the person who applied for the notarial act). Only a refusal to perform a notarial act or an incorrect performance of a notarial act may be appealed. It should also be taken into account that the Fundamentals of Notaries do not provide the concept of "wrong performance of an action." The Code of Civil Procedure of the Russian Federation establishes that any interested person who considers a notarial act performed incorrect or a refusal to perform a notarial act, has the right to file an application for this with the court at the location of the notary or at the location of the official authorized to perform notarial acts. Interested persons should be understood as those persons in respect of which notarial acts are to be performed, as well as those citizens and legal entities who were directly involved in the performance of notarial acts. Statement filed with the court within 10 days from the date when the applicant became aware of the notarial act performed or the refusal to perform the notarial act. The application must contain the request of the applicant to cancel the notarial action or the obligation of the notary to perform the corresponding notarial action. A dispute about the law that has arisen between interested parties, based on a notarial act performed, is considered by the court in the order of action proceedings. According to the Code of Civil Procedure of the Russian Federation, an application for a notarial act performed or a refusal to perform it is considered by a court with the participation of the applicant, as well as a notary, an official who performed a notarial act or refused to perform a notarial act. However, their failure to appear is not an obstacle to the consideration of the application. The decision of the court, by which the application for the performed notarial action or the refusal to perform it, is satisfied, cancels the performed notarial action or obliges to perform such an action. 9. Control over the performance of professional duties by notaries The Fundamentals of Notaries establish that control over the performance of professional duties by notaries working in public notary offices are carried out by the federal executive body, which performs the functions of control in the field of notaries, and its territorial bodies, and notaries involved in privately owned practice, - notary chambers. Checking the organization of the work of a notary is carried out once every four years. The first check of the organization of the work of a notary who has started to carry out notarial activities for the first time must be carried out one year after granting him the powers of a notary. However, the legislation of the constituent entities of the Russian Federation may provide for other terms for conducting inspections of the organization of the work of a notary. Is fixed duty of a notary provide officials authorized to conduct inspections with information and documents relating to settlements with individuals and legal entities. Control over notaries engaged in private practice is carried out only by notary chambers. These powers are deprived of state bodies of justice. However, the notary acts on behalf of the state, so the state must exercise control over the activities carried out on its behalf. State bodies carry out legal regulation. The court is competent to make a decision on the prohibition to engage in private notarial activities. Established criminal liability for abuse of power by private notaries. The justice authorities carry out preliminary control, as they issue licenses for the right to notarial activities, issue an order for the appointment of a notary, and perform a number of other functions. But all these powers are not connected with the most professional activity of a notary. This control precedes the implementation of notarial activities and, apparently, is justified, as it helps to ensure that a high-level professional with the necessary knowledge of jurisprudence becomes a notary. However, such a procedure does not guarantee that a person who has successfully passed the competition will always comply with the current legislation and be guided by the protection of human rights in his activities. The Fundamentals of the Notary Public also establish that control over compliance with tax legislation is carried out by the tax authorities in the manner and within the time limits stipulated by the legislation of the Russian Federation. 10. The concepts of "Notarial office work" and "Procedure for performing notarial actions" Fundamentals of a notary draw a line between notarial office work and the procedure for performing notarial acts. According to the Fundamentals of Notaries, notarial office work is carried out by notaries in accordance with the rules approved by the Ministry of Justice of the Russian Federation together with the FNP. The procedure for performing notarial acts by notaries is established by the Fundamentals and other legislative acts of the Russian Federation and the constituent entities of the Russian Federation. The level of these normative acts indicates that the procedure for performing notarial acts is of greater importance in the institution of notaries than notarial office work. At the same time, the Fundamentals of Notaries provide for the following: - the procedure for performing notarial acts by officials of consular institutions is established by legislative acts of the Russian Federation; - the procedure for performing notarial acts by the heads of local administrations of settlements and specially authorized officials of local self-government of settlements is established by the Instruction on the procedure for performing notarial acts, approved by the Ministry of Justice of the Russian Federation. Currently, there is an Instruction on the procedure for performing notarial acts by officials of executive authorities (approved by the Ministry of Justice of the Russian Federation on March 19, 1996). Section II of the Instruction is called "Basic rules for notarial acts", section III is devoted to the rules for performing certain types of notarial acts. In other words, the procedure for performing notarial acts is identical to the concept of "rules for performing notarial acts". The procedure for the performance of notarial acts by officials of consular institutions is established by Ch. XIII Consular Charter of the USSR. The procedure for performing notarial acts by notaries is regulated by a single law - the Fundamentals of Notaries, where procedure also refers to the relevant rules. In this way, procedure for performing notarial acts - These are the rules for the performance of notarial acts enshrined in the legislative way. Rules of notarial office work are an official document that establishes mandatory requirements for the organization of storage, accounting and use of notarial documents, as well as other documents necessary for the normal functioning of a notary. 11. The concept of a notarial deed The concept of "notarial deed" as a category is used primarily abroad and is identified with the end product of notarial activity. Fundamentals of notaries do not contain the concept of "notarial deed". At the same time, it is considered in two senses: 1) as a notarial act for which a notary is authorized; 2) as a document subject to strict formalized requirements. A notarial act is a kind of individual legal act of management, which leads to the spread of general qualities to this type, taking into account certain features. 1. A notarial deed is drawn up only by an authorized person. The list of entities that have the right to carry out notarial activities is listed in the Fundamentals of Notaries, is exclusive and can only be changed by law. 2. A notarial deed cannot be issued without the initiative of the person who applied to the notarial body. A notary cannot, on his own initiative, draw up any notarial deed in relation to another person. 3. A notarial deed is a legally authoritative expression of the will of a notarial body. 4. The notarial deed is under the law. 5. The notarial deed is under control. Incorrect performance of a notarial act is appealed in court. At the same time, a notarial act cannot change a judicial decision. Administrative appeal of the notarial act is not provided. 6. A notarial deed is a written document. 7. A notarial deed is drawn up in compliance with certain (officially established) rules. The notarial deed must be properly executed. 8. A notarial deed is obligatory for execution. It can be canceled by the persons who applied for it to the notary body, or challenged in court. 9. A notarial deed is the basis for the emergence, change or termination of legal relations. 10. A notarial deed is issued by a person who carries out notarial activities solely. The license for the right of notarial activity is individual, it is issued only to an individual. The distinguished features allow us to formulate definition of a notarial deed. This is an official document accepted by an authorized person, drawn up in accordance with established rules, on the basis of an individual appeal, giving rise to appropriate rights and obligations, binding, consisting in the application of a rule of substantive law to the identified factual circumstances. 12. The concept of a notarial district Fundamentals of the notary The establishment of the position of a notary is associated with the concept of "notarial district". The number of positions of notaries in the notarial district is determined by the body of justice together with the notarial chamber. According to the Basics notarial district - the territory of activity of the notary, which is established in accordance with the administrative-territorial division of the Russian Federation. In cities that have a district or other administrative division, the entire territory of the city is a notarial district. When appointing a notary in the order of the body of justice, the district is indicated as the place of activity of a particular notary. This means that the performance of official functions cannot be abstract, but is associated only with the indicated territory. Accordingly, a notary cannot personally change the boundaries of his professional activity. However, the performance by a notary of a notarial action outside his notarial district does not entail the recognition of the invalidity of this action. In addition, the notary has the right to travel to another notarial district to certify the will in the event of a serious illness of the testator in the absence of a notary in the notarial district at that time. The existence of a notarial district determines certain consequences. First, the a notary must have a place to perform notarial acts within the notarial district in which he is appointed to office. Violation of this rule may result in disciplinary action. Second, the in some cases, a person applying for a notarial act is bound by the territory of service of an individual notary. The general rule proceeds from the fact that every citizen has the right to apply to any notary in order to perform a notarial act. However, the law provides for cases when a notarial act can be performed only by a certain notary: 1) when it is expressly provided for by the Fundamentals of Notaries (for example, certification of contracts for the alienation of a residential building, apartment, summer house, garden house, garage, as well as a land plot is carried out at the location of the said property): 2) in cases provided for by other legislative acts of the Russian Federation (for example, in accordance with the Civil Code of the Russian Federation, an inheritance case is opened at the last place of residence of the testator); 3) when it is provided for by the legislation of the subject of the Federation (for example, Article 10 of the law of the Voronezh Region of June 12, 1997 "On Notaries" divides the notarial district into service areas for inheritance cases. The notary is obliged to accept for processing all cases related to registration of the inheritance on the assigned territory. him territorial zone). The concept of "notarial district" should be distinguished from the concept of "place of notarial action". 13. The concept of a notary's office The activity of a notary is directly related to the concept of "notary's office". This term was used by the legislation of the Soviet period, but the meaning given to it at present has changed somewhat and needs further clarification. The USSR Law "On State Notaries" established that "state notary offices are organized in the USSR to perform notarial acts." Further, a list of officials (employees) of the notary's office, who have the right to directly perform notarial acts, was fixed. The notary as a system of institutions was a collection of notary offices. Fundamentals of notaries initially establish the status of an individual subject - a notary: notarial acts are performed by notaries working in a state notary's office or engaged in private practice. In this way, a notary's office is a space where notarial acts are performed. At the same time, neither the Fundamentals of Notaries nor regional legislation fully reflect this logic of the law, confusing the meaning of a notary office - an independent subject of legal relations and a notary office - the place (in the technical sense) of performing notarial actions. Regional legislation partially fills this gap. Thus, the law of the Novgorod region “On the regulation of notarial activities” stipulates: “To perform notarial acts, a notary must have a premises (office, bureau - hereinafter referred to as office) on the territory of the notarial district in which he is appointed to the position.” At the same time, the premises must be suitable for unhindered access by citizens and representatives of legal entities, maintaining the secrecy of notarial acts, as well as the safety of notarial documents. When switching to private practice, a notary must provide information about the premises in which notarial acts will be performed. The order of the judicial authority on granting powers to a notary shall also indicate the location of the notary's office. She is assigned a number. At the same time, the law of the Novgorod region establishes that a passport is issued for the premises of a notary office, which indicates not only the legal address of the office, telephone, telefax, but also the legal status of the premises (ownership, rent, etc.), the total area of the premises, the number of rooms, office operating hours, availability of archive space. It should be noted that most regional acts on notaries outline the range of requirements for the place where the notarial act is performed. 14. Establishment of the position of a notary In accordance with the Fundamentals of the Notaries, the position of a notary is established and liquidated in the manner determined by the federal executive body exercising law enforcement functions and functions of control and supervision in the field of notaries, together with the Federal Tax Service. The number of positions of notaries in a notarial district is determined in accordance with the procedure approved by the federal executive body. It should be noted that the necessary regulations have not yet been adopted. The fundamentals of notaries also link the establishment of the position of a notary with the vesting of the notary with the appropriate powers, which is not entirely correct. The establishment of a position is the establishment of a staff unit to which a notary may subsequently be appointed. A position may be vacant for some time, which does not mean it is not available. Characterization notary positions include: - social status, which predetermines the relations of a notary with officials of the body of justice, the notarial chamber, relations with citizens in the process of notarial activities; - organizational status, which determines the place in the structural unit of the relevant apparatus. In relation to a public notary, this means that a person replaces a structural staff unit in a public notary's office; - legal status implies the scope of powers, which includes both general rights and obligations, as well as special ones. General rights and obligations are inherent in any notary, enshrined in the Fundamentals of the notary. Special ones are inherent only to a specific person and depend primarily on the territory where notarial activities are carried out. In particular, special competence is associated with the procedure for processing inheritance cases. Not all privately practicing notaries have the right to deal with the execution of such cases, but only those who have been granted such a right by order of the justice authority of the constituent entity of the Russian Federation. In practice, the number of positions of notaries in a notarial district is determined based on various factors. For example, the law of Moscow dated April 19, 2006 "On the organization and activities of a notary in the city of Moscow" establishes that in the city of Moscow the number of notaries is determined in accordance with the legislation of the Russian Federation by the state authorities of the city of Moscow based on the ratio: one notary for 15 thousand people. people who have permanent registration at the place of residence in the city of Moscow, in order to accessibility of notarial acts and taking into account the possibility of financial self-sufficiency by each notary of notarial activities. 15. Requirements for the applicant for the position of a notary Basics about notaries determine conditions, in the presence of which a person may have a special status of a notary. 1. Citizenship of the Russian Federation. The law does not provide for the possibility of appointing a foreign citizen or a stateless person to a position. 2. The presence of higher legal education. The Federal Law of August 22, 1996 "On higher and postgraduate professional education" establishes the following levels of higher professional education: "bachelor"; "certified specialist"; "master". A person applying for the position of a notary must submit to the justice authorities bachelor's degree, specialist's degree or master's degree majoring in Jurisprudence. 3. Complete an internship for at least one year in a public notary's office or with a notary in private practice. Currently, there is a procedure approved by the order of the Ministry of Justice of Russia dated June 21, 2000 for the internship by persons applying for the position of a notary. In accordance with the Procedure, the appointment to the position of an intern in a state notary's office is carried out by the justice body by issuing an order on admission to the staff of the relevant state notary's office. Accordingly, the internal labor regulations apply to interns. Appointment to the position of a notary engaged in private practice is carried out by the notary chamber. The body of justice and the notarial chamber, by a joint decision, determine the head of the internship "from among notaries with at least three years of work experience as a notary, if they have the appropriate conditions for organizing the work of an intern." 4. Passing the qualifying exam. 5. Availability of a license the right to notarial activity. Successful passing of the exam is a condition for issuing a license for the right to notarial activity. The procedure for issuing a license is established by the Ministry of Justice of the Russian Federation. However, obtaining a license does not mean automatic appointment to the position of a notary, for which a special procedure is provided. A citizen who has received a license, but has not begun to work as a notary within three years, is admitted to the position of a notary only after re-passing the qualification exam. The re-examination is not provided only for the notary's assistant. 16. Procedure for issuing a license The procedure for issuing a license for the right to notarial activities is regulated by the Administrative Regulations for the Federal Reserve’s execution of the state function of issuing a license for the right to notarial activities, approved by order of the Ministry of Justice of Russia dated July 16, 2007. The applicant submits an application for a license for the right to notarial activities (in the prescribed form) and the necessary documents to the territorial authority The FRS no later than five working days from the date of the decision by the qualification commission on taking the exam from persons wishing to obtain a license for the right to notarial activities. For the issuance of a license, a state fee is charged in accordance with the Tax Code of the Russian Federation. License issuance period for the right to notarial activities should not exceed one month from the date of filing an application for a license for the right to notarial activities. The regulation fixes grounds for refusal to issue a license: - if from the decision of the qualification commission for taking the exam for persons wishing to obtain a license for the right to notarial activity, it follows that the applicant is a person who did not pass the qualification exam; - if the submitted copy of the diploma does not confirm the fact that the applicant has a higher legal education; - if it follows from the conclusion on the results of the internship that the applicant did not complete the internship within the time limits and in the manner established by the Fundamentals of the Notaries and the order of the Ministry of Justice of Russia dated June 21, 2000 "On Approval of the Procedure for the Internship by Persons Applying for the Position of a Notary". Refusal to issue a license for the right to notarial activities is made in writing in the form of a notification. Not later than five days from the date of the decision by the qualification commission, the secretary of the commission submits to the justice authority a decision on passing the exam, a copy of the diploma of higher legal education, a document on the internship with a notary. The regulation defines the procedure for accepting and registering an application for a license, indicating the maximum time that can be spent by a civil servant to perform a particular action. The regulation provides for the procedure for examining the submitted documents for compliance with the Fundamentals of the notary, fixes the mandatory details of the license. The justice authorities are register issued licenses for the right to notarial activities, which is kept for 75 years. The specialist responsible for issuing a license informs the applicant by phone and by e-mail when he can receive a license that is issued to him directly. 17. Liquidation of the position of a notary working in a state notary's office The Fundamentals of the Notaries establish the institution of the liquidation of a position. However, this does not mean a reduction in staffing. The Fundamentals fix the grounds for the dismissal of a notary working in a state notary's office. That is, we are not talking about the liquidation of a position as a structural unit (the position does not disappear), but about termination of the performance of professional functions by a specific person. If, by analogy, we consider the institution of public service, then in such situations, the termination of service is envisaged, and not the liquidation of the position itself. The legislation on notaries provides for a different procedure for the termination of the notarial service by public and private notaries. According to the Basics, the dismissal of a notary working in a state notary's office is carried out in accordance with the labor legislation of the Russian Federation. Therefore, it is necessary to be guided by the norms of the Labor Code of the Russian Federation, which provides for the following general grounds for termination of an employment contract: - agreement of the parties; - expiration of the term of the employment contract, except for cases when the employment relationship actually continues and none of the parties has demanded its termination; - termination of the employment contract at the initiative of the employee; - termination of the employment contract at the initiative of the employer; - refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties; - circumstances beyond the control of the parties; - violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work, etc. An employment contract may also be terminated on other grounds provided for by the Labor Code of the Russian Federation and other federal laws. The legal basis for the termination of the powers of a notary working in a state notary's office will be the order of the head of the territorial body of justice in a constituent entity of the Russian Federation. 18. Liquidation of the position of a notary in private practice The Fundamentals of Notaries establish the institution of the liquidation of the position of a notary in private practice, who can resign on a voluntary basis (voluntarily). legal basis forced termination powers of a notary engaged in private practice is only the court's decision, entered into force. The law defines the list of bodies authorized to initiate disciplinary proceedings, as well as the list of factual grounds, in the presence of which such a court decision is issued. However, the legal imperfection of the Fundamentals should be noted: they only talk about the deprivation of the right to engage in notarial activities, but do not mention the deprivation of a license. The notary is deprived of the right to notarial activity, but his license is not cancelled. notary public privately owned practice, is relieved of authority based on a court decision on the deprivation of his right to notarial activity in cases: 1) his conviction for committing an intentional crime - after the entry into force of the sentence. Outside the legal regulation of the Fundamentals of Notaries, there are facts of bringing to criminal responsibility for unintentional crimes, although the punishment may also be in the form of imprisonment. In this case, it is not clear whether a notary who has been sentenced to imprisonment, for example, for causing death by negligence, retains his post; 2) restrictions on legal capacity or recognition as incompetent in the manner prescribed by law - after the court decision enters into legal force. The procedure for limiting legal capacity and recognizing one as incompetent is determined by the Code of Civil Procedure of the Russian Federation. The Civil Code of the Russian Federation provides that a citizen who, due to a mental disorder, cannot understand the meaning of his actions or control them, may be declared incompetent by the court. Guardianship is established over him. In accordance with the Civil Code of the Russian Federation, a citizen who, due to the abuse of alcoholic beverages or drugs, puts his family in a difficult financial situation, may be limited by the court in his legal capacity. Guardianship is established over him; 3) at the request of the notary chamber for repeated disciplinary offenses, violation of the law, as well as in case of inability to perform professional duties for health reasons (if there is a medical report) and in other cases provided for by the legislative acts of the Russian Federation - after the court decision has entered into legal force. Only notary chambers (not judicial authorities, not tax authorities, not the prosecutor's office) have the right to petition for deprivation of a notary's powers. At the level of constituent entities of the Russian Federation (Republic of Tyva, Voronezh Region), the list of bodies that have the right to file an application to the court to deprive a notary of the right to notarial activity is being expanded. Moreover, the expansion is carried out in favor of government bodies (justice, tax authorities). The notary may abdicate of my own free will. This requires a personal statement. 19. Rights of a notary A notary has a general and special legal status. General legal status - derived from the constitutional and is inherent in every citizen of the Russian Federation. Special legal status arises from the date of appointment. By establishing a dual structure of notaries (meaning public and private notaries), Russian legislation defines some features of the legal status of each of them. Basics contain general rule: "When performing notarial acts, notaries have equal rights and bear the same obligations, regardless of whether they work in a state notary's office or are engaged in private practice. Documents drawn up by notaries have the same legal force." Thus, the principle of equality of the rights of a notary in the performance of notarial acts is not provided, but only the equality of the legal consequences generated by them when they draw up documents. general rights, inherent in public and private notaries: - perform notarial acts provided for by the Fundamentals of the Notary Public in the interests of individuals and legal entities who apply to it, except for cases when 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 notarial acts; - to demand from individuals and legal entities the information and documents necessary for the performance of notarial acts; - submit, in accordance with the procedure established by the Federal Law of July 21, 1997 "On state registration of rights to real estate and transactions with it", an application for state registration of rights to real estate and transactions with it and other documents necessary for such state registration to the body, carrying out state registration of rights to real estate and transactions with it, in the event that he notarizes the relevant transaction or performs another appropriate notarial action, as well as receive certificates of state registration of rights and (or) other documents for transferring them to persons in whose interests the such state registration. Private practice notary has some additional rights arising from the specifics of the organization of its activities. He has the right to have an office, open settlement and other accounts in any bank, including currency, have property and personal non-property rights and obligations, hire and fire employees, dispose of income received, act in court, arbitration court on his own behalf and perform other actions in accordance with the legislation of the Russian Federation and subjects of the Russian Federation. The notary also uses the services of the state social security system, medical and social insurance in the manner prescribed by the legislation of the Russian Federation. 20. Obligations of a notary The basics about notaries consolidate duties of a notary (both private and public) - provide assistance to individuals and legal entities in exercising their rights and protecting legitimate interests; - explain their rights and obligations; - to warn about the consequences of the performed notarial acts, so that legal ignorance could not be used to their detriment; - keep secret information that became known to the notary in connection with the implementation of his professional activities; - the obligation to refuse to perform a notarial act in case of its inconsistency with the legislation of the Russian Federation or international treaties. The notary chamber may request from a notary (a person replacing a temporarily absent notary) 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. Moreover, this right of the notary chamber applies to both a privately practicing notary and one working in a state notary office. However, the Fundamentals do not establish a counter obligation of the notary to provide them. Notaries are obliged to provide officials authorized to conduct inspections with information and documents relating to settlements with individuals and legal entities. The Fundamentals of Notaries establishes a number of responsibilities that are relevant only to private practice notary. A notary in private practice must be a member of a notarial chamber. A notary working in a public notary's office may be a member (but not required) of a notary chamber. A notary engaged in private practice is obliged to conclude an insurance contract for his activities. A notary is not entitled to perform his duties without concluding an insurance contract. The sum insured cannot be less than 100 times the minimum monthly wage established by law. 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 Russia and are mandatory for notaries. It is possible to single out the duties of a privately practicing notary related to the independent conduct of financial activities, which are enshrined in the tax legislation of Russia (keeping records of income and expenses, submitting a declaration, paying taxes, etc.). 21. Rights and obligations of notaries as members of the notary chamber In accordance with the Fundamentals of Notaries, a privately practicing notary is obliged to be a member of the notarial chamber, which determines the existence of legal ties between these subjects of legal relations. As a member of a regional chamber, a notary acquires special rights and obligations that are difficult to attribute to professional ones. They are wearing organizational nature. The statutes of notarial chambers significantly expand the range of rights and obligations of their members. К the rights of a member of the House, usually include: - elect and be elected to the elected bodies of the chamber; - participate in the work of other bodies created by the chamber to carry out its statutory tasks; - to take personal part in all cases of discussion by the Board of the Chamber and other bodies of the Chamber of his activities or behavior; - receive in accordance with the established procedure from the chamber the necessary information, consulting, financial and other assistance corresponding to the goals and objectives of the chamber; - enjoy the protection of their interests by the chamber within the framework of its rights, legal and economic opportunities; - apply to the chamber on issues of professional activity and social protection, take initiatives, make written proposals and recommendations for improving the activities of the chamber and take part in their discussion, etc. The statutes of notarial chambers usually stipulate the following: Duties of a Member of the House: - comply with the legislation of the Russian Federation, the charter of the chamber, the Professional Code of Notaries of the Russian Federation; - contribute to the implementation of the objectives of the chamber; - implement the decisions of meetings of members of the chamber and other bodies of the chamber; - personally participate in the work of meetings of members of the chamber; - give personal explanations on issues of their notarial activities, including on issues of non-compliance with professional ethics; - timely submit statistical reports, pay membership dues and other payments in the amount established by the meeting of members of the chamber; - submit, upon request, to the chamber the necessary information and documents relating to notarial acts performed and the financial and economic activities of notaries - members of the chamber; - to improve their professional training and business qualifications, etc. The Professional Code of Notaries was approved by the Meeting of Representatives of the Notary Chambers of the Subjects of the Russian Federation on April 18, 2001 and summarizes the duties of a privately practicing notary in relations with individuals and legal entities, with the notary chamber, with colleagues and the notary community, with public authorities and local governments, also discloses the duties notary during off-duty hours. 22. Legal status of a person replacing a notary engaged in private practice According to the Fundamentals, a notary must personally perform their professional duties. In addition, the notary must perform his duties continuously, since the need to perform a notarial act for a citizen or legal entity may arise at any time. And in some cases, contacting a specific notary is condition of legality completed notarial act. Based on this, the absence of a notary will lead to the inability to exercise their right to qualified legal assistance. Accordingly, in certain cases, the powers of a notary may be exercised by other persons. The Fundamentals of Notaries establish that a person replacing a temporarily absent notary is vested with the powers of a notary by the justice authority together with the notary chamber at the proposal of a notary from among the persons who meet the requirements of Art. 2 Fundamentals of the notary, for the performance of his duties for the period of temporary absence. Empowerment can be done in advance with the definition of the grounds for the impossibility of performing official duties by a notary (vacation, illness and other valid reasons) that may occur during the calendar year. The Fundamentals of the Notaries do not establish an exclusive list of grounds for temporary substitution. Notarial practice shows that other good reasons include the performance of duties of officials of the notarial chamber (president of the chamber, member of the board, etc.), advanced training, professional business trips in the direction of the bodies of the notarial chamber, foreign internships. The empowerment of a person replacing a temporarily absent notary is made on the basis of an agreement concluded between a notary and a person wishing to perform the duties of a notary. The powers of a person replacing a temporarily absent notary arise after giving him the right to perform notarial acts and directly perform the official duties of a notary and end at the time they are handed over to the notary. Practice shows that in most cases, the execution of the powers of a temporarily absent notary is carried out by the assistant of this notary, since he meets the requirements of Art. 2 Fundamentals of the notary (has a license for the right to notarial activities). If the notary is absent for more than a week, he is obliged to notify the relevant notary chamber about this. A notary is not entitled to perform his official duties during the period of their performance by a person temporarily replacing him. For the performance of the duties of a notary, a person temporarily replacing him receives a monetary reward, stipulated by the agreement. However, the responsibility for damage caused by the actions of a person replacing a temporarily absent notary shall be borne by the notary. At the same time, the notary has the right to present to the person who performed his duties a recourse claim in the amount of the damage caused. 23. Legal status of officials of executive authorities carrying out notarial activities The territory of the Russian Federation is huge, for this reason a notary may not be everywhere. The reasons can be very different: the economic inefficiency of maintaining a position, the lack of applicants for a vacant position, the large territory of the district. Therefore, the Fundamentals of Notaries provide for the possibility of performing notarial acts the head of the local administration of the settlement and a specially authorized official of the local self-government settlements. Taking into account these circumstances, the Fundamentals provide for the possibility of notarial acts by the head of the local administration of the settlement and a specially authorized official of the local self-government of the settlement. In accordance with the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation,” a local government official is an elected person or a person who has entered into a contract (employment agreement) and is vested with executive and administrative powers to resolve issues of local importance and (or) to organize the activities of a local government body. . The principles of notaries provide that notarial acts by the indicated persons are carried out only in the absence of a notary in the locality. This means that the notary is the main subject of legal relations arising in connection with the need to apply to the notary. Officials of local governments cannot replace the notary, for them notarial activity cannot be the main one. The list of notarial acts carried out by officials of local self-government bodies is limited. These actions include: 1) will certificate; 2) certificate of power of attorney; 3) taking measures for the protection of hereditary property; 4) certification of the accuracy of copies of documents and extracts from them; 5) witnessing the authenticity of the signature on the documents. The Fundamentals of the Notaries also contain the general rule that the legislative acts of the Russian Federation may entrust the performance of other notarial acts to these officials. Currently, no such legislative acts have been adopted in Russia. The procedure for performing notarial acts heads of local administrations of settlements and specially authorized officials of local self-government of settlements are established by the Instruction on the procedure for performing notarial acts. This Instruction, in principle, needs to be adjusted, since it was designed for the procedure established before 2008. The methodological guidance on the commission of notarial acts by officials is carried out by the justice authorities of the constituent entities of the Russian Federation. Notarial office work is carried out by officials in accordance with the rules approved by the Ministry of Justice of Russia. 24. Legal status of officials of consular posts The Fundamentals of Notaries establish that notarial acts on behalf of the Russian Federation on the territory of other states are performed by officials of consular institutions of the Russian Federation authorized to perform these actions. Consular office of the Russian Federation is a state body for external relations of the Russian Federation, carrying out consular functions within the limits of the corresponding consular district on the territory of the host state on behalf of the Russian Federation. The consular institution is part of the system of the Ministry of Foreign Affairs of the Russian Federation. The Foundations and the Consular Charter of the USSR fix list of notarial acts, which officials of consular institutions of the Russian Federation are entitled to perform: 1) certification of transactions, except for agreements on the alienation of immovable property located on the territory of the Russian Federation; 2) taking measures for the protection of hereditary property; 3) issuance of a certificate of the right to inheritance; 4) issuance of a certificate of ownership of a share in the common property of the spouses; 5) certification of the accuracy of copies of documents and extracts from them; 6) certification of the authenticity of the signature on the documents; 7) evidence of the correctness of the translation of documents from one language into another; 8) certification of the fact that a citizen is in 9) certification of the fact that a citizen is in a certain place; 10) accepting monetary amounts and securities as a deposit; 11) execution of executive inscriptions; and etc. Notarial acts are performed at a consular office. In some cases, notarial acts may be performed outside the specified institution. Notarial office work in a consular institution is conducted in the same language as the office work of a consular office. If the performance of a notarial action is contrary to the current legislation, the consul refuses to perform such an action. The Consul does not accept documents for notarial acts if they do not comply with the requirements of Russian legislation, or may, in their content, harm the interests of the Russian state, or contain information that discredits the honor and dignity of citizens. 25. Legal sources of notaries Source of law is an external form of expression of law. The legal sources of the notary determine its organization and activities. According to the Constitution of the Russian Federation, a notary is a subject joint management Russian Federation and subjects of the Russian Federation., i.e. federal laws and "laws adopted in accordance with them and other regulatory legal acts of the constituent entities of the Russian Federation" are issued on this subject of jurisdiction. The system of federal legal acts and legal acts of the subjects of the Federation can be represented as follows. 1. The Constitution of the Russian Federation. 2. Federal law (federal constitutional and federal laws, fundamentals of legislation, laws of the Russian Federation, etc.); laws of the subjects of the Federation. 3. Bylaws: - decrees of the President of the Russian Federation, - Decrees of the Government of the Russian Federation, - orders, instructions, letters, clarifications from ministries and departments. Of the federal regulations, the basic ones are Fundamentals of legislation RF on notaries, adopted in February 1993 (before the adoption of the Constitution of the Russian Federation). The type of this normative act belongs to the outdated classification provided for by the Federal Treaty, according to which, on issues of joint jurisdiction, the Russian Federation could adopt the Fundamentals of Legislation, codes and laws. At present, such a form of legal act as the Fundamentals of Legislation is not provided for by the Constitution of the Russian Federation. Fundamental legislative acts: Civil Code of the Russian Federation, Code of Civil Procedure of the Russian Federation, federal laws "On State Registration of Rights to Real Estate and Transactions with It", "On Mortgage (Pledge of Real Estate)", etc. Regulations: instructions, clarifications, letters from the Ministry of Justice of the Russian Federation (Regulations on the procedure for holding a competition to fill a vacant position of a notary, Procedure for internships for persons applying for the position of a notary, Regulations on the appeal commission for considering complaints against decisions of qualification commissions for taking exams from persons wishing to obtain a license for the right of notarial activity, etc.). Features of these documents: many of them were approved by joint decisions of the Ministry of Justice of the Russian Federation and the FNP, which is not a government body. By Order No. 91, the Russian Ministry of Justice approved Methodological Recommendations for the performance of certain types of notarial acts by notaries of the Russian Federation. The purpose of the recommendations is to unify notarial office work. The fundamentals of a notary in some cases directly indicate what issues can be regulated by the law of a constituent entity of the Russian Federation: other terms for re-passing a qualification exam, a notary may be granted additional rights, etc. Separate subjects of the Russian Federation, for example, the Nizhny Novgorod, Voronezh regions, the Republic of Bashkortostan, Sakha (Yakutia), Mordovia, the Jewish Autonomous Region, the city of Moscow adopted their own laws on notary issues. 26. International law and notaries In accordance with the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes rules other than those stipulated by law, then the rules of the international treaty shall apply. According to the Federal Law of July 15, 1995 "On International Treaties" international treaty of the Russian Federation means an international agreement concluded by the Russian Federation with a foreign state (or states) or with an international organization in writing and governed by international law, regardless of whether such an agreement is contained in one document or in several related documents, and also regardless of its specific name . According to the Fundamentals, if an international treaty of the Russian Federation establishes other rules on notarial acts than those provided for by the legislative acts of the Russian Federation, when performing notarial acts the rules of the international treaty apply. If an international treaty of the Russian Federation refers to the competence of a notary the performance of a notarial action not provided for by the legislation of the Russian Federation, the notary shall perform this notarial action in the manner established by the Ministry of Justice of the Russian Federation. Currently, there are no international agreements of the Russian Federation that provide for additional types of notarial acts in relation to domestic legislation. Increasing role Conventions on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters. The Russian Federation has concluded similar acts with many states. A similar Convention was signed within the Commonwealth of Independent States (concluded in Minsk on January 22, 1993). This Convention will cease to apply after ratification of the Convention of October 7, 2002, also concluded between the CIS member states. A significant number of norms concern determining the form of transactions, giving legal force to official documents, and inheritance law. For example, it is stated that proceedings in cases of inheritance of movable property are competent to be conducted by institutions of the state in whose territory the testator had his place of residence at the time of his death. Proceedings in cases of inheritance of real estate are competent to be conducted by institutions of the state in whose territory the property is located. Among the international documents, it is also necessary to note the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (concluded in The Hague on October 5, 1961). 27. Secrecy of notarial action Secrecy of notarial action - professional secrecy, since it is associated with non-disclosure of information received by a notary in the process of exercising his professional functions. It is a guarantor of privacy, since the person who applied to the notary must provide certain facts relating to his personal life (otherwise the notarial act will not be performed). Subjects of the secrecy of a notarial action: - notaries; - persons working in a notary's office: persons undergoing an internship, assistants to a notary, consultants and technical executors, including after resignation or dismissal; - officials of the notarial chamber, who may become aware of the information as a result of checking the activities of a notary. The content of a notarial secret is any information related to the exercise by a notary of his professional functions, as well as information about the private and family life of the principal. A notary is prohibited from disclosing information, divulging documents that became known to him in connection with the performance of notarial acts. In this way, The concept of notarial secrecy includes: - the content of the notarial act; - information about the persons in respect of whom the notarial act was performed; - the very fact of contacting a notary public or his absence; - documents requested by a notary; - any other information obtained by the notary. The guarantor of compliance with this rule is established by the Fundamentals of the Notaries procedure for providing information according to which information (documents) on the performance of a notarial act can be issued only to persons on whose behalf or on behalf of whom these actions were performed. Notarial secret performs two functions: 1) the guarantor of the notary's activities, since it ensures the non-interference of other persons in his professional activities; 2) non-harm to persons who applied to him. Information about the performance of notarial acts are issued to the bodies of the court, prosecutor's office, investigation "in connection with criminal or civil cases being handled by them, as well as at the request of the arbitration court in connection with disputes being resolved by it." The issuance of certificates to the bodies carrying out criminal prosecution must be justified by the presence of an initiated criminal case in their proceedings. The absence of an indication of this fact in the request may serve as a basis for the notary's refusal to issue the relevant information. According to the Code of Civil Procedure of the Russian Federation, a notary is obliged to provide the court with the written evidence required by him. A notary may also be a party to the case (plaintiff or defendant) or a witness. Issuance of duplicates of notarized documents is made only to persons "on whose behalf or on whose behalf notarial acts were performed", upon their written application. Certificates of will are issued only after the death of the testator. This rule is absolute and does not provide for exceptions. 28. Guarantees of notarial activities Guarantees of notarial activities are aimed at separating the notary from the parties to civil legal relations who have applied to him, designating him as a bearer of public authority and an independent arbitrator. Guarantees of notarial activity - this is a legally significant mechanism for ensuring the activity in question, strictly implemented on the basis of the constitutional consolidation of the right of a citizen to qualified legal assistance, both at the legislative and law enforcement levels. The fundamentals include the following guarantees: - impartiality; - independence; - the need to be guided in their activities by the Constitution of the Russian Federation and the constitutions (charters) of the subjects of the Russian Federation, the Fundamentals of Notaries, other regulatory legal acts of the Russian Federation and subjects of the Russian Federation adopted within their competence, as well as international treaties; - notarial secret. Warranty impartiality notary is not clearly defined by the current legislation. A notary is prohibited from performing notarial acts in his own name and on his own behalf, in the name and on behalf of his spouses, them and their relatives (parents, children, grandchildren). financial basis of independence a notary should be guaranteed economic support for his activities. The source of financing for the activities of a notary engaged in private practice is the money received by him for performing notarial acts and providing services of a legal and technical nature, other financial receipts that do not contradict the legislation of the Russian Federation. All funds become the property of the notary, the state only obliges him to pay the relevant taxes and other obligatory payments. A notary's independence is also guaranteed by the provision that notarial activity is not entrepreneurial and does not pursue the goal of making a profit. One of the main guarantees of notarial activities is the requirement to be guided in their activities by the Constitution of the Russian Federation, the law. This principle refers to the procedural activity of a notary and acts primarily as a continuation of the principle of independence. The implementation of the above guarantees of notarial activities is ensured by the establishment of certain restrictions in the activities of a notary. The notary is not entitled to: - engage in self-employed and no other activities other than notarial, scientific and teaching; - to provide intermediary services at the conclusion of contracts. Restrictions wear for the notary absolute character, those. operate throughout its activities. The restrictions apply both to a notary working in a public notary's office and to a notary in private practice. 29. Financial support for the activities of a notary A feature of notarial activity is that the notary does not directly create material assets. The subject of his work is information, and the nature of his work is mental. One of the signs of notarial activity is remuneration; The legislation establishes the procedure for its payment. This procedure differs depending on the form in which it is carried out - in a state notary office or in private practice. notaries working in the state a notary's office are employees who receive a salary from the budget ("state employees"). The salary of a notary consists of an official salary, an allowance for a class rank and other allowances (for managing a notary office, managing trainees, etc.). A notary working in a state notary's office charges for performed notarial acts state duty, which is established by the Tax Code of the Russian Federation. In accordance with the Tax Code of the Russian Federation, the state duty refers to federal fees. Collection - this is a mandatory contribution levied from organizations and individuals, the payment of which is one of the conditions for the commission of legally significant actions in relation to payers of fees by state bodies, local governments, other authorized bodies and officials, including the granting of certain rights or the issuance of permits (licenses) . The source of financing for the activities of a notary engaged in privately owned practice, are the funds received by him for the performance of notarial acts and the provision of services of a legal and technical nature, other financial receipts that do not contradict the legislation of the Russian Federation. At the same time, a private notary public charges notary fee, equal to the amount of the state fee, if the law provides for a mandatory notarial form. A notary has the right to open settlement and other accounts, including foreign currency, in any bank. At the same time, the funds on deposit accounts are not the income of a notary engaged in private practice. For actions for which the legislation of the Russian Federation does not provide for a mandatory notarial form, a notary working in a state notary's office, as well as a notary engaged in private practice, charge notary fees in the amount established in accordance with the requirements of the Fundamentals of Notaries. It should be noted that the benefits of paying the state fee also apply to notaries engaged in private practice. 30. Disciplinary responsibility of a notary It is quite possible that the notary will abuse his own powers, violate the current legislation. His mistake in the process of considering the legal situation is also possible. As a form of response to a violation by a notary of a legal norm, the current legislation establishes measures of responsibility. Disciplinary responsibility is not clearly defined in the Fundamentals of Notaries. In a relationship State of a notary, the general rule of the Fundamentals of a Notary Public is valid, according to which, in the event of actions that are contrary to the legislation of the Russian Federation, a public notary is liable in accordance with the procedure established by law. Since a notary working in a state notary's office is in labor relations with the justice authorities, it can be applied to the full range of disciplinary sanctions, as with any other employee (according to the Labor Code of the Russian Federation - reprimand, reprimand, dismissal on appropriate grounds). Disciplinary responsibility private practitioner notary is not clearly regulated by the Fundamentals of the notary. A privately practicing notary is not in an employment relationship with either the notary chamber or the justice authorities. The resignation of a private notary is possible "for repeated disciplinary offenses." From this phrase of the Fundamentals, we can conclude: if there is a disciplinary offense, then there must be disciplinary responsibility. This gap in the legislation is filled by acts adopted by notary chambers. Thus, the meeting of members of the Moscow City Notary Chamber approved the Professional Code of Notaries of the City of Moscow, § 9 of which is devoted to disciplinary offenses. Under disciplinary offense is understood as guilty non-fulfillment or improper fulfillment by a notary of his professional duties, disciplinary and ethical standards of behavior of a notary and other requirements established by laws and by-laws of the Russian Federation, the charter of the Moscow City Notary Chamber, as well as the aforementioned Code. Defined disciplinary measures: 1) comment: 2) rebuke; 3) severe reprimand. A disciplinary sanction is imposed exclusively by the Commission of Professional Honor of Notaries of the City of Moscow. If the notary does not agree with the disciplinary sanction imposed on him, he has the right to appeal against it by submitting a written application through the board of the chamber to the general meeting of members of the Moscow City Notary Chamber. The General Meeting has the right to cancel the imposed penalty. The principles provide for only one penalty that can be applied to a private notary - deprivation of a special right. At the request of the notarial chamber for repeated disciplinary offenses, violation of the law and in other cases provided for by the legislative acts of the Russian Federation, only court can make a decision on deprivation of the right to notarial activity. 31. Criminal liability of a notary The most repressive in nature is criminal liability. The Criminal Code of the Russian Federation introduces the following crime - “Abuse of powers by private notaries and auditors.” The objective side (part 1 of article 202): the use by a private notary of his powers contrary to the tasks of his activity and for the purpose of deriving benefits and advantages for himself or other persons or causing harm to other persons, if this act caused significant harm to the rights and legitimate interests of citizens or organizations or the legally protected interests of society or the state. Using involves practical implementation, i.e. the notary's powers must be exercised. Powers are named in Art. 15 Fundamentals of the notary and are not limited only to the performance of a notarial act. Under use by a private notary of his powers is understood as the commission, contrary to the tasks of his activity, of actions both formally within his competence and beyond its limits, but not based on his legal and actual capabilities: illegal certification of transactions, misuse of information provided to him, implementation of intermediary functions, compulsion to complete transactions, misleading the client, etc. The subjective side crimes are characterized by guilt in the form of direct or indirect intent. As a mandatory element of the crime, the following are indicated: goals activities: - deriving benefits and advantages for oneself or other persons (moreover, benefits and advantages do not necessarily have only a material embodiment, and other persons do not mean the circle of close relatives outlined by law); - causing harm to others. It is also required as a mandatory feature significant harm the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state. When committing this crime, a notary is punished with a fine in the amount of 100 to 300 rubles. or in the amount of the wage or other income of the convicted person for a period of one to two years, or by arrest for a term of three to six months, or by deprivation of liberty for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. Special corpus delicti (part 2 of article 202 of the Criminal Code of the Russian Federation). The rights and legitimate interests of minors and incompetent persons are placed under special protection by the state. The same act (Part 1 of Article 202) - increased liability has been established. 32. Civil liability of a notary The notary in private practice bears the burden full civil liability in case of intentional disclosure of information about a notarial act, as well as when performing a notarial act that contradicts the legislation of the Russian Federation. Traditionally, liability under civil law is interpreted as the application of coercive measures to the offender - sanctions that have a property content. The offender is responsible for the damage caused in the form of compensation, subject to the conditions provided by law. Basics of notary law use the term “damage”, which is understood in two senses: broad and narrow. В wide sense the concept of "damage" is identical to the concept of "harm". AT narrow sense of the term "damage" used with the adjective "real" and represents a type of loss. According to the Civil Code of the Russian Federation under losses means the expenses that the person whose right has been violated has made or will have to make to restore the violated right, the loss or damage to his property (actual damage), as well as the unearned income that this person would have received under normal conditions of civil circulation if his right not violated (lost profits). Currently, notarial practice does not give an unambiguous answer to the question of whether only real damage is taken into account when the liability of a private notary occurs, or whether he must also compensate for lost profits. When compensating for damage, it is necessary to take into account the norms of the Civil Code of the Russian Federation governing the general provisions of obligations arising from the infliction of harm (Chapter 59 of the Civil Code of the Russian Federation). In any case, the following circumstances must be established: the commission of an unlawful act by a notary, the occurrence of harm, a causal relationship between these elements, the presence of guilt in the actions of a notary. The Fundamentals of the Notary also state: "In other cases, the damage is compensated by the notary, if it cannot be compensated in another way." The reference to "other cases" makes it possible to broadly interpret the possibility of bringing a privately practicing notary to civil liability. Private practice notary is required to insure its activities. The sum insured cannot be less than 100 times the minimum wage. In accordance with the Civil Code of the Russian Federation, in the event that the insurance indemnity is not enough to fully compensate for the harm caused, the notary will reimburse the difference between the insurance indemnity and the actual amount of damage. 33. Legal status of the Federal Notary Chamber In accordance with the Fundamentals of the Notaries, the FNP is non-profit organization, representing professional association notarial chambers of the constituent entities of the Russian Federation, based on their mandatory membership. FNP is a legal entity and organizes its activities on the principles of self-government. The activities of the FNP are carried out in accordance with the legislation of the Russian Federation and the charter, which, in turn, is adopted by a meeting of representatives of notary chambers and registered in the manner established for the registration of charters of public associations. From the above legislative provisions it is clear that the FNP is based on collective membership. An individual subject - a notary - cannot be its member. Powers of the FNP: - coordinates the activities of notary chambers; - represents the interests of notarial chambers in public authorities and administration, 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 assistants to notaries; - organizes insurance of notarial activities: - represents the interests of notarial chambers in international organizations. Membership in the chamber can be terminated only by virtue of federal law. At present, the FNP unites 79 notary chambers of the constituent entities of the Russian Federation. Separate powers of the FNP are enshrined in various articles of the Fundamentals of Notaries. To a greater extent, this concerns the joint adoption of a number of regulations with the Ministry of Justice of Russia, as well as the delegation of their representatives to the bodies provided for by the Fundamentals of Notaries (for example, the appeal commission). The statute of the FNP provides that the main task FNP is the organization of the performance by notaries engaged in private practice of their public functions, as well as ensuring the protection of the rights and legitimate interests of participants in civil legal relations. There is a debatable point of view that the FNP exercises control powers in relation to the regional chambers. Control implies the existence of relations of power and subordination, subordination. Regional notary chambers perform their functions independently, including in relation to notaries of the region. The relationship between the regional chamber and the FNP is a relationship of coordination, cooperation, and not at all of subordination. A different approach turns regional chambers into territorial departments of the FNP, which they are not. 34. Place of performance of notarial acts In accordance with the Fundamentals of Notaries, notarial acts are performed by any notary, with the exception of certain cases that are provided either by the Fundamentals of Notaries themselves, or may be established by the legislation of the Russian Federation and the constituent entities of the Russian Federation, in accordance with which a notarial action must be performed by a certain notary. The Fundamentals of Notaries provide for the following exceptions to the general rule. - Registration of inheritance rights is carried out, as a general rule, only by state notary offices. However, practically state notary offices have ceased to exist, and their powers have been redistributed among private notaries. In this case, by decision of the body of justice and the notarial chamber, certain inheritance cases are assigned to specific notaries. As a rule, the notary is assigned the right to draw up inheritance cases, depending on the name of the deceased. - 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. - Certification of contracts for the construction of a residential building on the provided land plot is certified by a notary at the place of granting the land plot, and 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. - Issuance of a certificate of ownership of a share in common property is carried out at the request of the spouses, when the subject of relations is a residential building, apartment, cottage, garden house, garage, land plot, is carried out at the location of this property. - Issuance of a certificate of ownership of a share in common property is carried out at the request of the surviving spouse at the place of opening of the inheritance. - Acceptance of monetary amounts and securities as a deposit is made by a notary at the place of fulfillment of the obligation. - Presentation of a check for payment and certification of non-payment of a check is carried out at the location of the payer. - The place of performance of notarial acts may be determined by an international treaty of the Russian Federation. The above norms oblige the notary, when applying to him for the performance of the listed notarial acts, to check the place of their performance as a mandatory factual circumstance. However, the performance by a notary of a notarial action outside his notarial district does not entail the recognition of the invalidity of this action. 35. Grounds and terms for postponing and suspending the performance of a notarial act In notarial proceedings, deposition is the postponement of the term for the performance of a notarial act to another time. The Notarial Fundamentals defines the cases in which the performance of a notarial act may be delayed. These include: - the need to request additional information from individuals and legal entities. A notary can assist in the protection of civil rights, which often happens when registering inheritance rights, when the notary independently requests the necessary title documents. However, the Fundamentals do not contain a corresponding obligation to respond to the notary's inquiries; - sending documents for examination. To perform a notarial act, a notary may be presented with documents in an illegible or damaged form, in respect of which the notary may have doubts about the authenticity. However, the notary does not have the right to conduct legal expertise independently; - the need to ask interested parties that they have no objections to certain actions. The most common example in notarial practice is the establishment of compliance with the pre-emptive right to purchase. For example, according to the Civil Code of the Russian Federation, when selling a share in the right of common ownership, the remaining participants in shared ownership have the pre-emptive right to purchase the sold share at the price for which it is sold, and on other equal terms. except in the case of sale at public auction. The postponement of a notarial act is formalized by issuing a notary decision - a written, reasoned document. Postponement period for performing a notarial act cannot exceed a month from the date of issuance of the decision to postpone the performance of a notarial act. This decision may be challenged in court. The Fundamentals establish that at the request of an interested person who disputes a right or fact in court, for whose certification another interested person has applied, the performance of a notarial act may be postponed for a period of not more than 10 days. If during this period no notification is received from the court about the receipt of the application, the notarial act must be performed. In this case, the deposition must also be formalized by a notary's decision. If a notice is received from the court about the receipt of an application of an interested person disputing a right or a 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. Suspension represents a temporary cessation of a notarial act associated with the results of a civil case in court. This is the difference between suspension and deposition, limited by a short time frame, after which the notary must either perform a notarial act or refuse to perform it. 36. Establishing the identity of the applicant for a notarial act When performing a notarial act, the notary establishes the identity of the citizen who applied for the notarial act, his representative or representative of the legal entity. This determination must be made on the basis of passport or other documents excluding any doubts about the identity of the citizen who applied for the performance of a notarial act. In accordance with the Regulations on the passport of a citizen of the Russian Federation, the passport of a citizen of the Russian Federation is the main document proving the identity of a citizen of the Russian Federation on the territory of Russia. All citizens of the Russian Federation who have reached the age of 14 and live in Russia are required to have a passport. According to the Federal Law of August 15, 1996 "On the procedure for leaving the Russian Federation and entering the Russian Federation", the main documents proving the identity of a citizen of the Russian Federation outside the Russian Federation are recognized as a passport, diplomatic passport, service passport, sailor's passport (sailor's identity card). These documents (as identification documents) can also be used on the territory of Russia. A foreign passport can be issued for a minor and until he reaches 14 years of age. The identity of a person under the age of 14 is established on the basis of a birth certificate and data in the passport of one of the parents. The Federal Law of July 25, 2002 "On the Legal Status of Foreign Citizens" establishes list of documents proving the identity of a foreign citizen in the Russian Federation: a passport of a foreign citizen or another document established by federal law or recognized in accordance with an international treaty of the Russian Federation as a document proving the identity of a foreign citizen. The identity of a foreign citizen cannot be confirmed only on the basis of documents confirming the legality of his stay in Russia (visa, temporary residence permit, residence permit, migration card, etc.). Documents proving the identity of a stateless person in the Russian Federation: 1) a document issued by a foreign state and recognized in accordance with an international treaty of the Russian Federation as a document proving the identity of a stateless person; 2) temporary residence permit; 3) residence permit; 4) other documents provided for by federal law or recognized in accordance with an international treaty of the Russian Federation as documents proving the identity of a stateless person. According to the Federal Law of February 19, 1993 "On Refugees", a certificate of consideration of an application for recognition as a refugee in the territory of the Russian Federation is essentially an identity document. However, until now there is no special law defining the list of documents proving the identity of a citizen. Traditionally, these include a military ID, an identity card of an officer, a law enforcement officer. The notary himself determines the proper "quality" of the document. 37. Checking the legal capacity of citizens and the legal capacity of legal entities involved in transactions The Fundamentals of Notaries establish that when certifying transactions the legal capacity of citizens is ascertained and the legal capacity of legal entities is checked, involved in transactions. In the case of a transaction by a representative, his authority is also checked. Since, according to the Civil Code of the Russian Federation, a transaction made by a citizen recognized as legally incompetent is void. A transaction of a legal entity that goes beyond the limits of its legal capacity may be declared invalid by a court. In accordance with the Civil Code of the Russian Federation, complete civil capacity occurs in a citizen upon reaching the age of majority (18 years). Full legal capacity may come even earlier, for example, when a citizen marries before the age of 18, he acquires legal capacity in full from the time of marriage. When checking the capacity of a notary, a notary must check the age of the person who applied to him, as well as additional documents (marriage certificate, decision on the emancipation of the guardianship and guardianship authority or the court), if the person is under 18 years old. The absence of a unified information bank on the presence of legal capacity restrictions established by the court creates certain difficulties for the notary. Identification of such persons is possible only visually and through a personal conversation. The Civil Code of the Russian Federation defines applicable law when determining the civil capacity of a natural person: the civil capacity of a natural person is determined by his personal law. In accordance with the Civil Code of the Russian Federation, the personal law of an individual is considered the law of the country whose citizenship this person has. In accordance with the Civil Code of the Russian Federation, the volume of civil legal capacity of a legal entity determined by his constituent documents, certificate of state registration, other documents, depending on the type of legal entity. Commercial organizations, with the exception of unitary enterprises and other types of organizations provided for by law, may have civil rights and bear civil obligations necessary to carry out any type of activity not prohibited by law. A legal entity may engage in certain types of activities, the list of which is determined by law, only on the basis of a special permit (license). The Civil Code of the Russian Federation provides that the legal capacity of a legal entity arises at the time of its creation and terminates at the time of making an entry on its exclusion from the unified state register of legal entities. The right of a legal entity to carry out activities for which a license is required arises from the moment such a license is obtained. 38. Requirements for documents submitted for notarial acts The basics about notaries present document requirements, submitted for notarial acts. notaries do not accept for performing 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. If a notarized document is signed by persons, corrections in it are specified and confirmed by the signatures of these persons, and at the end of the certification inscription - by the signature of the notary with his seal attached. In this case, corrections are made so that everything written incorrectly and then crossed out can be read in the original text. Corrections made in the text of a document that is not signed by persons (for example, a certificate of inheritance) are specified only by a notary and confirmed by his signature with a seal attached. If a document to be certified or witnessed is presented incorrectly or illiterately, the notary invites the applicant to correct it or draw up a new one. At the request of the applicant, the document can be drawn up by a notary. The content of the notarized transaction, as well as the application and other documents must be read aloud participants. Notarized documents are signed in the presence of a notary. If a citizen, due to physical disabilities, illness, or for any other reason, cannot personally sign, on his behalf, in his presence and in the presence of a notary, a transaction, application or other document may be signed by another citizen, indicating the reasons why the document could not be signed. be signed personally by the citizen who applied for the notarial act. Certifying inscriptions are made when certifying transactions, attesting the accuracy of copies of documents and extracts from them, the authenticity of a signature on documents, the accuracy of translation of documents from one language into another, at certification of the time of presentation of documents on the relevant documents. 39. Refusal to perform a notarial act According to Art. 48 Basics about Notaries notary refuses in the performance of a notarial act, if a: - the commission of such an action is contrary to the law; - the action is to be performed by another notary; - an incompetent citizen or a representative who does not have the necessary powers applied for a notarial act; - a transaction made on behalf of a legal entity is contrary to the goals specified in its charter or regulation; - the transaction does not comply with the requirements of the law; - the documents submitted for the notarial act do not comply with the requirements of the law. A notary, at the request of a person who has been denied 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 within 10 days from the date of application for the performance of a notarial act, issues a decision on the refusal to perform a notarial act. The refusal order states: 1) the date of issuance of the decision; 2) last name, first name, patronymic of the notary who issued the decision, the date and number of the order of the body of justice on the appointment of a notary, his notary district or the name of the state notary's office; 3) the date of application and information about the person who applied to perform a notarial act; 4) what notarial action was requested by the applicant; 5) motives for which the notarial act was refused with reference to the legislation; 6) the procedure and terms for appealing the refusal. The decision is drawn up in two copies, certified by the signature of a notary with the application of his seal and registered in the book of outgoing correspondence. One copy is handed over or sent to the person who is refused to perform a notarial act. Another copy of the decision with the signature of the person to whom the decision was handed, or with a note about sending by mail (delivery) to the person who was refused to perform a notarial act, is left in the files of the notary. A person who considers the refusal to perform a notarial action wrong has the right to file a complaint about this with the court at the location of the state notary's office (notary engaged in private practice). The application is submitted to the court within 10 days from the date when the applicant became aware of the refusal to perform a notarial act. 40. Registration of notarial acts In accordance with the Fundamentals of the Notary, all notarial actions performed by a notary are registered in register, where must be indicated number of the notarial act, the date of its performance, the name and place of residence of the persons for whom the notarial act was performed (or their representatives), as well as information about the documents submitted by them, the content of the notarial act, the amount of the state fee (notary fee) collected, a receipt for receipt notarized document. If the person who applied to the notary is exempted from paying the state duty (notary fee), information about the documents that are the basis for granting benefits is entered in the register. The notary maintains a special register for registration of prohibitions on the alienation of movable and immovable property, as well as arrests imposed by judicial and investigative authorities. Notary obliged to issue extracts from the register at the written request of organizations and persons on whose behalf or on behalf of which these actions were performed. In addition, certificates of completed notarial acts are issued at the request of the court, prosecutor's office, investigating authorities in connection with criminal or civil cases being handled by them, as well as at the request of the arbitration court in connection with disputes being resolved by it. Certificates of will are issued only after the death of the testator. The notary is obliged to submit to the notarial chamber information on the performed notarial actions. In accordance with the Code of Administrative Offenses of the Russian Federation, the judge, body, official in charge of the case of an administrative offense has the right to issue a ruling on the request for information necessary to resolve the case. The required information must be sent within three days from the date of receipt of the ruling, and in the event of an administrative offense entailing administrative arrest or administrative expulsion, immediately. If it is impossible to provide the specified information, the organization is obliged to notify in writing the judge, body, official who issued the ruling within three days. This provision of the Code of Administrative Offenses of the Russian Federation applies, among other things, to the demand for documents from notaries by the customs authorities. 41. Issuance of duplicates of notarized documents The Fundamentals of the notary establish that in case of loss of documents, copies of which are stored in the files of the notary's office, upon written applications of citizens, legal representatives of legal entities, on whose behalf or on behalf of which notarial acts were performed, duplicates of the lost documents are issued. Duplicate can be issued under the following conditions: 1) only the original of the document should be kept in the files of the notary's office. For example, when drawing up a contract, one of the copies, signed by the parties and certified by a notary, remains in the notary's archive. Only in this case can a duplicate of such a document, authentic to those issued to the parties, be issued. Uncertified photocopies of documents that can be left by a notary cannot be issued as a duplicate of a notarized document; 2) a duplicate can be issued only upon application of persons on whose behalf or on behalf of which notarial acts were performed. This request must be made in writing. At the same time, a duplicate of the will can be issued to the testator, and after his death - to the heirs specified in the will upon presentation of the death certificate of the testator. In the event of the death of an heir who was indicated in the will, a duplicate of the will may be issued to his heirs upon presentation of death certificates of the testator and the deceased heir after whom they inherit, and in case of inheritance by law after the death of the heir under the will - and documents confirming related or other relations of the heirs with the testator (if these documents were not submitted earlier). A duplicate is issued only in case of loss of the document. In cases stipulated by law, the notary leaves the original documents on the basis of which the notarial acts were performed in the notary's office. They are attached to the original copy of the contract left in the notary's office, a certificate of the right to inheritance, etc. The originals are not left in the notary's files: - documents proving the identity of an individual; - constituent documents of legal entities, as well as documents on the powers of their representatives (except for powers of attorney issued for the conclusion of specific agreements); - title documents and other documents required for state registration of rights to real estate and transactions with it; - passports of vehicles; - documents confirming the registration of the right to property or registration of property. If it is necessary to return original documents to the persons who submitted them, the notary shall keep copies of these documents. Copies are submitted by interested parties or, at their request, are made and certified by a notary. The duplicate of the document itself contains the entire text of the certified or issued document, an acknowledgment inscription is made on it in the prescribed form. The issuance of a duplicate is registered in the register for notarial acts. For the issuance of a duplicate, the notary charges a state fee (notary fee). 42. General rules for certification of transactions A notary certifies transactions for which the legislation of the Russian Federation establishes a mandatory notarial form. At the request of the parties, the notary may certify other transactions. The Civil Code of the Russian Federation states that transactions actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations are recognized. Transactions can be bilateral or multilateral (agreements) and unilateral. Unilateral a transaction is considered, for the conclusion of which, in accordance with the law, other legal acts or agreement of the parties, it is necessary and sufficient to express the will of one party. For the conclusion of the contract, the expression of the agreed will of the two parties is necessary. (two-sided transaction) or three or more parties (multilateral deal). In accordance with the Civil Code of the Russian Federation, transactions are made orally or in writing. form (simple or notary). Accordingly, a notarized transaction is a type of written transaction. A transaction in writing must be concluded by drawing up a document expressing its contents and signed by the person or persons entering into the transaction, or their duly authorized persons. The Civil Code of the Russian Federation provides that the notarization of a transaction is carried out by making on the document certification inscription a notary or other official authorized to perform such notarial act. Notarial certification of transactions mandatory in the following cases: 1) specified in the law, 2) stipulated by the agreement of the parties, even though this form was not required by law for transactions of this type. Examples obligatory notarization, in particular, can be found in the Civil Code of the Russian Federation: - a power of attorney issued by way of substitution; - an agreement between the pledgee and the pledgor on satisfaction of the pledgee's claims at the expense of the pledged immovable property; - rent agreement; - drafting wills, etc. It should be borne in mind that non-observance of the notarial form of the transaction entails its invalidity. Such a transaction is considered insignificant. The notary is obliged to explain to the parties the meaning and significance of the draft transaction submitted by them and to check whether its content corresponds to the actual intentions of the parties and whether it contradicts the requirements of the law. The number of copies of documents that set out the content of the transaction, certified by a notary, is determined by the number of persons who applied for a notarial act, but cannot exceed the number of parties involved in the transaction. 43. Certification of contracts The Fundamentals of Notaries do not regulate in detail the rules for certifying contracts. It is stated that contracts for the alienation and pledge of property subject to registration can be certified subject to the submission of documents confirming the ownership of the alienated or pledged property. An agreement on the construction of a residential building on a provided land plot is certified by a notary at the place where the land plot is provided, and certification of agreements on the alienation of a residential building, apartment, dacha, garden house, garage, and also a land plot is carried out at the location of the specified property. According to the Civil Code of the Russian Federation an agreement an agreement of two or more persons on the establishment, change or termination of civil rights and obligations is recognized. Citizens and legal entities are free to conclude a contract. Coercion to conclude an agreement is not allowed, except in cases where the obligation to conclude an agreement is provided for by the Civil Code of the Russian Federation, by law or by a voluntarily assumed obligation. The parties may conclude an agreement both provided for and not provided for by law or other legal acts. Moreover, the parties may conclude an agreement that contains elements of various agreements provided for by law or other legal acts (mixed agreement). Making the certification of contracts with property, notary verifies: 1) the ownership of this property on the basis of the right of ownership or other real right; 2) presence of co-owners; 3) the presence of encumbrances, prohibition of alienation or seizure of this property. The notary, as a rule, also checks the documents on the valuation of the property that is the subject of the transaction. When dealing with real estate the notary checks the documents stipulated by the Federal Law "On state registration of rights to real estate and transactions with it." When certifying transactions with property of legal entities a notary checks the powers of bodies or persons to dispose of property in accordance with laws and other regulatory legal acts and constituent documents of legal entities. If the property does not belong to the right of ownership, but to another real right, the notary checks the presence of the owner's consent to the transaction, when the obligation of such consent is provided for by law. If there are co-owners in cases where their consent is required for the transaction, the notary checks the existence of such consent. Upon termination of the contract for the alienation of property the notary, in the event that he keeps the title document for the property, returns it to the owner of this property. The notary has a copy of the title deed. One of the original copies of the agreement on termination of the agreement on the alienation of property is attached to the agreement on the alienation of property held by the notary. At the same time, the notary makes a mark on the certification of the agreement on termination of the contract on all copies of the contract on the alienation of property and in the register. 44. Certification of wills According to the Civil Code of the Russian Federation, it is possible to dispose of property in the event of death only by committing wills. Will is a unilateral deal which creates rights and obligations after the opening of the inheritance. It is committed only personally, individually and only by a citizen who at the time of its commission has full legal capacity. The Civil Code of the Russian Federation establishes the freedom of will. The testator has the right to make a will containing an order for any property, including that which he may acquire in the future. It should be borne in mind that when certifying wills from testators it is not required to provide evidence confirming their rights to the bequeathed property. The testator may make a will in favor of one or more persons, both included and not included in the circle of heirs by law. Before the opening of the inheritance, the notary is not entitled to disclose information concerning the content of the will, its execution, amendment or cancellation. A notarized will must be written by the testator or recorded from his words by a notary. When writing or recording a will, technical means (computer, typewriter, etc.) may be used. A will written by a notary according to the words of the testator, before signing it, must be fully read by the testator in the presence of a notary. The will must be personally signed by the testator. If the testator, due to physical disabilities, serious illness or illiteracy, cannot sign the will with his own hand, it may be signed by another citizen at his request in the presence of a notary. A witness may be present at the time of drawing up and notarial certification of a will, at the will of the testator. The Civil Code of the Russian Federation provides for the possibility of compiling closed testament. In this case, the testator, when making a will, does not provide other persons, including a notary, with the opportunity to familiarize themselves with its contents. A closed will must be written in his own hand and signed by the testator. In a sealed envelope, it is transferred by the testator to a notary in the presence of two witnesses who put their signatures on the envelope. The envelope signed by the witnesses is sealed in their presence by the notary in another envelope, on which the notary makes an inscription containing information about the testator from whom the closed will was accepted by the notary, the place and date of its adoption, the last name, first name, patronymic and place of residence of each witness in accordance with an identity document. The testator has the right cancel or change his will at any time after its completion, without indicating the reasons for its cancellation or modification (no one's consent is required for this). Moreover, this can be done both by drawing up a new will, and by means of an order to cancel. Notice of cancellation of the will must be notarized. 45. 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. The Civil Code provides that power of attorney a written authorization issued by one person to another person for representation before third parties is recognized. A written authorization to conclude a transaction by a representative may be presented by the representative directly to the relevant third party. A power of attorney to conclude transactions requiring a notarial form must be notarized, except as otherwise provided by law. Validity power of attorney cannot exceed three years. If the term is not specified, it shall remain in force for one year from the date of its execution. A power of attorney that does not specify the date of its execution is void. The validity period of powers of attorney is indicated by a notary in words. The power of attorney indicates the place and date of its signing, information about individuals and (or) legal entities (both representatives and represented), in appropriate cases, the position held by representatives of legal entities, as well as the powers granted. Power of attorney issued in order of redistribution, subject to notarization upon presentation of the main power of attorney, which stipulates the right of substitution, or upon presentation of evidence that the representative under the main power of attorney is forced to this by force of circumstances to protect the interests of the issuer of the power of attorney. Such a power of attorney should not contain more rights than are granted under the main power of attorney. The period of validity of a power of attorney issued by way of substitution may not exceed the period of validity of the power of attorney on the basis of which it was issued. The notary shall also indicate in the power of attorney: the date, place of certification and registry number of the main power of attorney; the surname and initials of the notary who certified the main power of attorney, his notarial district or the name of the state notary's office or the surname, initials and position of the person who certified the main power of attorney; information about the individual or legal entity that issued the power of attorney; the position of the person who issued the power of attorney; the powers granted by the main power of attorney, and its validity period; the powers transferred by way of substitution, and the validity period of the power of attorney by way of substitution. On the certification of the power of attorney in the order of substitution by a notary, a mark is made on the main power of attorney. Grounds for terminating a power of attorney: 1) expiration of the power of attorney; 2) cancellation of the power of attorney by the person who issued it; 3) refusal of the person to whom the power of attorney was issued; 4) termination of the legal entity on behalf of which the power of attorney was issued; 5) termination of a legal entity to which a power of attorney has been issued; 6) the death of the citizen who issued the power of attorney, his recognition as incapacitated, partially incapacitated or missing; 7) the death of a citizen to whom a power of attorney has been issued, recognition of him as incapable, with limited capacity or missing. The person who issued the power of attorney may, at any time, revoke the power of attorney or reassignment, and the person to whom the power of attorney has been issued may revoke it. With the termination of the power of attorney, the sub-authority becomes invalid. 46. General provisions on inheritance and notaries According to the Constitution of the Russian Federation, the right to inheritance is guaranteed. According to the Civil Code of the Russian Federation, upon inheritance, the property of the deceased (inheritance, hereditary property) passes to other persons in the order of universal succession, i.e. in an unchanged form as a whole and at the same moment, unless otherwise follows from the rules of the Civil Code of the Russian Federation. Inheritance is carried out by will and by law. It should be borne in mind that registration of inheritance rights in Russia is carried out by only notaries. Into the legacy includes things belonging to the testator on the day of opening the inheritance, other property, including property rights and obligations. The inheritance itself opens with the death of a citizen. Happy Inheritance Opening Day is the day of the citizen's death. The fact of death and the time of opening of the inheritance can be confirmed by the death certificate of the testator, issued by the registry office. The place of opening of the inheritance is the last place of residence of the testator. The place of opening of the inheritance can be confirmed by a certificate from the housing maintenance organization or a certificate from the internal affairs bodies about the last place of residence of the testator, and if the place of residence of the deceased is unknown - by a document containing information about the location of the inherited property (for example, a document from an organization that records or registers property , a title document for inherited property, an extract from the Unified State Register of Rights to Real Estate and Transactions with It, etc.). If the heirs do not have the specified documents, the place of opening of the inheritance is confirmed by a court decision to establish the place of opening of the inheritance. Can be called to inherit citizens who are alive on the day of opening of the inheritance, as well as those conceived during the life of the testator and born alive after the opening of the inheritance. The legal entities specified in it, existing on the day of opening of the inheritance, as well as the Russian Federation, constituent entities of the Russian Federation, municipalities, foreign states and international organizations, can also be called upon to inherit by will, and the Russian Federation may also be called upon to inherit by law in accordance with the Civil Code of the Russian Federation. The notary who received the notification of the opened inheritance, must notify of this those heirs whose place of residence or work is known to him. The notary may also call the heirs by placing a public notice or reporting it in the media. The notary at the place of opening of the inheritance, in accordance with the legislation of the Russian Federation, accepts applications for accepting the inheritance or refusing it. An application for accepting or refusing an inheritance must be made in writing. The notary puts down the date of its receipt on it and certifies it with his signature. The notary gives an order to pay at the expense of the estate a number of expenses, in particular those related to the funeral of the testator. 47. Issuance of certificates of inheritance Certificate of Inheritance is issued at the place of opening of the inheritance a notary or an official authorized in accordance with the law to perform such a notarial act. The certificate is issued at the written request of the heir. At the request of the heirs, a certificate may be issued to all heirs together or to each heir separately, for all of the inheritance property as a whole or for its separate parts. The Civil Code of the Russian Federation establishes that a certificate of the right to inheritance is issued to heirs at any time after six months from the date of opening of the inheritance, with the exception of cases provided for by the Civil Code of the Russian Federation. So, when inheriting both by law and by will, a certificate of the right to inheritance may be issued before the expiration of six months from the date of opening of the inheritance, if there is reliable evidence that, in addition to the persons who applied for the issuance of a certificate, other heirs who have the right on the inheritance or its corresponding part, is not available. The issuance of a certificate of the right to inheritance is suspended by a court decision, as well as in the presence of a conceived but not yet born heir. The certificate is issued only to the heirs who have accepted the inheritance. An heir who has missed the deadline for accepting an inheritance may be included in the certificate of the right to inherit with the consent of all other heirs who have accepted the inheritance. This consent must be made in writing prior to the issuance of a certificate of inheritance. Fundamentals of the notary defines the conditions for issuing a certificate of law to legal inheritance. In this case, the notary, by requesting appropriate evidence, verifies the fact of the death of the testator, the time and place of the opening of the inheritance, the existence of relations that are the basis for calling to inheritance under the law of persons who have submitted an application for a certificate of the right to inheritance, the composition and location of the inheritance property. If one or several heirs are legally deprived of the opportunity to present evidence of the relationship that is the basis for the call to inherit, they may be included in the certificate of the right to inherit with the consent of all other heirs who accepted the inheritance and submitted such evidence. The bases define the conditions for issuing a certificate of entitlement to bequeathed inheritance. Thus, a notary, by requesting appropriate evidence, checks the fact of the death of the testator, the existence of a will (whether it has been cancelled), the time and place of the opening of the inheritance, the composition and location of the inheritance property. When issuing a certificate of the right to inheritance under a will, which implies an indication of kinship or other relations of the heirs with the testator, the notary checks the documents confirming these relations. The notary also finds out the circle of persons entitled to a mandatory share in the inheritance. 48. Certification of the accuracy of copies of documents and extracts from them, the authenticity of the signature and the accuracy of the translation A notary certifies the accuracy of copies of documents and extracts from them issued by state 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. Certification of the accuracy of copies of documents is up to 60% of the work of most notaries. Statement fidelity can only be certified when the document from which the extract is made contains solutions to several separate, unrelated issues. The extract must verbatim reproduce the text of a part of the document on a specific issue. Faithfulness of the copy of the document, issued by a citizen shall be certified by a notary in those cases when 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 place of work, study or residence of the citizen. The foundations provide for witnessing fidelity of a copy from a copy of a document, but on condition that the correctness of the copy is certified by a notary or a copy of the document is 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 this legal entity, sealed and marked that the original document is in the possession of the legal entity. notary testifies authenticity of the signature on a document, the content of which does not contradict the legislative acts of the Russian Federation. It should be borne in mind that a notary, certifying the authenticity of a signature, does not certify the facts set forth in the document, but only confirms that the signature was made by a certain person. When certifying the authenticity of signatures of officials of organizations, the notary establishes the identity of officials and their authority to sign. In confirmation of the powers, the notary shall be presented, in particular, an order on the appointment or a protocol on the election (appointment) of an official; charter (regulation) or other constituent document of the organization, approved in the prescribed manner; certificate of registration of a legal entity; in necessary cases, a power of attorney or other document on vesting the official with the appropriate powers. notary testifies fidelity of translation from one language to another, if the notary knows the relevant languages. If the notary is not proficient in the relevant languages, the translation can be done by a translator whose signature is authenticated by the notary. 49. Certification of facts In accordance with the Fundamentals of Notaries Notaries certify four types of facts: - the fact that a citizen is alive; - the fact that a citizen is in a certain place; - the identity of the citizen's personality with the person depicted in the photograph; - the time of submission of documents. Notary certifies the fact that a citizen is alive. Certification of the fact that a minor is alive is made at the request of his legal representatives (parents, adoptive parents, guardians, trustees), as well as institutions and organizations in whose care the minor is. A notary, at the request of a citizen, certifies the fact of being in a certain place. Certification of the fact that a minor is in a certain place is made at the request of his legal representatives (parents, adoptive parents, guardians, trustees), as well as institutions and organizations in whose care the minor is. The fact that a citizen is alive or the fact that he is in a certain place is established both when the citizen appears before the notary, and when the notary certifies this outside the notary's office (in this case, the address, location of the citizen are indicated). Notary certifies citizen's identity with the face depicted in the photograph provided by this citizen. When performing this action, the notary places a photograph in the upper left corner of the certificate and seals it with his seal. At the same time, the seal is placed in such a way that it partially captures the photograph and the certificate. Fundamentals establish the possibility of notarization the time of submission of documents. Such documents can be very different. Most often, documents are presented to the notary in order to protect the copyrights of the applicants (descriptions of inventions and rationalization proposals, movie scripts, texts of literary works). Applications to a notary to certify facts can be both written and oral. 50. Transfer of applications of individuals and legal entities. Acceptance of money and securities as a deposit Notary transmits applications of citizens, legal entities to other citizens, legal entities personally against receipt or sent by mail with return notification. Applications may also be transmitted using telefax, computer networks and other technical means. The costs associated with the use of technical means for the transmission of applications shall be 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. The transfer of an application and the issuance of a certificate of transfer of an application are registered in the register for registration of notarial acts and are different notarial acts. The most common case in notarial practice is transfer of the application associated with the execution of transactions for the alienation of property in common shared ownership, since when selling a share, the remaining participants in shared ownership have a pre-emptive right to purchase. The latter may not object to the sale of a share, but they may not formalize a formal waiver of the right of pre-emption. Accordingly, a certificate drawn up by a notary will be an unconditional confirmation of the proper notification of the holders of the pre-emptive right to purchase a share. The notary, in cases stipulated by the civil legislation of the Russian Federation, takes from the debtor to deposit money and securities to transfer them to the creditor. The notary notifies the creditor of the receipt of monetary amounts and securities and, at his request, issues to him the due sums of money and securities. Acceptance of monetary amounts and securities as a deposit is made by a notary at the place of fulfillment of the obligation. According to the Civil Code of the Russian Federation, the debtor has the right to deposit a debt with a notary if the obligation cannot be performed due to: 1) the absence of the obligee or the person authorized by him to accept performance in the place where the obligation is to be performed; 2) incapacity of the creditor and absence of his representative; 3) the obvious lack of certainty as to who is the creditor under the obligation, in particular, in connection with a dispute on this issue between the creditor and other persons; 4) the creditor's evasion from accepting performance or any other delay on his part. This list of reasons is exhaustive. Depositing a sum of money or securities into a notary's deposit considered to be the fulfillment of the obligation. The return of sums of money and securities to the person who deposited them is allowed only with the written consent of the person in whose favor the deposit was made, or by a court decision. From the moment of transferring money and securities to the notary, the creditor acquires the right of ownership to this property and is not further limited by any period for receiving it from the deposit. 51. Completion of Protests of Promissory Notes, Presentation of Checks for Payment and Certification of Non-Payment of Checks Protest of a bill of non-payment, non-acceptance and non-dating of acceptance is made by a notary in accordance with the legislative acts of the Russian Federation on a bill of exchange and a promissory note. Only notaries are authorized to protest a bill. The Civil Code of the Russian Federation establishes that in cases where, in accordance with the agreement of the parties, the borrower has issued a bill of exchange, certifying an unconditional obligation of the drawer (promissory note) or other payer specified in the bill (transfer bill) to pay, upon the expiration of the period stipulated by the bill, the amounts of money received on loan, relations parties to a bill of exchange are governed by the law on bills of exchange and promissory notes. Currently, the Federal Law of March 11, 1997 "On a transferable and promissory note" is in force. There are the following types of protest: - protest of a bill of exchange in non-acceptance or non-dating of acceptance; - Protest for non-payment of both promissory notes and bills of exchange. A protest in non-acceptance must be made within the time limits established for presentation for acceptance. A protest for non-payment of a bill of exchange due on a certain day or at such and such time from issue or presentation must be made on one of the two business days following the day on which the bill of exchange is payable. Protest of non-acceptance exempts from presentation for payment and from protest of non-payment. Protest consists in a notary's mark of protest on the most authentic bill, sealed and signed by a notary. Compiled also promissory note protest act, in which the actions performed at the time of presenting the bill for payment are recorded and the reason for non-payment is reflected. The notary at the location of the payer accepts to present a check for payment, submitted after 10 days if the check was issued in the Russian Federation; presented after 20 days, if the check is issued on the territory of the CIS member states; submitted after 70 days, if the check is issued in the territory of any other state, from the date of issue of the check, but no later than 12 o'clock on the next day after this period. In case of non-payment of a check, the notary certifies non-payment of a 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. A check is recognized as a security containing an unconditional order of the drawer of the check to the bank to pay the amount indicated in it to the holder of the check. Check details: 1) the name "check" included in the text of the document; 2) an instruction to the payer to pay a certain sum of money; 3) the name of the payer and an indication of the account from which the payment is to be made; 4) indication of the payment currency; 5) an indication of the date and place of drawing up the check; 6) the signature of the person who issued the check - the drawer. 52. Providing evidence In accordance with the Fundamentals of Notaries the notary is involved in providing evidence. This must be preceded by a written statement of the person who applied for the performance of this notarial act. Fixation of evidence is necessary for further consideration of the case in court or administrative body (police, customs, tax and other executive authorities). Provision of evidence by a notary precedes the trial on the merits. A notary shall not provide evidence in a case which, at the time the interested persons apply to the notary, is in the proceedings of a court or an administrative body. In this case, the provision of evidence is carried out by the judicial authorities according to the rules established by the procedural codes, and by the administrative authorities according to the rules set forth in the RF Code of Administrative Offenses and Administrative Regulations. It should be borne in mind that the provision of evidence is carried out by a notary, if there is reason to believe that the presentation of evidence will subsequently become impossible or difficult. In order to secure evidence, the notary interrogates witnesses, examines written and material evidence, and appoints an expert examination. When performing procedural actions to provide evidence, the notary is guided by the relevant norms of the civil procedural legislation of the Russian Federation. The notary notifies the parties and interested parties about the time and place of providing evidence, however, their failure to appear is not an obstacle to performing actions to provide evidence. About the interrogation of a witness in order to provide evidence, a notary draws up protocol, which indicates: 1) the date and place of interrogation; 2) information about the notary; 3) information about the witness, as well as information about the persons participating in the interrogation; 4) a warning about liability for giving knowingly false testimony and refusal to give evidence; 5) the content of the testimony of the witness (questions put to him and answers to them). The protocol is signed by the witness, persons participating in the interrogation, by a notary and sealed with a notary's seal. During the inspection of written and material evidence a protocol is also drawn up, which is signed by the persons participating in the inspection, by a notary and sealed with a notary's seal. The notary issues a decision on the appointment of an examination. Upon completion of the proceedings for securing evidence, the person concerned shall be issued one copy of each document drawn up in the manner of securing evidence. A copy of each document, drawn up in order to provide evidence, remains in the files of the notary. However the norms of the Fundamentals of Notaries are not confirmed by the norms of procedural legislation. In particular, an examination carried out on the basis of a notary's order will not matter to the court. In addition, the interrogation of the witness itself is problematic in case of his evasion, which will not be punishable in accordance with Russian law. The notary also provides the evidence required for the conduct of cases in the bodies of other states.
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