Advocacy and notary office. Notarial activities (most important)

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Advocacy and notary office. Notarial activities (most important)

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32. Notarial activity

Currently, the notary in the Russian Federation is not included in the system of executive authorities, and the notary is not an official, but acts as an independent representative of the state, endowed by him in a special manner with the authority to perform notarial acts on behalf of the Russian Federation.

Notarial activity in the Russian Federation has a number of legal guarantees:

1) the notary is impartial, i.e. the parties who applied to him for legal assistance are in an equal position, the notary is not entitled to give preference to any of the parties;

2) independence is manifested in the fact that in relation to the performed notarial act, the notary must independently make decisions without anyone's instructions;

3) in his activities, the notary is guided by the Constitution of the Russian Federation, the Constitutions of the republics within the Russian Federation, the Fundamentals of the legislation of the Russian Federation on notaries, legislative acts of the Russian Federation and subjects of the Russian Federation adopted within their competence, as well as international treaties;

4) a notary in the performance of official duties, as well as persons working in a notary's office, are prohibited from disclosing information, divulging documents that became known to them in connection with the performance of notarial acts, including after resignation or dismissal, except in cases where 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.

The law establishes certain restrictions on notarial activities. Yes, Art. 6 of the Fundamentals of the legislation of the Russian Federation on notaries (hereinafter referred to as the Fundamentals) states: "A notary is not entitled to engage in independent entrepreneurial and any other activities other than notarial, scientific and teaching, and to provide mediation services when concluding contracts."

The activity of notaries takes place in certain notarial districts, which are established in accordance with the administrative-territorial division of the Russian Federation. In cities that have a district or other administrative division, the notarial district is the entire territory of the corresponding city.

The territory of activity of a notary may be changed by a joint decision of the body of justice and the notary chamber. However, the body of justice, together with the notarial chamber, may establish a different district for conducting inheritance cases.

At the same time, the performance by a notary of a notarial action outside his notarial district does not entail the recognition of the invalidity of this action.

Authors: Nevskaya M.A., Shalagina M.A.

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