Advocacy and notary office. Legal sources of notarial activity (most important)

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Advocacy and notary office. Legal sources of notarial activity (most important)

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33. Legal sources of notarial activity

The question of the sources of notarial legislation is of no small legal importance, since notarial practice constantly raises questions about the choice of the legal norm that should be followed when performing a particular notarial act.

1) the main source of any branch of Russian law is Constitution of the Russian Federation. One of the central importance is the rule on the right to receive qualified legal assistance (Article 48). Currently, the provision of such assistance, along with lawyers, is also entrusted to notaries, who in this case represent the notary office as a public legal institution;

2) federal laws. These primarily include Fundamentals of Russian legislation on notaries, adopted by the Supreme Council of Russia on February 11, 1993. The fundamentals of Russian legislation on notaries are the main act of an organizational and legal nature, defining the modern organization of the notary, the legal status, competence and procedure of the notary. Article 333.24 of the Tax Code of the Russian Federation establishes the amount of state duty for performing notarial acts. The Civil Code of the Russian Federation establishes cases of notarization of transactions, determines the essence of specific notarial actions;

3) laws of subjects of the Russian Federation According to Art. 72 of the Constitution of the Russian Federation, the notary is assigned to the sphere of joint jurisdiction;

4) normative acts of the President of the Russian Federation. For example, Decree of the President of the Russian Federation of July 22, 2002 No. 767 “On the use of the State Emblem of the Russian Federation on notary seals”;

5) acts of federal executive bodies These acts are adopted on a number of issues, including in cases expressly specified in the Fundamentals of the legislation of the Russian Federation on notaries. Thus, the Instruction on the procedure for performing notarial acts by officials of executive authorities dated March 19, 1996, as well as the Order of the Ministry of Justice of the Russian Federation dated April 10, 2002 No. certification inscriptions on transactions and witnessed documents";

6) in accordance with Part 4 of Art. 15 of the Constitution of the Russian Federation generally recognized principles and norms of international law and international treaties of Russia are part of its legal system.

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

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