Advocacy and notary office. The procedure for appointing a notary and terminating his powers (the most important)

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Advocacy and notary office. The procedure for appointing a notary and terminating his powers (the most important)

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35. The procedure for appointing a notary and terminating his powers

The total number of positions of notaries is determined by the body of justice together with the notarial chamber, as a rule, based on the number of people living in a certain territory and the number of notarial acts performed.

The position of a notary is established and liquidated by the above mentioned bodies.

Authorization of a notary is made on the basis of the recommendation of the notarial chamber by the Ministry of Justice of the Russian Federation or, on its behalf, by the justice authority on a competitive basis from among licensed persons. Persons who have passed the qualifying exams receive a license for the right to engage in notarial activities.

The competition must be announced by order of the territorial body of the Federal Registration Service no later than 10 days from the date of opening of the vacant position of a notary, indicating the terms of the competition, the place and time of the meeting of the competition commission, as well as the deadline for accepting documents for the competition.

To conduct the competition, by order of the territorial body, a tender commission is formed in the amount of 8 people from an equal number of employees of the territorial body of the Federal Registration Service and members of the notary chamber who are notaries.

To participate in the competition are allowed citizens of the Russian Federation with a higher legal education, who have completed an internship at a state notary's office or at a notary engaged in private practice, who have passed a qualifying exam, who have a license for the right to notarial activities.

During the competition, the contestants are evaluated on the basis of the documents submitted by them, including documents on the internship and the results of the qualifying exams.

The candidate with the most points is considered the winner of the competition.

In case of equality of points for several candidates, the decision of the competition commission is made by open voting. The results of voting and the decision of the competition commission are announced to the persons who took part in the competition on the next day after the end of the competition.

Termination of powers of a notary Dismissal of a notary, working in a state notary office, is carried out in accordance with the labor legislation of the Russian Federation and the republics within the Russian Federation.

A notary engaged in private practice resigns at his own request or is relieved of his powers on the basis of a court decision depriving him of the right to notarial activities in the following cases:

1) his conviction for committing an intentional crime - after the entry into force of the sentence;

2) limitation of legal capacity or recognition as incapacitated in the manner prescribed by law;

3) at the request of the notarial chamber for repeated disciplinary offenses, violation of the law.

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

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