Advocacy and notary office. Powers of a notary (most important)

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Advocacy and notary office. Powers of a notary (most important)

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41. Powers of a notary

The totality of statutory powers granted to a notary constitute his competence, which is divided into: subject и territorial.

Subject competence is expressed in what notarial actions the notary is authorized to perform. Thus, the competence of public notaries is wider than that of private practitioners, since, according to Art. 36 Fundamentals, notaries working in state notary offices, in addition to notarial actions provided for private notaries, have the right to issue certificates of the right to inheritance and take measures to protect hereditary property.

Territorial competence involves the performance of certain notarial acts by notaries of a certain notarial district.

The professional activity of notaries in the Russian Federation consists in the performance of notarial acts provided for by law. Articles 35 and 36 of the Fundamentals of the legislation of the Russian Federation on notaries establish a range of these actions.

In carrying out his professional activities, a notary is endowed with a number of rights:

1) to perform notarial acts provided for by the Fundamentals in the interests of individuals and legal entities who apply to him, except for cases when the place of performing a notarial act is determined by the legislation of the Russian Federation or international treaties;

2) draw up draft transactions, statements and other documents, make copies of documents and extracts from them, as well as provide explanations on issues of performing notarial acts. A notary can either draw up a draft transaction himself or certify a completed draft. When drawing up a draft, the notary ensures that the terms of the contract comply with the law or do not contradict it, otherwise any inaccuracy or ambiguity may become a reason for challenging this document;

3) request from individuals and legal entities information and documents necessary to perform notarial acts. If the missing documents can only be issued directly to the person who contacted the notary, then the notary does not request them, but offers to present them, explaining the procedure for receiving them. When information can only be provided upon request, the notary draws up a corresponding request. The notary is obliged to check the documents submitted by citizens to perform a notarial act, since the notary himself bears responsibility for the notarial act performed. The legislation of the republics within the Russian Federation may grant other rights to a notary.

The rights of a notary may be limited in cases where the actions they perform directly concern the notaries themselves or their next of kin.

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

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