Advocacy and notary office. The procedure for performing notarial acts (the most important)

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Advocacy and notary office. The procedure for performing notarial acts (the most important)

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45. Procedure for performing notarial acts

The concept of notarial action is ambiguous. Allocate dynamic and static concepts of notarial action. Dynamic, expressed in the consistent commission of a whole system of legal facts, the static concept of a notarial act is interpreted as a result of notarial proceedings, as a legal fact

The following features of a notarial act can be distinguished:

1) it is performed only by a certain circle of persons established by federal legislation - state and privately practicing notaries, officials of executive authorities and consular institutions;

2) notarial action is performed on behalf of the Russian Federation;

3) each notarial act must be provided for by federal law. The Fundamentals of the Russian Federation legislation on notaries lists the range of notarial actions, but this list is not exhaustive, since the legislative acts of the Russian Federation may provide for other notarial actions;

4) notarial acts are carried out only within the framework of a special procedure - notarial proceedings;

5) a notarial action must comply with the requirements of the legislation not only in the form of its performance, but also in the essence of the action itself, determined by the norms of substantive law;

6) obligatory payment of state duty or notarial fee in accordance with the legally established rates.

Notarial acts are usually performed in a notary's office. In some cases, they can be committed outside the office, for example, if the citizens for whom they are performed, for a good reason, cannot come to the notary. In this case, the place of performance of the notarial act is recorded in the certification inscription on the document and in the register for registration of notarial acts, indicating the exact address.

To make certification inscriptions, stamps with the text of the corresponding inscription can be used.

To store documents requested and left after notarial acts, notaries keep orders, which are usually formed according to the types of documents. For the storage of notarial certificates of the right to inheritance and documents on the basis of which these certificates were issued, a certain procedure is established.

For the performance of notarial acts, as well as for drafting transactions, statements, making copies of documents, extracts from them, issuing duplicate documents from interested parties, a state fee or tariff is charged in accordance with applicable law.

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

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