Advocacy and notary office. Certification of indisputable facts (most important)

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Advocacy and notary office. Certification of indisputable facts (most important)

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52. Certification of indisputable facts

According to the Fundamentals of the Legislation of the Russian Federation on the notary, the notary establishes the following indisputable facts:

1) the fact that the citizen is alive;

2) the fact that a citizen is in a certain place;

3) the identity of the citizen's personality with the person depicted in the photograph;

4) time of submission of documents.

The fact that a citizen is alive can be established by a notary or officials of consular institutions of the Russian Federation. Certification of the fact that minors are alive is made at the request of their legal representatives, as well as institutions and organizations in whose care the minor is. This fact can be established both when a citizen appears before a notary, and outside the premises of a notary's office.

A citizen must submit an application to a notary public, which indicates the purpose pursued by the applicant by establishing this fact. On the basis of the submitted application, the notary establishes the identity of the citizen according to the document certifying it. The certificate indicates the place, the date of issue of the certificate, the surname and initials of the notary, the location of his office, the surname, name, patronymic of the person in respect of whom the certificate was issued, his address, the time when the citizen appeared to receive the certificate. This certificate is drawn up in two copies, one of which is issued to the person concerned, and the second is kept in the notary's office.

The fact that a citizen is in a certain place (for example, in cases related to the receipt of alimony), the notary certifies at the request of a citizen.

An application for certification of such a fact may be submitted both in writing and orally. In the application, the citizen indicates the reason for which this request arose, and what purpose the applicant pursues by establishing this fact.

For identity citizen identity with the person depicted in the photograph submitted by this citizen, the interested person submits to the notary an appropriate application, which can be both oral and written. The notary, having established the identity of the applicant, must make sure that it is the citizen who appeared to him that is depicted in the submitted photograph. After that, an appropriate certificate is drawn up in two copies, and a photograph is placed in the upper left corner of the issued certificate.

Certification of the time of presentation of documents It is also made on the basis of an oral or written application of the person concerned. Documents must be presented in two copies. The notary establishes the identity of the applicant, on both copies of the document an acknowledgment inscription is made with the obligatory indication of the person who presented the document.

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