Lecture notes, cheat sheets
Advocacy and notary office. Control over the performance of notarial acts (the most important) Directory / Lecture notes, cheat sheets Table of contents (expand) 54. Control over the performance of notarial acts The fundamentals of the legislation of the Russian Federation on notaries distinguish the following types of control over the performance of notarial acts: 1) judicial control (art. 33); 2) control over the performance of professional duties by notaries (Article 34); 3) tax control (Article 34). Refusal to perform a notarial act or incorrect performance of a notarial act may be appealed. to court According to Art. 310 Code of Civil Procedure of the Russian Federation. An interested person who considers a notarial action performed or a refusal to perform a notarial action wrong, has the right to file an application about this with the court at the location of the notary or at the location of the official authorized to perform notarial actions. The application must be filed with the court within 10 days from the date when the applicant became aware of the notarial act performed or the refusal to perform the notarial act. This application is considered by the court with the participation of the applicant, as well as a notary, an official who performed a notarial act or refused to perform a notarial act. The decision of the court, which satisfied the application for a completed notarial action or a refusal to perform it, cancels the committed notarial action or obliges to perform such an action (Article 312 of the Code of Civil Procedure of the Russian Federation). Judicial control over the activities of notaries and officials authorized to perform notarial acts is aimed at protecting the interests of individuals and legal entities when applying for notarial acts. Control over the performance of professional duties by notariesthose working in state notary offices are carried out by the justice authorities, and notaries engaged in private practice are carried out by notary chambers. An audit of the organization of a notary's work is carried out once every 4 years. The purpose of the inspection is to identify violations and errors in work, provide assistance and take measures to eliminate the causes and conditions of deficiencies in work. Notaries are obliged to provide officials authorized to conduct inspections with information and documents relating to settlements with individuals and legal entities. Monitoring compliance with tax laws carried out by the tax authorities in the manner and terms provided for by the legislation of the Russian Federation. The tax authorities are obliged to check the correctness of the calculation and withholding, the timeliness and completeness of transfers to the budget. The correctness of the collection of the notarial fee is determined by the entries in the register of registration of notarial acts. Based on the results of inspections and examinations of the activities of individuals, an act is drawn up, which must contain all the details of the person being inspected, information about his activities and the results of inspections and examinations. Authors: Nevskaya M.A., Shalagina M.A. << Back: Providing evidence >> Forward: General issues of ethics of a notary We recommend interesting articles Section Lecture notes, cheat sheets: ▪ Materials Science. Lecture notes ▪ History and theory of religions. Lecture notes See other articles Section Lecture notes, cheat sheets. Read and write useful comments on this article. Latest news of science and technology, new electronics: The existence of an entropy rule for quantum entanglement has been proven
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