Advocacy and notary office. Legal foundations of notaries. Financial support for notarial activities (lecture notes)

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Advocacy and notary office. Legal foundations of notaries. Financial support for notarial activities (lecture notes)

Lecture notes, cheat sheets

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LECTURE No. 18. Legal foundations of a notary. Financial support for notarial activities

1. Legal sources of notarial activity

The question of the sources of notarial legislation is of no small legal importance, since notarial practice constantly raises questions about the choice of the legal norm that should be followed when performing a particular notarial act.

1) the main source of any branch of Russian law is Constitution of the Russian Federation. It enshrines the recognition and protection equally of private, state, municipal and other forms of property (Part 2 of Article 8), the inadmissibility of the exercise of rights and freedoms in violation of the rights and freedoms of other persons (Part 3 of Article 17), the equality of all before law and court (part 1 of article 19); inviolability of private life, personal and family secrets (Part 1, Article 23); the right of everyone to own property, own, use and dispose of it, both individually and jointly with other persons; inadmissibility of deprivation of property except by a court decision; rights of inheritance (Article 35); freedom of ownership and use of land and other natural resources, if this does not damage the environment or violate the rights and legitimate interests of other persons (Article 36), and other rights. One of the central importance is the rule on the right to receive qualified legal assistance (Article 48). Currently, the provision of such assistance, along with lawyers, is also entrusted to notaries, who in this case represent the notary office as a public legal institution;

2) federal laws. These primarily include the Fundamentals of Russian Legislation on Notaries, adopted by the Supreme Council of Russia on February 11, 1993. The Fundamentals of Russian Legislation on Notaries are the main act of an organizational and legal nature, defining the modern organization of the notary, the legal status, competence and procedure for the activities of a notary, including including the performance of individual notarial acts. Article 333.24 of the Tax Code of the Russian Federation establishes the amount of the state duty for the performance of notarial acts by notaries of state notary offices and (or) officials of executive authorities, local governments authorized in accordance with the legislative acts of the Russian Federation and (or) legislative acts of the constituent entities of the Russian Federation to perform notarial acts . The Civil Code of the Russian Federation establishes cases of notarization of transactions, determines the essence of specific notarial actions;

3) laws of subjects of the Russian Federation Since, according to Art. 72 of the Constitution of the Russian Federation, the notary is assigned to the sphere of joint jurisdiction, then legal regulation of the subjects of the Russian Federation can be carried out on notary issues;

4) normative acts of the President of the Russian Federation For example, the Regulations on the consular office of the Russian Federation of November 5, 1998, Decree of the President of the Russian Federation of July 22, 2002 No. 767 "On the use of the State Emblem of the Russian Federation on the seals of notaries";

5) Decrees of the Government of the Russian Federation These include: Decree of the Government of the Russian Federation of February 16, 2005 No. 82 "On approval of the Regulations on the procedure for transferring information to the Federal Financial Monitoring Service by lawyers, notaries and persons engaged in entrepreneurial activities in the provision of legal or accounting services", establishing that notaries, if they have reason to believe that transactions or financial transactions made by their clients, are carried out or may be carried out for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism, notify the Federal Financial Monitoring Service of this;

6) acts of federal executive bodies These acts are adopted on a number of issues, including in cases expressly specified in the Fundamentals of the legislation of the Russian Federation on notaries. Thus, the Instruction on the procedure for performing notarial acts by officials of executive authorities dated March 19, 1996, Methodological recommendations on the performance of certain types of notarial acts by notaries of the Russian Federation dated March 15, 2000 No. 91, and also Order of the Ministry of Justice of the Russian Federation dated April 10 2002 No. 99 "On Approval of Forms of Registers for Registration of Notarial Actions, Notarial Certificates and Authentication Inscriptions on Transactions and Certificated Documents";

7) in accordance with Part 4 of Art. 15 of the Constitution of the Russian Federation generally recognized principles and norms of international law and international treaties of Russia are part of its legal system. In the context of Russia's entry into the world economic and legal space, the importance of international treaties on legal issues is very significant. For example, notaries apply the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (Minsk Convention of January 22, 1993) and other international agreements and treaties.

2. Financial support for notarial activities

The source of financing for the activities of a notary engaged in private practice is the money received by him for performing notarial acts and providing services of a legal and technical nature, as well as other financial receipts that do not contradict the legislation of the Russian Federation. State notary offices are supported by deductions from the federal budget of the Russian Federation. Thus, the provided premises, repairs, payment of utilities, provision of office equipment and stationery, furniture, payment of wages to notaries and employees of the notary's office - all this is paid from the budget. This also includes compensation for damage caused to citizens as a result of illegal actions of a notary.

A notary engaged in private practice charges a fee equal to the state fee established by Art. 333.24 of the Tax Code of the Russian Federation. In other cases, the tariff is determined by an agreement between individuals and (or) legal entities who applied to a notary, and a notary. All costs associated with the performance of notarial acts and ensuring the safety of documents, he pays from the notary fee charged; paid: rent of premises, utility bills, stationery, insurance premiums, contributions to the notary's chamber, salaries to employees of the notary's office, income tax, contributions to the pension fund, social insurance fund, compulsory medical insurance funds. The funds received by a notary engaged in private practice, after paying taxes and other obligatory payments, become the property of a notary. The notary's clients are obliged to pay the state fee before performing notarial acts.

The Tax Code of the Russian Federation, for example, establishes the following the size of the state fee for the performance of notarial acts by public notaries:

1) for the certification of powers of attorney for transactions that require a notarized form - 200 rubles;

2) for the certification of agreements on the mortgage of residential premises as security for the repayment of a credit (loan) granted for the purchase or construction of a residential building, apartment - 200 rubles;

3) for certification of constituent documents (copies of constituent documents) of organizations - 500 rubles;

4) for the certification of an agreement on the payment of alimony - 250 rubles;

5) for the certification of a marriage contract - 500 rubles;

6) for the certification of surety agreements - 0,5% of the amount for which the obligation is assumed, but not less than 200 rubles and not more than 20 rubles;

7) for certifying an agreement on changing or terminating a notarized contract - 200 rubles;

8) for the certification of wills, for the adoption of a closed will - 100 rubles;

9) for opening an envelope with a closed will and announcing a closed will - 300 rubles;

10) for making a writ of execution - 0,5% of the recovered amount, but not more than 20 rubles;

11) for taking measures to protect the inheritance - 600 rubles;

12) for protesting a bill of non-payment, non-acceptance and non-dating of acceptance and for certification of non-payment of a check - 1% of the unpaid amount, but not more than 20 rubles;

13) for the issuance of duplicate documents kept in the files of state notary offices, executive authorities - 100 rubles.

Moreover, for notarial acts performed outside the premises of the state notary's office, executive authorities and local governments, the state fee is paid in the amount increased by one and a half times.

Privileges for individuals and legal entities provided for by the legislation on the state fee apply to these persons when performing notarial acts, drafting documents, issuing copies and performing technical work both by notaries working in state notary offices and by notaries engaged in private practice.

The following are exempted from paying the state fee in bodies performing notarial acts:

1) public authorities, local self-government bodies applying for notarial acts in cases provided for by law;

2) disabled people of groups I and II - by 50% for all types of notarial acts;

3) individuals - for the certification of wills of property in favor of the Russian Federation, constituent entities of the Russian Federation and (or) municipalities;

4) public organizations of the disabled - for all types of notarial acts;

5) individuals - for the issuance of certificates of the right to inheritance upon inheritance:

a) a residential building, as well as a land plot on which a residential building, apartments, rooms or shares in the specified immovable property are located, if these persons lived together with the testator on the day of the testator's death and continue to live in this house (this apartment, room) after his death;

b) the property of persons who died in connection with the performance of their state or public duties or with the fulfillment of the duty of a citizen of the Russian Federation to save human life, protect state property and law and order, as well as the property of persons subjected to political repression. The dead also include persons who died before the expiration of one year as a result of injury (concussion), diseases received in connection with the above circumstances;

c) deposits in banks, funds in bank accounts of individuals, sums insured under personal and property insurance contracts, wages, copyrights and royalties provided for by the legislation of the Russian Federation on intellectual property, pensions.

Heirs who have not reached the age of majority by the day of opening the inheritance, as well as persons suffering from mental disorders, over whom guardianship has been established, are exempted from paying the state fee upon receipt of a certificate of the right to inheritance in all cases, regardless of the type of inheritance property;

6) boarding schools - for the execution of executive orders on the collection of debts from parents for the payment of amounts for the maintenance of their children in such schools;

7) military units, organizations of the Armed Forces of the Russian Federation, other troops - for making executive inscriptions on the collection of debts in compensation for damage and other categories of citizens and organizations.

Author: Nevskaya M.A.

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