Advocacy and notary office. Establishment and liquidation of the position of notary. Notary trainees and assistants (lecture notes)

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Advocacy and notary office. Establishment and liquidation of the position of notary. Notary trainees and assistants (lecture notes)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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LECTURE No. 19. Establishment and liquidation of the position of a notary. Trainees and assistants of notaries

1. The procedure for appointment to the position of a notary

The total number of positions of notaries is determined by the body of justice together with the notarial chamber, as a rule, based on the number of people living in a certain territory and the number of notarial acts performed. But this number is not constant, since, on the one hand, the need for notarial services may increase due to changes in economic and other conditions, or, on the contrary, decrease. And, as a result, it is necessary to increase the number of notaries in a particular area accordingly or reduce it.

The position of a notary is established and liquidated by the above mentioned bodies.

Authorization of a notary is made on the basis of the recommendation of the notarial chamber by the Ministry of Justice of the Russian Federation or, on its behalf, by the justice authority on a competitive basis from among licensed persons. Under the justice authorities of the republics within the Russian Federation, the autonomous region, autonomous districts, territories, regions, cities of Moscow and St. Petersburg, with the participation of representatives of the notarial chamber, a qualification commission is formed, which takes an exam from persons who have completed an internship and wish to engage in notarial activities. Based on the results of the examination, the commission makes a decision on the professional readiness of a person to carry out notarial activities, which is signed by all members of the commission present at the exam and remains stored in the relevant body of justice. Persons who have passed the qualifying exams receive a license for the right to engage in notarial activities. The license itself does not give the right to start notarial activities.

The procedure for issuing a license established by the Ministry of Justice of the Russian Federation. Refusal to issue a license may be appealed against in court within one month from the date of receipt of the decision of the body of justice. The license is nominal in nature, has a serial number, is made on a special form.

Competition procedure determined by the Regulations on the procedure for holding a competition for filling a vacant position of a notary by order of the Ministry of Justice of the Russian Federation dated February 17, 1997 No. 19-01-19-97. The regulation establishes that the purpose of the competition is to select the most trained persons for the positions of notaries, having the necessary professional knowledge, able to provide legal protection of property and other rights and legitimate interests of citizens and legal entities.

The competition must be announced by order of the territorial body of the Federal Registration Service no later than 10 days from the date of opening of the vacant position of a notary, indicating the terms of the competition, the place and time of the meeting of the competition commission, as well as the deadline for accepting documents for the competition. The notarial chamber shall be notified of the decision taken within three days from the date of issuance of the order. The start date of the competition is set not earlier than one month and not later than 2 months after the announcement of the competition.

To conduct the competition, by order of the territorial body, a tender commission is formed in the amount of 8 people from an equal number of employees of the territorial body of the Federal Registration Service and members of the notary chamber who are notaries.

To participate in the competition are allowed citizens of the Russian Federation with a higher legal education, who have completed an internship at a state notary's office or at a notary engaged in private practice, who have passed a qualification exam, and who have a license for the right to notarial activities. A license for the right to notarial activity (hereinafter referred to as the license) is issued by the authorized bodies of justice of the republics within the Russian Federation, the autonomous region, autonomous districts, territories, regions, cities of Moscow and St. Petersburg within a month after passing the qualification exam based on the decision of the qualification commission.

Persons wishing to participate in the competition submit an application to the secretary of the competition commission, which is then registered in a special journal with the assignment of a serial registration number. Along with the application, notarized copies must be provided: a diploma of higher legal education, a work book, a license for the right to notarial activities, as well as a sheet of personnel records of the established form with a photographic card of the candidate.

Other documents or their notarized copies, which characterize the professional legal training of the candidate, may also be provided. After that, on the basis of the submitted documents, the competition commission decides on the admission of candidates to participate in the competition.

During the competition, the contestants are evaluated on the basis of the documents submitted by them, including documents on the internship and the results of the qualifying exams. If necessary, the commission has the right to conduct individual interviews with contestants on issues related to notarial activities. Candidates are evaluated on a ten-point system.

The candidate with the most points is considered the winner of the competition.

In case of equality of points for several candidates, the decision of the competition commission is made by open voting. The results of voting and the decision of the competition commission are announced to the persons who took part in the competition on the next day after the end of the competition.

2. Termination of powers of a notary

The procedure for dismissal of a notary public differs in relation to public notaries and notaries engaged in private practice. So, dismissal of a notary, working in a state notary office, is carried out in accordance with the labor legislation of the Russian Federation and the republics within the Russian Federation.

A notary engaged in private practice resigns at his own request or is relieved of his powers on the basis of a court decision depriving him of the right to notarial activities in the following cases:

1) his conviction for committing an intentional crime - after the entry into force of the sentence. Moreover, the composition of the crime is not specified;

2) limitation of legal capacity or recognition as incapacitated in the manner prescribed by law;

3) at the request of the notarial chamber for repeated disciplinary offenses, violation of the law (for example, a notary acting under a power of attorney, the validity of which has expired), as well as in case of impossibility to perform professional duties for health reasons (if there is a medical certificate) and in other cases provided by the legislative acts of the Russian Federation.

The body of justice, together with the notarial chamber, decides on the transfer of documents kept by the notary, whose powers are terminated, to another notary.

3. Intern and assistant of notaries

notary trainee may be a person with a higher legal education, and a notary's assistant - having a license for the right to notarial activities.

Appointment as an intern и assistant notaries in the state notary's office is carried out by the body of justice on the basis of an employment contract, which defines their rights and obligations. An internship with a notary engaged in private practice is also carried out on the basis of an employment agreement (contract) between the notary and the person wishing to undergo an internship.

Interns for an internship may be appointed to the vacant position of a public notary, assistant notary, consultant.

Persons applying for the position of a notary must complete an internship for a period of at least one year in a state notary's office or with a notary engaged in private practice. The period of internship for persons who have at least 3 years of experience in the legal specialty may be reduced by a joint decision of the justice authority and the notary chamber. The duration of the internship cannot be less than 6 months. The term of the internship may be extended for the duration of the intern's illness or his absence for other valid reasons by a joint decision of the justice authority and the notary chamber.

The procedure for passing the internship is determined by the Order of the Ministry of Justice of the Russian Federation dated June 21, 2000 "On approval of the procedure for passing the internship by persons applying for the position of a notary." The number of notary trainee positions is determined annually by a joint decision of the territorial body of the Federal Registration Service and the Notary Chamber. To determine the level of training of persons wishing to undergo an internship with notaries, an exam is held.

The direct supervision of the work of interns in the state notary's office is carried out by a notary with at least 3 years of work experience in the specialty, who is entrusted with these functions by order of the justice authority. For the implementation of these functions, a notary may be established by the body of justice an allowance to the official salary.

A notary working in a state notary's office or in private practice may simultaneously supervise the work of no more than two trainees.

The remuneration for the work of a trainee in a state notary's office is made from the salary fund of the state notary's office.

The territorial body of the Federal Registration Service approves the internship program, which is unified and mandatory for all interns and internship leaders and contains a list of activities aimed at obtaining special theoretical knowledge by the intern, acquiring practical skills in performing notarial acts and organizing the work of a notary. Reducing the internship period does not relieve the intern from the obligation to master the internship program.

Responsibilities of trainees may include: preparation of draft notarial documents, reception of visitors, legal assessment of submitted documents, advising citizens and legal entities on issues of notarial acts, etc.

At the end of the internship, the supervisor of the intern draws up a conclusion on its results, which is attached to the application for passing the qualification exams.

Author: Nevskaya M.A.

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