LECTURE No. 20. Public and private notaries

1. State notary offices

State notary offices are opened and abolished by the Ministry of Justice of the Russian Federation or, on its behalf, by the ministries of justice of the republics within the Russian Federation, the justice authorities of the autonomous region, autonomous districts, territories, regions, cities of Moscow and St. Petersburg in the republics of the Russian Federation, the autonomous region, autonomous districts, territories, regions, cities of Moscow and St. Petersburg, respectively.

Notaries working in state notary offices are authorized to perform the following notarial acts:

1) certification of transactions;

2) issuance of a certificate of ownership of a share in the common property of the spouses;

3) the imposition and lifting of a prohibition on the alienation of property;

4) certification of copies of documents and extracts from them, the authenticity of the signature on the documents, the accuracy of the translation of documents from one language into another;

5) certification of the fact that a citizen is alive, that a citizen is in a certain place;

6) identification of the citizen with the person depicted in the photograph;

7) certification of the time of presentation of documents;

8) transfer of the application of individuals and legal entities to other individuals and legal entities;

9) accepting monetary amounts and securities as a deposit;

10) execution of executive inscriptions, protests of bills, maritime protests;

11) presentation of checks for payment and certification of non-payment of checks;

12) acceptance for storage of documents;

13) provision of evidence;

14) issuance of a certificate of the right to inheritance. A certificate of ownership in the event of the death of one of the spouses is issued by a state notary office, whose competence includes registration of inheritance rights;

15) taking measures for the protection of hereditary property.

In the absence of a state notary's office in the notary district, the performance of these notarial acts is entrusted by a joint decision of the body of justice and the notary chamber to one of the notaries engaged in private practice.

If there is no notary public at all in the settlement, then the obligation to perform notarial acts is assigned on officials of executive authorities who are entitled to perform the following notarial acts:

1) certification of wills and powers of attorney;

2) taking measures for the protection of hereditary property;

3) certification of the accuracy of copies of documents and extracts from them, as well as the authenticity of signatures on documents.

Also, officials of consular institutions of the Russian Federation are authorized to perform certain notarial acts (for example, certification of transactions, except for agreements on the alienation of real estate located on the territory of the Russian Federation).

The register of all state notary offices and notary offices engaged in private practice is maintained by the Ministry of Justice of the Russian Federation on the basis of the Order dated December 2, 2003 "On Approval of the Procedure for Maintaining the Register of State Notary Offices and Notary Offices engaged in private practice".

In accordance with the said Order, the register is formed and maintained by the Office for Control in the Sphere of Advocacy and Notaries and Legal Assistance of the Federal Registration Service to ensure registration of state notary offices and notary offices engaged in private practice, as well as to provide interested persons with the information contained in the register.

The information contained in the register is open and must be provided within ten days from the date of receipt of the relevant request.

2. Notary in private practice

Along with state offices in the Russian Federation, there are private notaries.

A notary engaged in private practice is endowed with a wide range of powers:

1) have the right to have an office, which is a room located in a non-residential fund. The office should have: a reception room, a notary's secretary's room, a notary's room;

2) have the right to open settlement and other accounts in any bank, including foreign currency, from which a notary can transfer money for renting premises, make settlements with tax authorities, a pension fund. Also, the notary has the right to open a deposit account, to which the client transfers money so that the notary, at his direction, transfers this money to an organization, individual, etc. The client's money stored in the notary's deposit account is not his income;

3) have the right to have property and personal non-property rights and obligations;

4) have the right to hire and fire employees. In this case, he must pay them wages, make payments for these workers with a pension fund, a fund for compulsory medical insurance and social insurance. Thus, the notary uses the services of the system of state social security, medical and social insurance in the manner prescribed by the legislation of the Russian Federation;

5) manage the received income. But it must be taken into account that he is obliged to pay salaries to employees, pay for the rent of premises, office supplies, etc. He also transfers 28% of income to the pension fund for himself, pays 35% to the tax authorities, and only after that the notary has his net income that he can dispose of;

6) act in court (for example, if close relatives of the testator try to challenge the will certified by a notary), arbitration court on their own behalf and perform other actions in accordance with the legislation of the Russian Federation and the republics within the Russian Federation.

Notaries engaged in private practice are authorized to perform the same notarial acts as public notaries, with the exception of issuing a certificate of the right to inheritance and taking measures to protect the inheritance property.

Legislative acts of the Russian Federation may provide for other notarial acts.

On the basis of the Letter of the Pension Fund of Russia (hereinafter - FR) dated October 1, 1997 No. LCH -16-28 / 7063 "On notaries engaged in private practice", registration of notaries is carried out by the PFR bodies at the place of permanent residence of notaries or at their location notary offices upon presentation of certified copies of the order of the body of justice on his appointment to the position of a notary, a license for the right to notary activities, as well as an application for registration, a passport or other document proving the identity of this person.

In the event that notaries employ citizens under employment contracts or under civil law contracts, the subject of which is the performance of work and the provision of services, they are registered with the PFR bodies as notaries engaged in private practice and notaries using the labor of hired workers. Therefore, when registering a notary as an employer, in addition to the above application, passport and copies of documents, they are also presented with certified copies of contracts.

A notary engaged in private practice is responsible for his actions with all his property. He is obliged to conclude an insurance contract for his activities and, therefore, the damage caused by the notary is compensated at the expense of the sum insured, and in case of its insufficiency, at the expense of other property of the notary. The sum insured cannot be less than 100 times the minimum monthly wage established by law.

A notary is not entitled to perform his duties without concluding an insurance contract.

Author: Nevskaya M.A.

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