Advocacy and notary office. Notary chambers (lecture notes)

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Advocacy and notary office. Notary chambers (lecture notes)

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LECTURE No. 21. Chambers of Notaries

1. Legal status of notary chambers

Chamber of Notaries is a non-profit organization, which is a professional association based on the mandatory membership of notaries in private practice. Persons who have received or wish to obtain a license for the right to notarial activities may also be members of the notarial chamber.

In the Russian Federation there is Federal Notary Chamber and notary chambers of the constituent entities of the Russian Federationcreated in each republic, autonomous region, autonomous district, region, region, cities of Moscow and St. Petersburg.

The chambers act in accordance with the Constitution of the Russian Federation, the legislation of the Russian Federation, the charter of the chamber, registered by the justice authorities of the Russian Federation.

The notarial chamber may carry out entrepreneurial activities insofar as it is necessary to fulfill its statutory tasks.

The notarial chamber is liable for its obligations with its property, which can be levied under the legislation of the Russian Federation, but is not liable for the obligations of its members, just as members of the notarial chamber are not liable for the obligations of the chamber.

The Notary Chamber is a legal entity and organizes its work on the principles of self-government, publicity, legality and decency.

The goals of the activities of notary chambers are: representing and protecting the interests of notaries, providing them with assistance and assistance in the development of private notarial activities; organizing internships for persons applying for the position of a notary, and improving the professional training of notaries; reimbursement of expenses for examinations appointed by the court in cases related to the activities of notaries; organization of notarial activity insurance. The legislation of the republics within the Russian Federation may provide for other powers of the notarial chamber. The charter of a particular notarial chamber may also provide for other powers, for example, to publish methodological manuals, analyze practice, etc.

The notarial chamber is created by the decision of the meeting of founders.

constituent Assembly adopts its charter, elects the governing and controlling bodies of the chamber - the president of the chamber, the board, the audit commission. The charter is registered in the manner established for the registration of charters of public associations.

The supreme body of the notarial chamber is a meeting of members of the notarial chamber, which is competent to make decisions at least once a year if at least half of the members of the chamber participate in its work. When voting, members of the notarial chamber, who are notaries engaged in private practice, have the right of a decisive vote, and assistants and trainees of a notary have the right of an advisory vote.

The board of directors and the president of the notary chamber, elected by the meeting of members of the notary chamber, are in charge of the notary chamber. The powers of the meeting of members of the notary chamber, the board of the notary chamber and the president of the notary chamber are regulated by the charter of the notary chamber.

The powers of the Assembly of members of the chamber include: election of the board, president, audit commission; approval of the income and expenditure estimates of the chamber; determination, together with the justice authorities, of the total number of notaries in the notarial district; determining the size of membership fees; resolution of other issues related to the activities of the chamber.

Membership fee can be set as a percentage of the income received by a notary, or be a fixed amount or calculated in terms of minimum wages.

The powers of the board include: determination of the date and time of the meeting of members of the chamber; preparation of issues submitted for consideration by the meeting; application together with the justice authorities to the court of a petition to deprive notaries of the right to notarial activities; organization of events to improve the professional level and qualifications of notaries; consideration of complaints against the actions of a notary; consideration, on behalf of the meeting of the chamber, of other issues related to the activities of the chamber. The activities of the board are carried out on the basis of collegiate leadership, publicity, regular reporting to members of the notary chamber and the wide involvement of notaries in the work of the notary chamber.

The president of the chamber is elected from among the notaries by the meeting of the chamber for a term of 2 years. He directs the work of the board, represents the chamber in international organizations of notaries, public authorities of the Russian Federation, organizes the verification of complaints and other materials about the actions of notaries, exercises control over the execution of decisions of the meetings of the chamber, board resolutions, constantly informs the meeting about the progress of their implementation and exercises other powers.

With a large amount of work in the regional notary chamber, a vice president may be elected for the same term as the president of the notary chamber.

Control over the financial and economic activities of the Chamber is carried out by the Audit Commission.

Many notary chambers issue information bulletins, which publish the correspondence of the notary chamber with state institutions, local governments, as well as other information necessary for the daily work of a notary.

2. Federal Notary Chamber

Federal Chamber of Notaries is a non-profit organization representing a professional association of notarial chambers of the republics within the Russian Federation, the autonomous region, autonomous districts, territories, regions, cities of Moscow and St. Petersburg, based on their mandatory membership.

The Constituent Assembly adopts its charter, elects the governing and controlling bodies of the chamber - the president of the chamber, the board, and the audit commission.

The charter of the Federal Notarial Chamber is adopted by a meeting of representatives of notarial chambers and registered in the manner established for the registration of charters of public associations.

The Federal Notary Chamber unites all regional notary chambers on the principle of voluntariness. The chamber's sources of funds are membership fees, income from publishing and economic activities, dividends on shares, interest deductions on deposits and securities, and other receipts that do not contradict the law.

The powers of the Federal Notarial Chamber include:

1) coordination of the activities of notarial chambers, through which the same approaches to the performance of notarial acts are developed;

2) representation of the interests of notarial chambers in public authorities and administration, enterprises, institutions, organizations;

3) ensuring the protection of social and professional rights of notaries engaged in private practice;

4) participation in the examination of draft laws of the Russian Federation on issues related to notarial activities;

5) ensuring the advanced training of notaries, trainees and assistants of notaries;

6) organization of insurance of notarial activities;

7) representing the interests of notarial chambers in international organizations.

The charter of the Federal Notarial Chamber may provide for other powers that do not contradict the legislation of the Russian Federation.

The highest body of the Federal Notarial Chamber is the assembly of representatives of notarial chambers, which elects the board and the president of the Federal Notarial Chamber by secret ballot. The powers of these bodies are regulated by the charter of the Federal Notary Chamber.

The meeting of representatives of notarial chambers is convened at least once a year. It is authorized to hear the reports of the board, the president, the audit commission, consider complaints against resolutions and decisions of the board, decide on the termination of activities and liquidation of the Federal Notary Chamber.

The board of the chamber performs such powers as: convenes meetings of representatives of notary chambers, organizes the implementation of decisions of the meeting and the requirements of the charter, together with the Ministry of Justice of the Russian Federation, determines the procedure for completing an internship, approves regulations on qualification and appeal commissions, determines the procedure for holding a competition for filling the position of a notary, etc. .

Also, at the proposal of the President, the Board of the Chamber may elect the Vice-President of the Chamber, and the Board of the Chamber, on the proposal of the President, the Executive Director of the Chamber. Moreover, a notary may not be appointed to the position of manager of the affairs of the chamber.

To ensure control over the financial and economic activities of the board and the president, at the meeting of representatives of the notary chambers, an audit commission is elected by a simple majority of votes. Candidates for the commission are represented by regional notary chambers according to an equal quota established by the meeting. The Audit Commission controls the fulfillment of the statutory requirements, the operational activities of the executive bodies of the Federal Notary Chamber and reports on the results of its work to the meeting of representatives of the notary chambers.

Since 1997, the Federal Notarial Chamber has been publishing the scientific journal Notarial Bulletin. The Federal Notarial Chamber has a scientific and practical council, which includes leading scientists and experts in the field of notaries. The main function of the council is to develop scientifically based recommendations on the application of legislation relating to notarial activities.

Author: Nevskaya M.A.

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