Advocacy and notary office. Notarial office work (lecture notes)

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Advocacy and notary office. Notarial office work (lecture notes)

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LECTURE No. 24. Notary office work

1. Notary office work

Notarial proceedings - this is a set of legal actions of a notary and persons who have applied for a notarial action, aimed at performing a certain notarial action, established by law.

Notarial office work in Russia is carried out by notaries in accordance with the rules approved by the Ministry of Justice of the Russian Federation together with the Federal Notary Chamber.

The whole process of notarial office work can be divided into three interrelated stages:

1) paperwork carried out in notary offices;

2) maintaining a register of registration of notarial acts.

The register is a special book in which the documents drawn up during the performance of notarial acts are recorded. It must be properly executed (the sheets are numbered, stitched, and on the reverse side of the last sheet, authorized employees of justice or the notary chamber make an entry about the number of stitched and numbered sheets, which is aimed at the impossibility of replacing sheets in the register). Entries in the register can be made by notaries themselves, their assistants, the secretary and other employees of the notary's office;

3) filling in notarial certificates and certification inscriptions, the forms of which are established, by the Order of the Ministry of Justice of the Russian Federation "On approval of the Register Forms for registration of notarial acts, notarial certificates and certification inscriptions on transactions and certified documents". But, in addition to certificates and certification inscriptions, there are other forms of notarial documents. Thus, a notary protests a bill of non-payment, non-acceptance and non-dating of the acceptance in accordance with the legislative acts of the Russian Federation on a bill of exchange and a promissory note. When making a sea protest, a "act of sea protest" is made.

Control is exercised over the conduct of notarial office work. Moreover, the execution of control over the implementation of the rules of notarial office work by notaries working in state notary offices is carried out by the justice authorities of the republics within the Russian Federation, the autonomous region, autonomous districts, territories, regions, cities of Moscow and St. practice, - justice bodies together with notary chambers. Such an organization of control over notarial office work is aimed at ensuring the uniformity of its conduct, as well as the register of registration of notarial acts, notarial certificates and certification inscriptions on transactions and documents being certified.

Notarial office work is conducted in the language provided for by the legislation of the Russian Federation, the republics within the Russian Federation, the autonomous region and autonomous regions. Article 68 of the Constitution of the Russian Federation establishes that the state language of the Russian Federation throughout its territory is Russian. The republics within the Russian Federation have the right to establish their own state languages.

The Russian language as the state language is studied in educational institutions. But citizens of Russia have the right to apply to state bodies, public organizations, enterprises and institutions of the Russian Federation with proposals, statements, complaints in the state language, their native language or in any other language of the peoples of the Russian Federation that they know. Answers to applications and complaints of citizens of the Russian Federation sent to state bodies, public organizations, enterprises and institutions of the Russian Federation must be given in the language of the appeal. If it is impossible to give an answer in the language of the appeal, the state language of the Russian Federation is used.

If the person who applied for a notarial act does not speak the language in which notarial office work is conducted, then the texts of the executed documents must be translated to him by a notary or translator.

A notary, not being a legal entity, has its own seal with the image of the State Emblem of Russia, which symbolizes the activity of a notary as an official performing notarial acts on behalf of the state. In accordance with the Decree of the President of the Russian Federation. "On the use of the State Emblem of the Russian Federation on the seals of notaries" The State Emblem of the Russian Federation is placed on the seals of notaries and reproduced on the documents drawn up and (or) issued by them.

The office work of a notary usually includes: maintaining documentation related to the performance of notarial acts, organizational and administrative documentation; work with complaints, statements and other letters of citizens and organizations; drawing up nomenclatures, as well as maintaining the archive of a notary office.

Responsibility for the organization and proper organization of office work and the state of the archive rests with the notary.

2. Procedure for performing notarial acts

The specifics of the work of notaries, unlike representatives of other legal professions, is to perform notarial acts. The concept of notarial action is ambiguous. Allocate dynamic and static concepts of notarial action. The dynamic content of the procedure of notarial activity is expressed in the consistent fulfillment of a whole system of legal facts, the static concept of notarial action is interpreted as the result of notarial proceedings, as a legal fact

The following features of a notarial act can be distinguished:

1) it is performed only by a certain circle of persons established by federal legislation - state and privately practicing notaries, officials of executive authorities and consular institutions. The competence of these persons is also regulated by law;

2) notarial action is performed on behalf of the Russian Federation;

3) each notarial act must be provided for by federal law. The Fundamentals of the Russian Federation legislation on notaries lists the range of notarial actions, but this list is not exhaustive, since the legislative acts of the Russian Federation may provide for other notarial actions;

4) notarial acts are carried out only within the framework of a special procedure - notarial proceedings;

5) a notarial action must comply with the requirements of the legislation not only in the form of its performance, but also in the essence of the action itself, determined by the norms of substantive law;

6) obligatory payment of state duty or notarial fee in accordance with the legally established rates.

Depending on the subject authorized to perform notarial acts, the procedure for performing notarial acts by notaries is established by the Fundamentals of the legislation of the Russian Federation on notaries and other legislative acts of the Russian Federation and the republics within the Russian Federation, the procedure for performing notarial acts by officials of consular institutions is established by legislative acts of the Russian Federation, and the procedure for performing notarial acts officials of executive authorities in settlements where there are no notaries, is established by the Instruction on the procedure for performing notarial acts, approved by the Ministry of Justice of the Russian Federation.

Notarial acts are usually performed in a notary's office. In some cases, they can be committed outside the office, for example, if the citizens for whom they are performed, for a good reason, cannot come to the notary. In this case, the place of performance of the notarial act is recorded in the certification inscription on the document and in the register for registration of notarial acts, indicating the exact address. It is worth considering that when a notary travels to perform notarial acts, interested persons reimburse the actual expenses incurred in connection with the trip.

Notarized documents must be signed in the presence of a notary. Otherwise, the person concerned must personally at the notary confirm that the document is signed by him and sign in the register.

To make certification inscriptions, stamps with the text of the corresponding inscription can be used.

To store documents requested and left after notarial acts, notaries keep orders, which are usually formed according to the types of documents. For the storage of notarial certificates of the right to inheritance and documents on the basis of which these certificates were issued, a certain procedure is established. After the receipt of the first application for the acceptance of the inheritance, an inheritance file is opened, after which all subsequent applications for the acceptance of the inheritance by other heirs, for the refusal to accept the inheritance, for taking measures to protect the inheritance property, are filed into this file. After the issuance of a certificate of the right to inheritance, the pages of the inheritance file are numbered, filed, and it is archived.

In case of loss of documents, copies of which are stored in the files of the notary's office, upon written applications of citizens, legal representatives of legal entities, on whose behalf or on behalf of which notarial acts were performed, duplicates of the lost documents are issued.

A duplicate of the will may be issued to the testator, and after his death to the heirs indicated in the will upon presentation of the death certificate of the testator, and a duplicate of the executive inscription by a notary may be issued only after certification that the executive inscription was not presented for execution.

The duplicate of the document must contain the entire text of the certified or issued document.

For the performance of notarial acts, as well as for drafting transactions, statements, making copies of documents, extracts from them, issuing duplicate documents from interested parties, a state fee or tariff is charged in accordance with applicable law.

Author: Nevskaya M.A.

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