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Lecture notes, cheat sheets
Advocacy and notary office. Control over the activities of notaries. Responsibility of notaries (lecture notes)
Directory / Lecture notes, cheat sheets Table of contents (expand) LECTURE No. 28. Notarial actions to certify indisputable facts. Acceptance of documents and provision of evidence 1. Certification of indisputable facts According to the Fundamentals of the Legislation of the Russian Federation on the notary, the notary establishes the following indisputable facts: 1) the fact that the citizen is alive; 2) the fact that a citizen is in a certain place; 3) the identity of the citizen's personality with the person depicted in the photograph; 4) time of submission of documents. The fact that a citizen is alive can be established by a notary or officials of consular institutions of the Russian Federation. Certification of the fact that minors are alive is made at the request of their legal representatives (parents, adoptive parents, guardians and trustees), as well as institutions and organizations in whose care the minor is. This fact can be established both when a citizen appears before a notary, and outside the premises of a notary's office (for example, when a citizen, whose fact of being alive must be certified, due to illness, disability or other good reason, cannot appear to a notary). A citizen must submit an application to a notary public, which indicates the purpose pursued by the applicant by establishing this fact. On the basis of the submitted application, the notary establishes the identity of the citizen according to the document certifying it (for example, according to the passport). Then, making sure that the certificate is really necessary for the citizen, the notary issues it. The certificate indicates the place, the date of issue of the certificate, the surname and initials of the notary, the location of his office, the surname, name, patronymic of the person in respect of whom the certificate was issued, his address, the time when the citizen appeared to receive the certificate. This certificate is drawn up in two copies, one of which is issued to the person concerned, and the second is kept in the notary's office. The fact that a citizen is in a certain place (for example, in cases related to the receipt of alimony) is certified by a notary at the request of a citizen. Certification of the fact that a minor is in a certain place is made at the request of his legal representatives (parents, adoptive parents, guardians, trustees), as well as institutions and organizations in whose care the minor is. An application for certification of such a fact may be submitted both in writing and orally. In the application, the citizen indicates the reason for which this request arose, and what purpose the applicant pursues by establishing this fact. After that, the notary establishes the identity of the citizen and issues a certificate confirming the specified fact. The certificate is also drawn up in two copies. In order to certify the identity of a citizen with the person depicted in the photograph submitted by this citizen, the interested person submits to the notary an appropriate application, which can be both oral and written. The notary, having established the identity of the applicant, must make sure that it is the citizen who appeared to him that is depicted in the submitted photograph. After that, the corresponding certificate is drawn up in two copies, and the photograph is placed in the upper left corner of the issued certificate, sealed by the notary's signature and seal. Certification of the time of presentation of documents is also carried out on the basis of an oral or written application of the person concerned. Most often, citizens are asked to certify the time of presentation of such documents as invention descriptions, literary works, movie scripts, and others. Documents must be presented in two copies. The notary establishes the identity of the applicant, on both copies of the document an acknowledgment inscription is made with the obligatory indication of the person who presented the document. If the document is set out on several pages, the notary, making a certification inscription, must flash them. When several documents are presented by the same person at the same time, an acknowledgment inscription is made on each of them. 2. Acceptance for storage of documents The notary has the right to accept for storage documents according to the inventory. One copy of the inventory remains with the notary, the other copy is issued to the person who has deposited the documents. When accepting documents for storage, the notary must determine the condition of each of them and reflect this in the inventory. A notary accepting documents for storage must have a special storage facility that ensures the safety of documents. An interested person needs to submit an application to the notary's office with a request to accept the documents for storage. At the request of a person, a notary may accept documents without an inventory, if they are properly packed (packaging is sealed by a notary, signed by him and the person who submitted the documents). In such cases, the notary is responsible for the safety of the packaging. On acceptance of documents for storage, the notary issues evidence, which is compiled in two copies. The second copy of the certificate is kept by the notary. The certificate states place of issue, day, month, year of issue (in words), surname and initials of the notary, address of the premises of his office, surname, name, patronymic of the citizen who deposited the documents, his place of residence, for how long the document was deposited. Upon presentation of a certificate and an inventory, the documents accepted for storage shall be returned to the person who deposited them or to a legally authorized person. The interested person submits an inventory, if it was drawn up, the notary checks the submitted inventory with a copy of the inventory kept by him. If there are no discrepancies, then the notary issues the documents kept by him, making a mark in the inventory and in the register. Documents shall be deposited for the period specified in the application. 3. Providing evidence At the request of interested parties, a notary provides evidencenecessary in the event of a case arising in court or an administrative body, if there are grounds to believe that the presentation of evidence will subsequently become impossible or difficult. Such an appeal is possible only on the condition that the case for which this evidence will be important has not yet arisen and is not being considered by a court or administrative body. A person interested in providing evidence must submit a relevant application to the notary's office. In order to secure evidence, a notary has the right to interrogate witnesses, examine written and material evidence, and appoint an expert examination. According to the Order of the Ministry of Justice of March 15, 2000 "On Approval of Methodological Recommendations for the Performance of Certain Types of Notarial Actions by Notaries of the Russian Federation" on the interrogation of a witness in order to secure evidence, the notary draws up a protocol that indicates: the date and place of the interrogation; surname, initials of the notary who conducted the interrogation, date and number of the order of the body of justice on the appointment of a notary, his notary district or the name of the state notary's office; information about the witness; information about the persons participating in the interrogation; warning about liability for giving knowingly false testimony and refusal to give evidence; the content of the testimony of the witness (questions asked to him and answers to them). During the inspection written and physical evidence a protocol is drawn up, which must indicate: the date and place of the inspection; surname, initials of the notary conducting the inspection, date and number of the order of the body of justice on the appointment of a notary, his notary district or the name of the state notary's office; information about interested persons participating in the inspection; circumstances discovered during the inspection. About appointment of expertise the notary issues a decision, which indicates: the date of the decision; surname, initials of the notary who issued the decision, date and number of the order of the body of justice on the appointment of a notary, his notary district or the name of the state notary's office; information about the person at whose request the examination is appointed; matters requiring expert opinion; the name of the expert institution entrusted with the performance of the expert examination. About the time and place of providing evidence the notary must notify the parties and interested persons, whose failure to appear is not an obstacle to the performance of actions to secure evidence. The notary has the right to propose to the person who applied for the production of securing evidence to deposit money to the office to pay remuneration for witnesses and experts and for other expenses for the production of evidence securing. Experts and witnesses are given remuneration for distracting them from their classes at the rates established for the issuance of remuneration when summoning witnesses and experts to court. Author: Nevskaya M.A. << Back: Issuance of a certificate of ownership of a share in the common property of the spouses. Making protests on bills (Issuance of certificates of ownership of a share in the common property of spouses. Protest of a bill of exchange) >> Forward: Control over the activities of notaries. Responsibility of notaries (Control over the performance of notarial acts. Responsibility of the notary)
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