Advocacy and notary office. Control over the activities of notaries. Responsibility of notaries (lecture notes)

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Advocacy and notary office. Control over the activities of notaries. Responsibility of notaries (lecture notes)

Lecture notes, cheat sheets

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LECTURE No. 29. Control over the activities of notaries. Responsibility of notaries

1. Control over the performance of notarial acts

The fundamentals of the legislation of the Russian Federation on notaries distinguish the following types of control over the performance of notarial acts:

1) judicial control (art. 33);

2) control over the performance of professional duties by notaries (Article 34);

3) tax control (Article 34).

Refusal to perform a notarial act or incorrect performance of a notarial act may be appealed. to court According to Art. 310 Code of Civil Procedure of the Russian Federation. An interested person who considers a notarial action performed or a refusal to perform a notarial action wrong, has the right to file an application about this with the court at the location of the notary or at the location of the official authorized to perform notarial actions. The application must be filed with the court within 10 days from the date when the applicant became aware of the notarial act performed or the refusal to perform the notarial act.

This application is considered by the court with the participation of the applicant, as well as a notary, an official who performed a notarial act or refused to perform a notarial act.

Applications for incorrect certification of wills and powers of attorney or for refusal to certify them by officials specified in federal laws must be filed with the court at the location, respectively, of the hospital, hospital, sanatorium, other inpatient medical institution; social service institutions, including homes for the elderly and disabled, institutions of social protection of the population; expeditions, military units, formations, institutions and military schools, places of deprivation of liberty. An application for incorrect certification of a will or refusal to certify it by the captain of a sea vessel, a mixed navigation vessel or an inland navigation vessel flying the State Flag of Russia shall be filed with the court at the place of the vessel's home port.

The decision of the court, which satisfied the application for a completed notarial action or a refusal to perform it, cancels the committed notarial action or obliges to perform such an action (Article 312 of the Code of Civil Procedure of the Russian Federation).

Judicial control over the activities of notaries and officials authorized to perform notarial acts is aimed at protecting the interests of individuals and legal entities when applying for notarial acts.

Control over the performance of professional duties by notaries working in state notary offices is carried out by the bodies of justice, and by notaries engaged in private practice - by notary chambers. Checking the organization of the work of a notary is carried out once every 4 years. The first check of the organization of the work of a notary, who for the first time began to carry out notarial activities in a republic within the Russian Federation, an autonomous region, an autonomous district, a territory, a region, the cities of Moscow and St. Petersburg, must be carried out 1 after vesting him with the powers of a notary. The purpose of the audit is: to identify violations and errors in work, to provide assistance and take measures to eliminate the causes and conditions of deficiencies in work.

Notaries are obliged to provide officials authorized to conduct inspections with information and documents relating to settlements with individuals and legal entities. The notarial chamber may demand from the notary (the person replacing the temporarily absent notary) the submission of information on the performed notarial actions, other documents relating to his financial and economic activities, and, if necessary, personal explanations in the notarial chamber, including on issues of non-compliance with the requirements professional ethics.

Control over compliance with tax legislation is carried out by the tax authorities in the manner and within the time limits stipulated by the legislation of the Russian Federation.

The tax authorities are obliged to check the correctness of the calculation and withholding, the timeliness and completeness of transfers to the budget. The correctness of the collection of the notarial fee is determined by the entries in the register of registration of notarial acts.

Based on the results of inspections and examinations of the activities of individuals, an act is drawn up, which must contain all the details of the person being inspected, information about his activities and the results of inspections and examinations.

2. Responsibility of a notary

According to Art. 17 of the Fundamentals of the legislation of the Russian Federation on notaries, a notary engaged in private practice who deliberately disclosed information about a notarial act performed (for example, issued a certificate or other document provided to a notary by law enforcement officers before a criminal case was initiated) or who committed a notarial act that contradicts the legislation of the Russian Federation (for example, a certificate transaction that does not comply with the requirements of the law), is obliged by a court decision to compensate for the damage caused as a result of this. In case of unintentional damage caused by a notary, it is compensated in a different manner (for example, through the social insurance system, but if the damage exceeds the sum insured, then the recovery is levied on the property of a notary engaged in private practice).

Depending on what is the legal status of a notary - state or private practice - There are two basic procedures for holding accountable:

1) in the event that a notary engaged in private practice commits actions contrary to the legislation of the Russian Federation, his activities may be terminated by the court on the proposal of officials or bodies specified in Chapter 7 of the Fundamentals (part 2 of article 17 of the Fundamentals);

2) a notary working in a state notary's office, in case of committing actions contrary to the legislation of Russia, is liable in accordance with the procedure established by law (part 3 of article 17 of the Fundamentals). In this case, the provisions of the Labor Code of the Russian Federation on dismissal are subject to application.

For certain disciplinary offenses, notaries may be subject to disciplinary liability. State notaries - on the basis of the norms of the Labor Code of the Russian Federation, private notaries - on the basis of the norms of the Professional Code of Notaries of the Russian Federation, it is also possible to apply liability measures provided for by the charter of the notary chamber or by the decision of the general meeting of the notary chamber.

In case of failure to submit or untimely submission of the necessary information to the tax authority, the notary may be held liable in court in accordance with the legislation of the Russian Federation. Yes, Art. 129.1 of the Tax Code of the Russian Federation establishes that the unlawful failure to report (untimely communication) by a person of information that this person must report to the tax authority, in the absence of signs of a tax offense, entails a fine of 1000 rubles, and the same acts committed repeatedly during a calendar year, entail a penalty a fine of 5000 rubles.

Author: Nevskaya M.A.

<< Back: Notarial actions to certify indisputable facts. Acceptance of documents for storage and provision of evidence (Certification of indisputable facts. Acceptance of documents for storage. Providing evidence)

>> Forward: Professional ethics of a notary (General issues of notary ethics. Relationships of a notary with other participants in notarial proceedings)

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