Advocacy and notary office. Professional ethics of a notary (lecture notes)

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Advocacy and notary office. Professional ethics of a notary (lecture notes)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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LECTURE No. 30. Professional ethics of a notary

1. General issues of ethics of a notary

In order to raise the standards of professional activity of notaries of the Russian Federation, on April 18, 2001, the Meeting of representatives of the notarial chambers of the constituent entities of the Russian Federation adopted the Professional Code of notaries of the Russian Federation (Resolution of the Meeting of representatives of the notarial chambers of the constituent entities of the Russian Federation dated April 18, 2001 No. 10 "On the Professional Code of Notaries of the Russian Federation"). The code formulates professional and moral and ethical standards of notarial activity and personal behavior of a notary, describes violations of professional discipline and ethics, principles and types of responsibility, the procedure for imposing and removing penalties, as well as measures to encourage a notary.

According to the code, in his work, a notary must be guided by the principles and precepts of the International Union of Latin Notaries, developed over the centuries of the existence of a notary and proving their legal impeccability.

The Code refers to the following principles:

1) respect for their ministry, public authorities and bodies of the professional community;

2) performance of notarial acts within the framework of the law, resolution of doubts before the act is performed; refraining from action at the slightest doubt about its legality and correctness;

3) paying tribute to Truth;

4) study of materials with predilection and increased thoroughness;

5) following Justice;

6) restriction by the Law;

7) work with Dignity, etc.

Taking office imposes on the notary certain moral and ethical obligations:

1) protect the interests of a person, society and the state, subject to the requirements of the law;

2) promote the establishment of faith in law and justice in society;

3) not to take actions in personal interests that call into question the impartiality and independence of notarial activities and damage the honor and dignity of the notary profession;

4) treat colleagues in the legal profession in a spirit of respect, trust and benevolent cooperation;

5) constantly improve their professional level, competence, study the current legislation and notarial practice;

6) preserve and protect professional secrets;

7) comply with the requirements for compulsory insurance of notarial activities;

8) ensure in their activities high criteria and requirements of a culture of communication, in any situation strive to maintain self-control and personal dignity.

A notary, as a person endowed with special trust and responsibility to the state and society, is also obliged to: observe the norms of ethics and morality; refrain from any activity that could adversely affect the performance of the professional duties of a notary or raise doubts about his independence and objectivity; refrain from taking actions that may damage the professional activities of a notary or undermine the trust and prestige of the profession in society, including from receiving expensive gifts from persons who have applied for a notarial act, from visiting establishments with a dubious public reputation.

The Professional Code of Notaries of the Russian Federation also gives the concept disciplinary offense of a notary, which is understood as a culpable improper performance or failure by a notary to fulfill his professional duties, as well as a violation of the ethical standards of behavior of a notary and other requirements established by law. These include, in particular: failure to attend, without good reason, general meetings of the notary chamber or events held by it to improve professional qualifications and other issues, failure to appear when invited to meetings of the governing bodies of the notary chamber; gross or repeated violation of the rules for conducting notarial office work, the established operating hours of a notary's office, failure to provide adequate conditions for receiving persons applying for a notarial act and for storing documentation; as well as violation of moral and ethical standards. In the event of a disciplinary offense, the code provides for the application of disciplinary measures, which include a reprimand, reprimand, and severe reprimand. If the offense was committed repeatedly, then a petition may be filed with the court against the notary to deprive the notary of the right to notarial activity. Also, for late or incomplete payment of membership fees and other obligatory payments to the notary chamber without good reason, as well as for failure to attend general meetings of the notary chamber without good reason, a monetary penalty in the amount of 5 to 100 times the minimum wage may be applied as compensation for damage to the notary chamber damage.

Ethics control carried out by the notarial community itself. In case of non-compliance with the provisions of the code of professional ethics, notaries are obliged to give personal explanations in the notary chamber.

2. Relationships of a notary with other participants in notarial proceedings

The Professional Code of Notaries of the Russian Federation regulates the relationship of notaries with various categories of entities: with individuals and legal entities, the notary chamber, colleagues and the notary community, with public authorities and local governments.

Relationships with individuals and legal entities:

1) notarial activities are aimed at ensuring their rights and legitimate interests;

2) a notary is obliged to refuse to perform a notarial act if the demands of persons are unlawful;

3) the notary, when performing notarial acts, explains to them their rights and obligations, warns them of the consequences of notarial acts performed so that legal ignorance cannot be used to their detriment;

4) before performing a notarial act, the notary is obliged to inform the persons who applied about the amount of the tariff;

5) a notary must show patience, courtesy and tact in relation to those with whom he interacts within the framework of his professional and personal circle of communication, avoiding the manifestation of an inhumane attitude towards people and inattention to their legitimate interests, as well as observe the culture of speech, behavior, external type;

6) a notary in the performance of professional duties should not allow violations without good reason of the established working hours of a notary's office and the requirements for the premises and technical equipment of a notary's office, as well as the reception of visitors in a state of drug or alcohol intoxication, smoking during a reception without the consent of visitors and other manifestations of disrespectful attitude to the personality, dignity and rights of the visitor, including proposals of an offensive, immoral nature or other unworthy actions against persons with whom the notary has to interact in the course of his professional activities.

In relations with the notarial chamber, the notary is obliged:

1) to participate in the performance by the notarial chamber of the public law tasks of the professional association of notaries, in the work of the meetings of the notarial chamber and the events organized by it, in the events for professional development, training and exchange of work experience;

2) timely and in full pay membership fees and other payments established by the general meeting of notaries to the notary chamber;

3) appear at the invitation of the governing bodies of the notarial chamber to consider issues and resolve problems that have arisen in the performance of professional duties of a notary.

A notary who is a member of the elected and other bodies of the notarial chamber must properly fulfill his duties arising from the regulations, as well as the meaning of his activities and the election program.

In relations with colleagues and the notarial community, the notary must:

1) build their relations with colleagues in the profession on the principles of mutual respect, trust and professional interaction, show correctness and goodwill;

2) to be considerate and tactful towards colleagues, informing them of issues that may help in their work, as well as potential professional difficulties and other problems requiring professional solidarity, as well as to provide assistance and transfer professional experience to young colleagues within the framework of corporate and professional solidarity and concern for the prestige of the profession and the entire notarial community;

3) take all available measures to ensure that employees of the notary's office comply with the requirements of the law and moral and ethical principles.

The notary is prohibited from: describing their qualifications, belittle the professional dignity and authority of their colleagues in the profession, engage in unfair competition, interfere with the work of other notaries, engage in individual advertising, including in the media and the Internet, attract people who apply to the notary's office by lowering the established tariffs, as well as unfair promises regarding the mode and procedure of the office.

The notary is obliged show respect for state authorities and local governments, maintain proper professional relations with authorized representatives of state authorities and local governments, while being punctual, correct, restrained and polite.

Author: Nevskaya M.A.

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