Civil procedural law. Organization and competence of the notary in Russia (the most important)

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Civil procedural law. Organization and competence of the notary in Russia (the most important)

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88. ORGANIZATION AND COMPETENCE OF A NOTARY IN RUSSIA

The legal basis for the organization and activities of the notary service is enshrined in the Fundamentals of the legislation of the Russian Federation on notaries.

Notary in the Russian Federation is designed to ensure, in accordance with the Constitution of the Russian Federation, the Constitutions of the republics within the Russian Federation, the protection of the rights and legitimate interests of citizens and legal entities by performing by notaries the notarial actions provided for by legislative acts on behalf of the Russian Federation.

Notarial acts in the Russian Federation are committed in accordance with the law by notaries working in a state notary's office or engaged in private practice.

Register of state notary offices and notary offices, engaged in private practice, is conducted by the federal executive body that exercises control functions in the field of notaries.

In the absence of a notary in the locality notarial actions are performed by officials of executive authorities authorized to perform these actions.

Notarial actions on behalf of the Russian Federation on the territory of other states are performed by officials of the consular institutions of the Russian Federation authorized to perform these actions.

Notarial activity is not an entrepreneurship and does not pursue the goal of making a profit.

For a notary in the Russian Federation, a citizen of the Russian Federation who has a higher legal education, who has completed an internship for a period of at least one year in a state notary's office or with a notary engaged in private practice, who has passed a qualifying exam, and who has a license for the right to notarial activities, is appointed in the manner prescribed by law.

Notaries engaged in private practice perform the following notarial acts:

1) certify transactions;

2) issue certificates of ownership of a share in the common property of the spouses;

3) impose and remove prohibitions on the alienation of property;

4) testify to the accuracy of copies of documents and extracts from them;

5) testify to the authenticity of the signature on the documents;

6) testify to the correctness of the translation of documents from one language into another;

7) certify the fact that the citizen is alive;

8) certify the fact that a citizen is in a certain place;

9) certify the identity of the citizen with the person depicted in the photograph;

10) certify the time of presentation of documents;

11) transfer applications of individuals and legal entities to other individuals and legal entities;

12) accept monetary amounts and securities as a deposit;

13) make executive inscriptions;

14) make protests of bills;

15) present checks for payment and certify non-payment of checks;

16) accept documents for storage;

17) make sea protests;

18) provide evidence.

Notaries working in state notary offices perform the same notarial acts, as well as issue certificates of the right to inheritance and take measures to protect the inheritance property.

Author: Gatin A.M.

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