Table of contents (expand)
- The concept of civil process (legal proceedings). Tasks, types and stages of civil proceedings
- The concept of civil procedural law: subject, method and system
- Sources of civil procedural law
- The concept, meaning and classification of the principles of civil procedural law
- Civil procedural norms (concept, types, features, structure). Effect of civil procedural rules in time and space
- The essence, main features and significance of the civil procedural form: concept, features, meaning and consequences of its violation
- The place of civil procedural law in the system of Russian law. Process science
- Concept, prerequisites for the emergence and structure of civil procedural legal relations
- Features of civil procedural legal relations
- Subjects of civil legal relations. Internal affairs bodies as participants in civil proceedings
- The concept of persons participating in the case. Civil procedural capacity and legal capacity
- Hand
- Third parties
- Participation of a prosecutor in civil proceedings
- Participation of state bodies, local governments, organizations and citizens defending violated or contested rights, freedoms and legally protected interests of other persons
- The concept, goals and types of representation in civil proceedings
- Powers of judicial representatives and their execution
- The concept and types of judicial jurisdiction
- The concept and type of jurisdiction
- The procedure for resolving issues of jurisdiction. Change of jurisdiction
- The concept of court costs. State duty
- The costs associated with the consideration of the case
- Distribution of court costs
- Procedural deadlines
- The concept of a claim. Subject, grounds and content of the claim. Types of claims
- Right to sue
- Complaint and procedure for filing a claim
- Securing the claim
- Concept and classification of court evidence
- Subject and means of proof
- Evidence Process
- Essence, meaning and tasks of preparing a case for trial
- Proceedings to prepare the case for trial
- Appointment of a case for hearing. Court Notices and Summons
- The value of litigation. Procedure for holding a court session
- Postponement of the trial
- Suspension of proceedings
- Ending a Case Without Judgment
- Minutes of the court session
- Judgment. Judicial determination
- The essence of the judgment, its types
- Requirements for a Judgment
- Elimination of shortcomings of the judgment by the court that issued it
- The entry into force of the court decision
- Determination of the court of first instance
- The concept and significance of absentee proceedings
- Content and validity of default judgment
- Protection of the rights and interests of the defendant in absentia proceedings
- The concept and meaning of writ proceedings
- The procedure for issuing a court order
- The procedure for issuing and the content of the court order
- Appeal (proceedings to review decisions and rulings of magistrates)
- Procedural procedure for considering cases arising from administrative legal relations
- The concept and essence of special production. Types of cases of special proceedings
- Establishment of facts of legal significance
- Recognition of a citizen as missing and declaration of death
- Recognition of a citizen as partially capable or incapacitated
- Recognition of property as ownerless
- Restoration of rights under lost bearer documents (call proceedings)
- Cases on establishment of adoption (adoption) of children
- Finding Incorrect Vital Records
- Complaints about notarial acts or refusal to perform them
- The concept and tasks of cassation proceedings
- The right to cassation appeal against court decisions
- Procedure for filing and consideration of cassation complaints and protests
- Powers of the court of cassation
- Grounds for annulment of judgments
- Determination of the court of cassation
- Appealing (making a submission) rulings of the court of first instance
- The concept and tasks of production in the supervisory instance
- The procedure for initiating proceedings in the supervisory authority
- Contents of the complaint, presentation of the prosecutor
- The order of consideration of the case in the supervisory instance
- Determinations and decisions of the courts considering the case in the supervisory instance
- The concept, features and grounds for reviewing decisions, rulings and decrees that have entered into legal force based on newly discovered circumstances
- The procedure for initiating and reviewing cases based on newly discovered circumstances of decisions, rulings and decrees that have entered into legal force
- The essence of enforcement proceedings
- Enforcement mechanism
- Enforcement measures
- Expenses for carrying out enforcement actions. Responsibility for violation of legislation on enforcement proceedings
- Arbitration court: essence, tasks, organization, structure and competence
- Participants of the arbitration process
- Proceedings in the arbitration court of first instance. Revision of decisions of arbitration courts
- Proceedings in cases involving foreign persons
- Features and types of arbitration courts
- The procedure for consideration of disputes in the arbitration court
- The order of execution of the decision of the arbitration court
- Organization and competence of a notary in Russia
- Certification of transactions by a notary
- General rules of notarial proceedings
90. GENERAL RULES FOR NOTARY PROCEEDINGS
Notarial acts are performed by a notary upon presentation of all necessary documents that meet legal requirements.. They can be performed in a notary’s office or outside it.
Notarial acts can be performed by any notary, except for cases where, in accordance with the law, a notarial act must be performed by a certain notary.
When performing notarial acts notaries have equal rights and bear the same duties regardless of whether they work in a public notary's office or are in private practice. Documents drawn up by notaries have the same legal force.
When performing notarial acts, the notary must establish the identity of the citizen who applied for notarial acts, his representative or representative of a legal entity. Identification is carried out on the basis of a passport or other documents that exclude any doubts about the identity of a citizen who applied for a notarial act.
The content of the notarized transaction, as well as statements and other documents, must be read aloud to the participants. All documents drawn up in a notarial order are signed in the presence of a notary.
Notaries must not accept for notarial acts documents that have erasures or additions, crossed out words or other corrections, as well as documents written in pencil.
A notary is obliged to refuse to perform a notarial act if:
1) committing such an action is contrary to the law;
2) the act is to be performed by another notary;
3) an incapacitated citizen or a representative without appropriate authority applied for notarial acts;
4) a transaction made on behalf of a legal entity is contrary to the goals specified in its charter or regulation; the transaction does not comply with the requirements of the law;
5) the documents provided for the performance of notarial acts do not comply with the requirements of the law.
All notarial actionsperformed by a notary, are registered in the register, the forms of the register are established by the Ministry of Justice of the Russian Federation.
The notary is not entitled perform notarial acts in his own name and on his own behalf, in the name and on behalf of his spouse, him and his relatives (parents, children, grandchildren).
An interested person who believes that a notarial act performed or a refusal to perform a notarial act is illegal shall have the right to file a complaint about this with the district (city) people's court at the location of the state notary's office (notary engaged in private practice).
A dispute on the law that has arisen between interested parties, based on a notarial act performed, is considered by a court of general jurisdiction or an arbitration court in the course of action proceedings.
Author: Gatin A.M.
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