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BASES OF THE LEGISLATION OF THE RUSSIAN FEDERATION

of February 11, 1993 No. 4462-1

About notariate

(The last edition from 26-07-2019)

Section I. Organizational bases of activities of notariate

Chapter I. General provisions

Article 1. Notariate in the Russian Federation

The notariate in the Russian Federation is designed to provide according to the Constitution of the Russian Federation, constitutions (charters) of subjects of the Russian Federation, these Bases protection of the rights and legitimate interests of citizens and legal entities by making by notaries of the notarial actions provided by legal acts on behalf of the Russian Federation.

Notarial actions in the Russian Federation are made according to these Bases by the notaries working in office of notary public or who are engaged in private practice.

The register of the notaries and persons who passed qualification examination (further - the register of notaries), conducts federal executive body in the field of justice (further - federal body of justice) according to the procedure, it established. The data containing in the register of notaries, except for the data, access to which is limited by the Federal Laws, have open character and are posted on the official site of federal body of justice on the Internet. Within two working days after day of the address of the face entered in the register of notaries at the request of this person the territorial authority of federal body of justice (further - territorial authority of justice) issues it the statement from the register of notaries containing data on passing of qualification examination by it and (or) about appointment it to position of the notary.

The right to make notarial actions, stipulated in Article 37 these Bases, the following officials of local self-government have:

1) in the settlement in which there is no notary, - the head of local administration of the settlement and (or) the authorized officer of local administration of the settlement;

2) in the settlement located in the mezhselenny territory in which there is no notary, - the head of local administration of the municipal district and (or) the authorized officer of local administration of the municipal district;

3) in the settlement which is part of the territory of the municipal district, city district not being its administrative center in which there is no notary - the authorized officer of local administration of the municipal district, city district if such official according to the job description fulfills job responsibilities in this settlement.

Information about the officials of local self-government specified in part four of this Article goes to territorial authority of justice for accounting in form and according to the procedure which are established by federal body of justice.

Notarial actions on behalf of the Russian Federation in the territory of other states are made by the officials of consular establishments of the Russian Federation authorized on making of these actions.

Notarial activities are not entrepreneurship and do not pursue revenue generating purpose.

Article 2. The notary in the Russian Federation

The citizen of the Russian Federation can be the notary in the Russian Federation:

1) got the higher legal education in the educational organization of the higher education having the state accreditation;

2) the having length of service on legal specialty at least than five years;

3) reached age of twenty five years, but is not more senior than seventy five years;

4) the passed qualification examination.

Person cannot be the notary in the Russian Federation:

1) the having nationality (citizenship) of foreign state or foreign states if other is not provided by the international treaty of the Russian Federation;

2) recognized incapacitated or limited in capacity to act to the judgment which took legal effect;

3) staying on the registry in narcological or psychoneurological dispensary in connection with treatment for alcoholism, drug addiction, toxicomania, chronic and long mental disturbances;

4) condemned to the punishment excluding possibility of fulfillment of duties of the notary according to the court verdict which took legal effect, and also in case of availability not removed or not extinguished in the procedure for criminal record established by the Federal Law for intentional crime;

5) submitted false documents or obviously false data in case of position assignment of the notary;

6) earlier exempted from powers of the notary based on the judgment about deprivation of the right of notarial activities for the bases established by these Bases including in connection with numerous making of minor offenses or violation of the law (except as specified additions by the notary of powers in connection with impossibility to fulfill professional duties for health reasons).

When making notarial actions the notaries working in offices of notary public and who are engaged in private practice have the equal rights and perform identical duties. The documents processed by notaries have identical legal force.

The notary who is engaged in private practice shall be the member of notarial chamber of the subject of the Russian Federation in the territory of whom it performs notarial activities.

Article 3.

Voided according to the Federal Law of the Russian Federation of 29.12.2014 No. 457-FZ

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