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It is registered

Ministry of Justice

Russian Federation

On June 14, 2017 No. 47036

ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of June 6, 2017 No. 97

About approval of the Instruction about procedure for making of notarial actions by heads of local administrations of settlements and specially authorized officers of local self-government of settlements, heads of local administrations of municipal districts and specially authorized officers of local self-government of municipal districts

According to part three of Article 39 of Bases of the legislation of the Russian Federation on notariate of 11.02.1993 No. 4462-1 (Sheet of the Congress of People's Deputies of the Russian Federation and Supreme Council of the Russian Federation, 1993, No. 10, Art. 357; Russian Federation Code, 2003, No. 50, Art. 4855; 2004, No. 27, Art. 2711, No. 35, Art. 3607, No. 45, Art. 4377; 2005, No. 27, Art. 2717; 2006, No. 27, Art. 2881; 2007, No. 1 (h 1), Art. 21, No. 27, Art. 3213, No. 41, Art. 4845, No. 43, Art. 5084; 2008, No. 52 (h 1), Art. 6236; 2009, No. 1, Art. 14, Art. 20, No. 29, Art. 3642; 2010, No. 28, Art. 3554; 2011, No. 49 (h 5), Art. 7064, No. 50, Art. 7347; 2012, No. 27, Art. 3587, No. 41, Art. 5531; 2013, No. 14, Art. 1651, No. 51, Art. 6699; 2014, No. 26 (h 1), Art. 3371, No. 30 (h 1), Art. 4268; 2015, No. 1 (h 1), Art. 10, No. 13, Art. 1811, No. 29 (h 1), Art. 4385; 2016, No. 1 (h 1), the Art. 11, No. 27 (h 2), 4293) I order to the Art.:

1. Approve the enclosed Instruction about procedure for making of notarial actions by heads of local administrations of settlements and specially by authorized officers of local self-government of settlements, heads of local administrations of municipal districts and specially authorized officers of local self-government of municipal districts.

2. Recognize invalid:

the order of the Ministry of Justice of the Russian Federation of 27.08.2008 No. 182 "About modification of regulatory legal acts of the Ministry of Justice of the Russian Federation" (it is registered by the Ministry of Justice of the Russian Federation 02.09. 2008, registration No. 12214);

the order of the Ministry of Justice of the Russian Federation of 03.08.2009 No. 241 "About introduction of amendments to the order of the Ministry of Justice of the Russian Federation of December 27, 2007 No. 256" (31.08.2009, registration No. 14646) is registered by the Ministry of Justice of the Russian Federation.

Minister

A. V. Konovalov

Approved by the Order of the Ministry of Justice of the Russian Federation of June 6, 2017 No. 97

The instruction about procedure for making of notarial actions by heads of local administrations of settlements and specially authorized officers of local self-government of settlements, heads of local administrations of municipal districts and specially authorized officers of local self-government of municipal districts

I. General provisions

1. The instruction about procedure for making of notarial actions by heads of local administrations of settlements and specially is developed by authorized officers of local self-government of settlements, heads of local administrations of municipal districts and specially authorized officers of local self-government of municipal districts (further - the Instruction) according to part three of Article 39 of Bases of the legislation of the Russian Federation on notariate of 11.02.1993 No. 4462-1 (further - Bases).

2. The head of local administration of the settlement and specially the authorized officer of local self-government of the settlement or the head of local administration of the municipal district and specially the authorized officer of local self-government of the municipal district (further - officials of local self-government) have the right to make notarial actions if in the settlement or the settlement located in the mezhselenny territory there is no notary (part four of Article 1 of Bases).

The head of the settlement can make notarial actions if charters of the municipal district and settlement which is the administrative center of the municipal district provide formation of local administration of the municipal district to which execution of powers of local administration of the specified settlement is assigned and if in the settlement which is the administrative center of the municipal district, the local administration is not formed (the paragraph third parts 2 of article 34 of the Federal Law of 06.10.2003 No. 131-FZ "About the general principles of the organization of local self-government in the Russian Federation" (The Russian Federation Code, 2003, No. 40, Art. 3822; 2017, No. 1 (h 1), Art. 42).

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