ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of February 7, 2020 No. 16

About approval of the Instruction about procedure for making of notarial actions by officials of local self-government

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; The Russian Federation Code, 2019, 30, of the Art. 4128) I order to No.:

1. Approve the enclosed Instruction about procedure for making of notarial actions by officials of local self-government.

2. Declare invalid the order of the Ministry of Justice of the Russian Federation of 06.06.2017 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" (it is registered by the Ministry of Justice of the Russian Federation 14.06. 2017, registration No. 47036).

Approved by the Order of the Ministry of Justice of the Russian Federation of February 7, 2020 No. 16

The instruction about procedure for making of notarial actions by officials of local self-government

I. General provisions

1. The instruction about procedure for making of notarial actions by officials of local self-government (further - the Instruction) is developed 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 <1> (further - Bases).

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<1> Sheets 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, 2019, No. 30, Art. 4128.

2. According to Article 1 of Bases the right to make notarial actions, stipulated in Article 37 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.

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<2> Russian Federation Code, 2003, No. 40, Art. 3822; 2017, No. 1 (h 1), Art. 35.

Information about officials of local self-government goes body in which they work, in territorial authority of the Ministry of Justice of the Russian Federation for accounting according to the procedure and in form, with the approved order of the Ministry of Justice of the Russian Federation of 30.12.2015 No. 324 "About approval of the Procedure and form of accounting of information about heads of local administrations of settlements and the notarial actions which are specially authorized on making officials of local self-government of settlements, about heads of local administrations of municipal districts and the notarial actions which are specially authorized on making officials of local self-government of municipal districts" (it is registered by the Ministry of Justice of the Russian Federation 15.01. 2016, registration No. 40595).

Information on officials of local self-government is placed at stands in the rooms occupied by relevant organ of local self-government and also on the Internet according to requirements of the Federal Law of 09.02.2009 No. 8-FZ "About ensuring access to information on activities of state bodies of local self-government" <3>.

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<3> Russian Federation Code, 2009, No. 7, Art. 776; 2018, No. 1 (h 1), Art. 7.

3. Officials of local self-government for persons registered at the place of residence or the place of stay in the settlement in the settlement located in the mezhselenny territory or in the settlement which is part of the territory of the municipal district, city district not being its administrative center according to the charter of the municipality have the right to make the following notarial actions:

1) to certify powers of attorney, except for powers of attorney on the order real estate;

2) to take measures for protection of heritable property by production of the inventory of heritable property;

3) to witness fidelity of copies of documents and statements from them;

4) to witness authenticity of the signature on documents;

5) to certify the information about persons in cases, stipulated by the legislation the Russian Federation;

6) to certify the fact of finding of the citizen in live;

7) to certify identity of the sign manual of the visually impaired person living in the territory of the respective settlement or the municipal district with facsimile reproduction of its sign manual;

8) to certify the fact of finding of the citizen in certain place;

9) to certify identity of the citizen with person represented in the photo;

10) to certify time of production of documents;

11) to certify equivalence of the electronic document to the paper document;

12) to certify equivalence of the paper document to the electronic document.

By legal acts of the Russian Federation the right to making of other notarial actions (Article 37 of Bases) can be granted to officials of local self-government <4>.

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<4> Sheets 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, 2019, No. 30, Art. 4128.

4. When making notarial actions officials of local self-government are guided by the Constitution of the Russian Federation, constitutions (charters) of subjects of the Russian Federation, Bases, the Civil code of the Russian Federation, other regulatory legal acts of the Russian Federation, regulatory legal acts of subjects of the Russian Federation adopted within their competence and also international treaties of the Russian Federation.

5. To officials of local self-government on duty, and also to persons working in local government body it is forbidden to disclose data, to announce documents which became known to them in connection with making of notarial actions including after the termination of the powers or dismissal, except as specified, provided by Bases.

Data (documents) on committed notarial actions can be issued only to persons, from name or at the request of which these actions are made if other not stipulated in Clause 5 Bases.

Data on committed notarial actions are issued upon the demand of court, prosecutor's office, investigation authorities in connection with the criminal, civil or administrative cases which are in their production, and also upon the demand of judicial police officers-contractors in connection with the materials which are in their production on execution of executive documents, on requests of the body performing state registration of legal entities and individual entrepreneurs, in connection with state registration and on requests of the bodies providing the state and municipal services and performing the state and municipal functions, according to the procedure, established by part five of Article 34.4 of Bases, and notaries in connection with the made notarial actions (Article 5 of Bases) <5>.

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