of February 11, 1993 No. 4462-1
About notariate
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 consular officials authorized on making of these actions.
Notarial activities are not entrepreneurship and do not pursue revenue generating purpose.
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. The notary who is engaged in private practice, performing activities in the federal territory shall be the member of notarial chamber of the subject of the Russian Federation in whose borders the federal territory is located.
Voided according to the Federal Law of the Russian Federation of 29.12.2014 No. 457-FZ
According to these Bases the citizen of the Russian Federation who passed qualification examination has the right to be engaged in notarial activities. This requirement does not extend to the officials specified in parts four and the sixth Article of 1 these Bases.
The decision on the admission to qualification examination of persons wishing to pass qualification examination is accepted according to the procedure, established by federal body of justice together with the Federal notarial chamber, the qualification commission formed and performing the activities according to Article of 4 these Bases.
Persons which passed training according to requirements of Article of 19 these Bases are allowed to qualification examination.
The qualification examination is held with use of the automated information system of holding qualification examinations providing the automated anonymous check of results of passing qualification examination.
Requirements to the automated information system of holding qualification examinations are established by Federal notarial chamber in coordination with federal body of justice.
The automated information system of holding qualification examinations is component of unified information system of notariate and includes:
1) the remote automated workplaces for passing qualification examinations;
2) the center of processing of test tasks and maintenance of qualification examinations (further - the center of processing).
The organization of works on designing and implementation of the automated information system of holding qualification examinations is performed by Federal notarial chamber and includes:
1) development of the special software of holding qualification examination on the remote automated workplaces in real time using communication networks of the general use providing storage system and generation of set of test tasks for each applicant on the equipment of the center of processing;
2) consultation of the qualification commissions on questions of use of the special software, its implementation and maintenance.
The list of subjects on which questions are offered at qualification examination with use of the automated information system of holding qualification examinations and which are subject to placement on the website of federal body of justice on the Internet and the website of Federal notarial chamber on the Internet procedure for holding qualification examination with use of the automated information system of holding qualification examinations affirm federal body of justice together with Federal notarial chamber.
Information about persons who passed qualification examination is entered in the register of notaries within ten working days from the date of passing qualification examination. The corresponding entry in the register of notaries is confirmation of passing qualification examination.
The person who passed qualification examination, but did not get to work as the assistant notary, or to substitution of temporarily absent notary, or not appointed to position of the notary within three years from the moment of passing an examination or having break over five years in work as the notary (after abdication), the assistant notary or in substitution of temporarily absent notary, is allowed to tender to position of the notary, to work as the assistant notary or to substitution of temporarily absent notary only after repeated passing qualification examination.
For the organization of qualification examination under territorial authority of justice the qualification commission is formed.
Representatives of territorial authority of justice, representatives of scientific community whose candidacies are presented by Federal notarial chamber, and the notaries having length of service on legal specialty at least than ten years are part of the qualification commission. Representatives of federal body of justice have the right to take part in work of the qualification commission.
The decision of the qualification commission can be appealed from the date of delivery of its copy to the interested person in the appeal commission in a month.
The appeal commission is formed under federal body of justice together with Federal notarial chamber on a parity basis.
The appeal commission by consideration of claims requests all required materials from the qualification commission. The decision of the appeal commission can be appealed in court from the date of its removal in a month.
Regulations on the qualification and appeal commissions affirm federal body of justice together with Federal notarial chamber.
Persons who did not pass qualification examination are allowed to its repeated delivery not earlier than in year after decision making by the qualification commission.
Other terms of repeated passing qualification examination can be established by the legislation of subjects of the Russian Federation.
The notary is impartial and independent in the activities and is guided by the Constitution of the Russian Federation, constitutions (charters) of subjects of the Russian Federation, these Bases, other regulatory legal acts of the Russian Federation and subjects of the Russian Federation accepted within their competence and also international treaties.
To the notary on duty, to person replacing temporarily absent notary, and also persons working in notary office it is forbidden to disclose data, to announce documents which became known to them in connection with making of notarial actions including after the abdication or dismissal, except as specified, provided by these Bases.
Data (documents) on committed notarial actions can be issued only to applicants - persons who addressed for making of these notarial actions independently or through the representative if other is not established by these 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 six of Article 34.4 of these Bases, and notaries in connection with the made notarial actions. Certificates of issue of certificates on the right to inheritance and of the notarial certificate of gift agreements go the notary through notariate unified information system to tax authority no later than five days from the date of making of the corresponding notarial action if other is not stipulated by the legislation the Russian Federation about taxes and fees. Certificates of the will are issued only after the death of the testator. The information about the heirs who accepted inheritance which part earlier considered real estate object is is issued on requests of executive bodies of subjects of the Russian Federation - the federal cities of Moscow, St. Petersburg and Sevastopol, local government bodies in connection with carrying out according to the Federal Law of July 13, 2015 to No. 218-FZ "About state registration of the real estate" actions for identification of owners of earlier considered real estate objects. In this request number of heritable case and (or) surname, name, middle name (in the presence) of the testator, date of his death, the place of opening of inheritance (the last residence of the testator), and also data on earlier considered real estate object shall be specified.
When making notarial actions the consent of the subject of personal data to processing of its personal data for making of notarial actions is not required.
Verification of information on the notarial document by means of notariate unified information system with use of the machine-readable marking placed on the notarial document is not disclosure of data on making of notarial action.
The machine-readable marking placed on the notarial document shall contain:
1) date of making of notarial action;
2) registration number of notarial action;
3) type of notarial action;
4) the surname, name and middle name of the notary (person replacing temporarily absent notary) specified on the notarial document;
5) the notarial district of the notary (person replacing temporarily absent notary) who made notarial action;
6) data on applicants, their representatives: surname, name, middle name (in the presence) - for physical person; full name, identification taxpayer number (in the presence) or the primary state registration number (for the legal entity registered in accordance with the established procedure in the territory of the Russian Federation) - for the legal entity.
The procedure for submission of information on the notarial document and format of its placement on the document with use of machine-readable marking are determined by federal body of justice together with Federal notarial chamber in coordination with the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of information technologies.
The notary has no right:
be engaged in business and other paid activity, except for teaching, scientific or other creative activities;
render intermediary services in case of the conclusion of agreements.
The code of professional ethics of notaries in the Russian Federation establishes requirements to professional ethics of the notary and person replacing it and also the bases of emergence of disciplinary responsibility of the notary, procedure for attraction it to disciplinary responsibility and measures of disciplinary responsibility of the notary who is engaged in private practice and person replacing it.
The disciplinary responsibility of the notary is established only for the guilty actions which led to violation of the requirements established by the Code of professional ethics of notaries in the Russian Federation.
The code of professional ethics of notaries in the Russian Federation is accepted by meeting of representatives of notarial chambers and after acceptance affirms federal body of justice.
The decision on involvement of the notary who is engaged in private practice, and person replacing it to disciplinary responsibility is accepted by notarial chamber of the subject of the Russian Federation and can be appealed in court.
Offices of notary public open and abolished by the federal executive body performing law-enforcement functions and functions on control and supervision in the field of notariate or according to its order its territorial authority.
The notary who is engaged in private practice, having the right to have office, to open in any bank settlement and other accounts, including currency, to have the property and personal non-property rights and obligations, to hire and dismiss workers, to dispose of the arrived income, to appear in court, Arbitration Court on its own behalf and to make other actions in accordance with the legislation of the Russian Federation and subjects of the Russian Federation.
The notary uses services of system of the state social security, medical and social insurance according to the procedure, established by the legislation of the Russian Federation.
The notarial clerical work is performed by notaries according to the rules approved by federal body of justice together with Federal notarial chamber.
Control of execution of rules of notarial clerical work by the notaries working in offices of notary public is performed by territorial authorities of the federal executive body performing law-enforcement functions and functions on control and supervision in the field of notariate, and concerning the notaries who are engaged in private practice, - according to the procedure, determined by the Ministry of Justice of the Russian Federation together with Federal notarial chamber.
The standard nomenclature of cases of the notary determining structure and storage durations of notarial documents affirms federal body of justice together with Federal notarial chamber in coordination with authorized federal executive body in the field of archiving and clerical work.
Rules of stores organization, completing, accounting and use of notarial documents (further - storage precautions of notarial documents) affirm federal body of justice together with Federal notarial chamber in coordination with authorized federal executive body in the field of archiving and clerical work.
The notarial clerical work is conducted in language, stipulated by the legislation the Russian Federation, republics within the Russian Federation, the autonomous region and autonomous areas. If person who addressed for making of notarial action does not know language in which the notarial clerical work is conducted, texts of the processed documents shall be translated to it by the notary or the translator.
The notary has personal seal with the image of the State Emblem of the Russian Federation, specifying of surname, initials, positions of the notary and the place of its stay or the name of office of notary public, stamps of certifying texts, personal forms or forms of office of notary public.
For making of notarial actions with electronic documents, and also transfers of data, notarial documents electronically, electronic images of the notarial documents created on paper in notariate unified information system the notary uses the strengthened qualified digital signature (further - the qualified digital signature) created according to the Federal Law of April 6, 2011 No. 63-FZ "About the digital signature".
The notary has the certificate. The form of the certificate and procedure for its filling affirm federal body of justice together with Federal notarial chamber. In the certificate surname, the name, middle name of the notary, its number in the register of notaries are entered. In the certificate there shall be photo of the notary certified by Federal notarial chamber according to the procedure, established by federal body of justice together with Federal notarial chamber. The certificate is issued by Federal notarial chamber according to the procedure, established by federal body of justice together with Federal notarial chamber, and is the document confirming the status of the notary.
The notaries who are engaged in private practice and notarial chambers have the right to the conclusion of lease agreements, and is equal also other agreements providing transition of rights of possession and (or) uses concerning the rooms which are in the state-owned or municipal property for the purpose of implementation of notarial activities (including for storage of notarial documents), implementation of activities of notarial archive or placement of notarial chamber, without carrying out tenders or auctions on the right of the conclusion of these agreements.
In case of paid alienation from the state-owned or municipal property of the room the notary or notarial chamber has the privilege to acquisition of such property for the purpose of implementation of notarial activities (including for storage of notarial documents), implementation of activities of notarial archive or placement of notarial chamber at the price equal to its market value and determined according to the procedure, No. 135-FZ established by the Federal Law of July 29, 1998 "About estimative activities in the Russian Federation", without carrying out tender or auction.
This privilege can be exercised in case of simultaneous observance of the following conditions:
1) the notary does not exercise the privilege concerning other room earlier, and this privilege was not exercised by notarial chamber within the last five years (except as specified acquisitions of the room by notarial chamber for storage of notarial archive);
2) the acquired property is in limits of the notarial district in which the notary is appointed to position;
3) the acquired property is free from the third party rights;
4) the acquired property is not property which is limited in turnover.
The notary, notarial chamber have the right to address to the public authority of the subject of the Russian Federation or local government body authorized on implementation of functions on privatization of the property which is in state-owned property of subjects of the Russian Federation or municipal property (further - authorized body), with the statement for acquisition of the real estate unit which privatization is performed by its sale at auction or at tender.
According to the statement of the notary, notarial chamber for possibility of provision of such real estate unit the authorized body within thirty days accepts one of the following decisions:
1) about possibility of provision of such real estate unit and about the direction of the offer on the conclusion of the purchase and sale agreement of the state-owned or municipal property;
2) about refusal in provision of such real estate unit in connection with non-compliance with conditions of part three of this Article.
In case of the consent of the notary, notarial chamber with the offer on the conclusion of the purchase and sale agreement of such real estate unit this agreement shall be signed within thirty days from the date of receipt by the notary, notarial chamber of the offer on its conclusion and (or) the draft agreement of purchase and sale of real estate.
The agreement providing alienation of real estate shall contain encumbrance of the privatized real estate unit by obligation in quality of essential condition to use it according to the purposes specified in part two of this Article within five years from the moment of its privatization.
During suspension of powers of the notary according to Article 14.1 of these Bases the privilege cannot be exercised.
The concession to other notary of the privilege to real estate acquisition is not allowed.
The transactions on privatization of the state-owned or municipal property and other transactions directed to paid alienation of the state-owned or municipal property and made with violation of the requirements established by this Federal Law and the legislation of the Russian Federation on privatization are insignificant.
In the notarial districts located in sparsely populated and hardly accessible areas which economic development does not allow the notary to perform notarial activities independently and independently material support of the notary it is performed according to its petition at the expense of means of notarial chamber or in case of insufficiency of means of notarial chamber according to the petition of notarial chamber and (or) the notary at the expense of means of Federal notarial chamber.
The procedure and method of calculation of the amount of the material support given to notaries in sparsely populated and hardly accessible areas are determined by Federal notarial chamber.
In the areas specified in part one of this Article in the absence of the notary reception of citizens is performed by the organization by notarial chamber of regular departures of the notaries working in other settlements or other notarial districts, according to the procedure, established by Federal notarial chamber.
The position of the notary is established and liquidated according to the procedure, determined by federal body of justice together with Federal notarial chamber.
The quantity of positions of notaries in the notarial district is determined according to the procedure, approved by federal body of justice together with Federal notarial chamber.
Investment of the notary with powers is made based on the recommendation of notarial chamber by the federal executive body performing law-enforcement functions and functions on control and supervision in the field of notariate or according to its order its territorial authorities on competitive basis from among persons who passed qualification examination. The procedure for carrying out tender is determined by federal body of justice together with Federal notarial chamber.
Dismissal of the notary working in office of notary public is made in accordance with the legislation of the Russian Federation about work.
The notary who is engaged in private practice resigns authority at own will or is exempted from powers based on the judgment about deprivation of its right of notarial activities in cases:
1) his condemnations for making of intentional crime - after the introduction of sentence in legal force;
2) legal incapacities or recognitions incapacitated in the procedure established by the law;
3) according to the petition of notarial chamber for numerous making of minor offenses, violation of the law, and also in case of impossibility to fulfill professional duties for health reasons (in the presence of the medical certificate) and in other cases provided by legal acts of the Russian Federation;
4) recognitions by his bankrupt in accordance with the legislation of the Russian Federation about insolvency (bankruptcy).
The procedure for document transfer, stored at the notary whose powers stop, to other notary is determined by federal body of justice together with Federal notarial chamber.
Abdication of the notary on reaching it seventy-five year age is performed without the judgment. The procedure and terms of abdication of the notary, carrying out tender for appointment to the position exempted in this case are determined by federal body of justice together with Federal notarial chamber.
The notarial district (the territory of activities of the notary) is established according to administrative-territorial division of the Russian Federation. In the cities having district or other administrative division, the notarial district is all territory of the respective city. The notarial district (the territory of activities of the notary) in the federal territory is established in borders of the federal territory by bodies of the public power of the federal territory.
The notary shall take place for making of notarial actions within the notarial district to which he is appointed to position.
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