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Ministry of Justice

Russian Federation

On December 27, 2007 No. 10832

ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of December 27, 2007 No. 256

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

(as amended of the Order of the Ministry of Justice of the Russian Federation of 03.08.2009 No. 241)

Based on part three of Article 39 of Bases of the legislation of the Russian Federation on notariate of February 11, 1993 N4462-I (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 10, Art. 357; Russian Federation Code, 2003, N 50, Art. 4855; 2004, N 27, Art. 2711; 2004, N 35, Art. 3607; 2004, N 45, Art. 4377; 2005, N 27, Art. 2717; 2006, N 27, Art. 2881; 2007, N1 (h 1), Art. 21; 2007, N 27, 3213) 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 municipal districts and specially by authorized officers of local self-government of settlements and municipal districts.

2. Recognize invalid the Instruction about procedure for making of notarial actions by officials of executive bodies approved by the deputy minister of justice of the Russian Federation A.M. Stepanov on March 19, 1996 (it is registered in the Ministry of Justice of the Russian Federation on March 19, 1996, registration N 1055).

3. Enact the order since January 15, 2008.

 

Minister

V. Ustinov

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

Chapter I. General provisions

1. The instruction about procedure for making of notarial actions by heads of local administrations of settlements and municipal districts and specially is developed by authorized officers of local self-government of settlements and municipal districts (further - the Instruction) according to part three of Article 39 of Bases of the legislation of the Russian Federation on notariate of February 11, 1993 N4462-1 (further - Bases) * (1).

According to Article 37 of Bases if in the settlement or the settlement located in the mezhselenny territory there is no notary, respectively 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 the following notarial actions:

1) to certify wills;

2) to certify powers of attorney;

3) to take measures for protection of heritable property and in case of need measure for management of it;

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

5) to witness authenticity of the signature on documents;

by legal acts of the Russian Federation making and other notarial actions can be assigned to officials of local self-government.

2. The head of local administration of the settlement or municipal district (further - the head of local administration) in case of absence in the settlement or the settlement of the notary located in the mezhselenny territory have the right to make notarial actions on position.

Making of notarial actions can be assigned by the decision of the head of local administration in case of absence in the settlement or the settlement of the notary located in the mezhselenny territory to one or several officials of local self-government.

Information on the made decision shall be brought to the attention the citizens living in the territory of the settlement or the mezhselenny territory, territorial authority of the Ministry of Justice of the Russian Federation and notarial chamber of the subject of the Russian Federation.

The territorial authority of the Ministry of Justice of the Russian Federation informs heads of local administrations about acting in the territory of notarial districts within which there are respective settlements and the mezhselenny territories, offices of notary public and (or) the notaries who are engaged in private practice including notaries, representatives in accordance with the established procedure to grant certificates on the right to inheritance and to take measures to protection of heritable property.

3. Officials of local self-government when making notarial actions 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 (daleekodeks) * (2), 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.

4. When making notarial actions officials of local self-government shall observe the mystery of the made notarial actions in this connection they are forbidden to disclose data, to announce documents which became known to them in connection with making of notarial actions including after the termination of powers or dismissal from municipal service, except as specified, provided by the law.

Data (documents) on committed notarial actions can be issued only to persons, from name or at the request of which these actions are made.

Certificates of 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. Certificates of the will are certified only after the death of the testator on representation death.

Rules about observance of mystery of notarial actions extend also to persons who knew of making of notarial actions in connection with accomplishment of service duties by them.

The court can exempt the official of local self-government from obligation of preserving secret if against it criminal case in connection with making of notarial action is brought.

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