It is registered
in Ministry of Justice
Russian Federation
On December 9, 2008 No. 12809
of November 26, 2008 No. 275
About approval of the Procedure for determination of quantity of positions of notaries in the notarial district
In pursuance of part two of Article 12 of Bases of the legislation of the Russian Federation on notariate of February 11, 1993 N 4462-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; N 35, of Art. 3607; N 45, of Art. 4377; 2005, N 27, Art. 2717; 2006, N 27, Art. 2881; 2007, N 1, Art. 21; N 27, of Art. 3213; N 41, of Art. 4845; 5084) I order to N 43, of the Art.:
Approve the enclosed Procedure for determination of quantity of positions of notaries in the notarial district.
Minister A. Konovalov
Approved by board decision of Federal notarial chamber of September 18, 2008 and the order of Ministry of Justice of the Russian Federation of November 26, 2008, No. 275
1. The procedure for determination of quantity of positions of notaries in the notarial district (further - the Procedure) is developed according to article 12 of Bases of the legislation of the Russian Federation about notariate of February 11, 1993 N 4462-I*.
2. According to article 26.3 of the Federal Law of October 6, 1999 N 184-FZ "About the general principles of the organization of legislative (representative) and executive bodies of the government of subjects of the Russian Federation" ** the quantity of positions of notaries in the notarial district is determined by public authority of the subject of the Russian Federation.
The specified quantity is determined by the law or other regulatory legal act of the subject of the Russian Federation, as a rule, is not more often than once a year taking into account the requirements provided by Procedure.
The procedure is applied as in case of primary establishment of quantity of positions of notaries in the notarial district, and in case of change of this quantity.
3. The public authority of the subject of the Russian Federation determines total quantity of positions of notaries in each notarial district without differentiation of the specified quantity on the number of the notaries who are engaged in private practice and the number of the notaries working in office of notary public.
4. The quantity of positions of notaries in the notarial district (notarial districts) is determined by public authority of the subject of the Russian Federation based on the approved offer of management of the Ministry of Justice of the Russian Federation on the subject (subjects) of the Russian Federation (further - Management) and notarial chamber in the subject of the Russian Federation (further - notarial chamber) or based on offers of Management or notarial chamber, in the cases provided by Items 9, 10 About.
The decision on reduction of quantity of positions of notaries in the notarial district (notarial districts) can be made only in the presence in the respective notarial district (notarial districts) of vacant positions of notaries.
5. Offers on quantity of positions of notaries in the notarial district (notarial districts) are developed by Management together with notarial chamber at the initiative of public authority of the subject of the Russian Federation or at the initiative of Management or notarial chamber.
6. The management and notarial chamber by preparation of offers on quantity of positions of notaries in the notarial district (notarial districts), and also public authority of the subject of the Russian Federation in case of decision making about determination of quantity of positions of notaries in the notarial district (notarial districts) shall consider in total the following criteria:
1) availability in each notarial district at least one position of the notary;
2) population in the notarial district. At the same time the second and the subsequent positions of notaries are established as follows:
in the notarial districts established in borders of the federal cities - one notary on 15 000 people;
in the notarial districts established in borders of residential locations - one notary on 20 000 - 25 000 people;
in the notarial districts established in borders of municipal districts (except for residential locations in which borders notarial districts are established), - one notary on 25 000 - 30 000 people.
7. The documents containing information on each notarial district are attached to offers of Management and notarial chamber on quantity of positions of notaries in the notarial district (notarial districts):
about quantity of the population;
about the number of committed notarial actions in year;
about remoteness of settlements from each other and transport connection between them;
about possibility of self-financing of the notary who is engaged in private practice taking into account obligation of availability of funds for expense recovery of the notary for risk insurance of notarial activities, compensation of material damage in case of making by the notary of wrongful notarial acts, payment of the membership fees in notarial chamber, increase in level of professional education and qualification, content and storage of notarial archive, material logistics and content of notary office and workers, other expenses connected with professional activity of the notary who is engaged in private practice
and also other information proving offers on quantity of positions of notaries in the notarial district.
8. In case initiator of determination of quantity of positions of notaries in the notarial district (notarial districts) is the public authority of the subject of the Russian Federation, its appeal about preparation of offers on the matter is sent to Management which within 60 days from the date of receipt of such address sends the offers approved with notarial chamber to public authority of the subject of the Russian Federation.
9. For the purpose of development of the approved offer on quantity of positions of notaries in the notarial district (notarial districts) prepared in connection with the appeal of public authority of the subject of the Russian Federation or at the initiative of Management, the Management sends to notarial chamber the appeal on the matter which is subject to obligatory consideration by notarial chamber within 30 calendar days from the date of its receipt.
In case of absence within 50 calendar days from the date of the direction of the specified circulation of information on results of its consideration or in case of receipt of objections of the notarial Management chamber sends offers on quantity of positions of notaries in the notarial district (notarial districts) to public authority of the subject of the Russian Federation with application of documents, stipulated in Item 7 About, and also confirming knowledge on the matter of notarial chamber or containing her objections.
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