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The document ceased to be valid since May 6, 2014 according to Item 2 of the Order of the Ministry of Justice of the Russian Federation of April 16, 2014 No. 78

IT IS REGISTERED

in Ministry of Justice of the Russian Federation

December 17, 2009.

Registration No. 15675

ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of November 19, 2009 No. 403

About approval of Rules of notarial clerical work

(as amended on on November 23, 2010)

According to Articles 9, 12 Bases of the legislation of the Russian Federation on notariate of February 11, 1993 N 4462-1 (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; N 43, of Art. 5084; 2008, N 52, Art. 6236; 2009, N 1, Art. 14, 20; N 29, of the Art. 3642):

1. I approve the enclosed Rules of notarial clerical work.

2. The order becomes effective since January 1, 2011.

 

Minister A. V. Konovalov

 

Approved by board decision of Federal notarial chamber of November 18, 2009 No. 11/09 the order of Ministry of Justice of the Russian Federation of November 19, 2009 No. 403

Rules of notarial clerical work

I. General provisions

1. The rules of notarial clerical work (further - Rules) developed in pursuance of Articles 9, of 12 Bases of the legislation of the Russian Federation on notariate of February 11, 1993 N 4462-1 (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; N 43, of Art. 5084; 2008, N 52, Art. 6236; 2009, N 1, Art. 14, 20; N 29, of the Art. 3642) (further - Bases), establish single operating procedure with documents of notaries in the Russian Federation, control of execution of rules of notarial clerical work, and also the document transfer which is stored at the notary whose powers stop to other notary.

Rules regulate documentation and document flow from the moment of creation or receipt of documents before their transfer to archive or destructions, including operating procedure with documents, control, maintaining and filling of the documents connected with making of notarial actions, creation of the nomenclature of cases, preparation of documents for storage or destruction.

Rules do not establish procedure for making of notarial actions, forms of registers for registration of notarial actions, notarial certificates, certifying texts of the notary on transactions and the witnessed documents.

2. The clerical work is conducted by notaries in Russian, being according to article 68 of the Constitution of the Russian Federation (The Russian newspaper, 1993, N 237; Russian Federation Code, 1996, N 3, Art. 152; N 7, of Art. 676; 2001, N 24, Art. 2421; 2003, N 30, Art. 3051; 2004, N 13, Art. 1110; 2005, N 42, Art. 4212; 2006, N 29, Art. 3119; 2007, N 1, Art. 1; N 30, of Art. 3745; 2009, N 1, the Art. 1, 2) state language of the Russian Federation in all its territory. In case of establishment by the republic which is in structure of the Russian Federation, state language of the republic clerical work along with state language of the Russian Federation it can be conducted also in state language of the republic.

Registration of all document types (documentation) in notarial clerical work is performed on papers. For accounting and reference ensuring notarial activities electronic copies of documents, registration and control and accounting forms can be created, processed and be stored in databases, and also be transferred and be accepted the electronic messages which do not have legal force if it does not contradict provisions of Bases and other regulatory legal acts in this sphere.

3. Responsibility for the organization and the correct record keeping, stores organization, accounting and use of notarial archive documents, and also for delivery of notarial archive documents in the relevant archive on permanent storage bear:

the notary who is engaged in private practice;

in office of notary public - one of notaries determined by the order of territorial authority of the Ministry of Justice of the Russian Federation (further - territorial authority).

4. The notary who is engaged in the private practice having the right to assign record keeping to one of the workers. In office of notary public record keeping can be also assigned by the order of territorial authority to one of workers who is not the notary. In case of assignment of maintaining notarial clerical work on person who is not the notary, responsibility for the organization and maintaining notarial clerical work are born by the notaries specified in Item 3 of Rules.

To workers of the notary who is engaged in private practice, and office of notary public in case of employment regulations of Article 5 of Bases on prohibition of disclosure of data or announcement of the documents concerning making of notarial actions are explained.

5. Control of execution Governed the notaries working in offices of notary public, perform territorial authorities.

Control of execution Governed the notaries who are engaged in private practice, perform territorial authorities together with notarial chambers according to the procedure, established by the Section XIII of Rules.

Inspection of execution of Rules is carried out once in four years.

II. Document creation (documentation of notarial activities)

Organizational and administrative documents

6. In the course of making of notarial action (or refusal in its making) the notary processes the following organizational and administrative documents which are directly connected with making of notarial action, but not concerning documentary registration of this action:

the resolution (except the resolutions connected according to the current legislation with documentary registration of notarial action, namely the resolution on issue of money on funeral of the testator, the resolution on cancellation of earlier granted certificate on the right to inheritance, etc.);

order;

order;

request about reclamation of data and documents.

7. Organizational and administrative documents of the notary have the following details:

the name of notarial chamber of the subject of the Russian Federation (on documents of the notaries who are engaged in private practice);

name of the notarial district or office of notary public;

surname, initials, position of the notary;

date and number of the order of territorial authority on position assignment of the notary;

document type (resolution, order, etc.);

the name of the document (about refusal in making of notarial action, etc.);

date;

registration number;

place of creation;

text of the document;

signature of the notary;

impress of a seal with reproduction of the State Emblem of the Russian Federation.

8. The text of the organizational and administrative document can be subdivided into introduction (preamble) and administrative speak rapidly. The preamble is constituted if the ordered actions need reasons and explanation.

9. Organizational and administrative documents are registered in the magazine of organizational and administrative documents (appendix N 1).

10. Originals of organizational and administrative documents are located in the corresponding nomenclature cases of the notary.

11. The procedure for preparation and document creation, created by the notary and connected with documentary registration of notarial actions, is regulated by the corresponding legal acts of the Russian Federation.

Letters

12. The documents of the notary which are not connected with documentary registration of notarial action (the replies to the requests which arrived to the notary; information messages in notarial chambers; cover sheets to statistic reports; notifications; references and other similar documents), are drawn up as the letter with use of the personal form of the notary according to the Section V of Rules.

13. Letters of the notary contain the following details:

the name of notarial chamber of the subject of the Russian Federation (on documents of the notaries who are engaged in private practice);

surname, initials, position of the notary;

name of the notarial district or office of notary public;

place of creation;

date;

reference registration number;

addressee;

text;

mark about appendix availability;

signature of the notary.

The certificates of committed notarial actions issued by the notary according to Article 5 of Bases except the above-stated details contain the name, the reference to the document based on which they are issued; impress of a seal with reproduction of the State Emblem of the Russian Federation. In references date and number of the order of territorial authority on position assignment of the notary can be specified.

14. The addressee of the letter is specified as follows.

In case of the direction of the letter to the organization or its structural division the name of the organization and structural division are specified in the Nominative case, for example:

Ministry of Justice of the Russian Federation Department of the organization and control

In case of the direction of the letter to the specific official the name of the organization and structural division the position and surname - in dative are specified in the Nominative case, for example:

Ministry of economic development and trade of the Russian Federation Legal support department to the Chief specialist expert I. O. Familiya

When addressing the letter to the head of the organization its name is part of the name of position of the addressee, for example:

To the CEO of Agroprom limited liability company I. O. Familiya

When addressing the letter its initials, surname, the name of the street, house number, apartments are specified to physical person; name of the settlement (city, settlement, etc.); name of the area; name of the republic, edge, area, autonomous area (area); country name (for the international mailings); postal index, for example: I. O. Familiya

Ulitsa Sadovaya, 5, sq. 12, Lipki, Kireevsky district, Tula Region, 301264

15. Date of the letter is, as a rule, drawn up in day of signing in case of its registration.

Date of the letter can be drawn up as verbal and digital method, for example: On July 07, 2009, and the Arab figures in the sequence: day of month, month, year, for example: 07.07.2009.

16. Are part of the detail "signature": the name of position of person which signed the document, the personal signature and its disaggregation, for example:

Notary (personal signature) I. O. Familiya

In case of registration of the detail "signature" on the personal form of the notary the position of the notary is not specified.

In case of registration of the detail "signature" on the personal form of the notary by person replacing temporarily absent notary who is engaged in private practice specifying in the detail "signature" of its status, initials and surname is obligatory, for example:

Temporarily performing

obligations of the notary (personal signature) I. O. Familiya

17. Appendices to the document are listed after the text of the document with indication of the number of sheets in each appendix and copies of appendices, for example:

Appendix: on 8 l. in 3 pieces.

If appendices are not called in the text, then their names are listed with indication of the number of sheets in each appendix and copies. In the presence of several appendices they are numbered, for example:

Appendix: 1. The reference about... on 3 l. in the 2nd copy 2. Request about... for 1 l. in 1 piece.

If attach other document which also have appendix to the document, availability of appendix makes a reservation, for example:

Appendix: the letter of Federal notarial chamber of 05.06.2007 N 113/06-07 and appendix to it, on only 3 l.

If appendix is directed not to all addresses specified in the document, then about it the mark becomes, for example:

Appendix: on 2 l. in 1 copy only in the first address.

18. In case of reply to the request the reference to date and number of the document request is specified.

III. Processing of incoming documents

19. The documents arriving to the notary who is engaged in private practice or in office of notary public (entering) undergo the following processing.

Correctness of delivery of documents is checked; mistakenly delivered documents without opening of envelopes return to post office for transfer on accessory. Envelopes are opened, availability of documents and appendices to them is checked. In case of absence in envelope of the document or appendix to the document on it the statement is drawn up (appendix N 2) which one copy goes to the addressee, and the second joins the received documents.

20. Envelopes in which documents, as a rule, arrived are destroyed. In some cases for fixing of data on time of sending or receipt of documents (violation of terms of sending and obtaining), the sender's address if it is absent in the document, envelopes are attached to the arrived documents.

21. Documents, including statements, can be accepted by the notary on personal acceptance.

If the authentic documents necessary for notarial production are transferred to the notary on personal acceptance, but at the same time notarial action is not made in day of adoption of documents or made without applicant (the documents necessary for issue of the certificate on the right to inheritance are transferred to the notary before the expiration of six months from the date of opening of inheritance; to the notary documents for making of protest of the bill of exchange, etc. are transferred), the receipt certified by the signature and impress of a seal of the notary with reproduction of the State Emblem of the Russian Federation is issued to the applicant (appendix N 3). Return by the notary of the specified documents to the applicant is also made on receipt which can be drawn up in the form of the separate document or in the form of the corresponding record on the notary of the copy of the returned authentic document remaining in cases.

When giving, to the applicant at its request the receipt can be also issued to the notary of copies of documents in the cases provided by this Item (appendix N 3), confirming receipt of documents by the notary of copies.

The receipt is constituted in duplicate, one of which is located to the notary, the second - is handed to the applicant.

22. All documents received by the notary and connected with notarial activities irrespective of methods of their delivery are subject to registration. The exception is constituted by the documents necessary for making of specific notarial action, the confirmatory certain facts or events (the documents of title, documents confirming the fact of the birth, death, etc.).

23. The documents which are subject to registration shall be considered in the magazine of registration of incoming correspondence (appendix N 4) in day of their receipt.

24. On the document in the right bottom corner of the first page are put registration number according to the magazine of registration of incoming correspondence and registration date.

25. The documents which are subject to special accounting, arrived by mail at first are registered in the magazine of registration of incoming correspondence, and then - in the book of special accounting.

26. The registered document, proceeding from assessment of its content, is subject to preliminary consideration by the notary within five working days from the moment of receipt for the solution of question of need, terms and procedure for performance of a document (whether the document is subject to acceptance to notarial production whether the answer is required to the author of the address, etc.).

The pertinent answer is given to the author of the address no later than 30 days from the date of receipt of the document if the legislation of the Russian Federation does not establish other completion dates.

27. Are not subject to consideration of the address, not containing data on surname and the postal address of the applicant.

28. The document which is within the competence of other notary (the application for inheritance acceptance is directed to the notary whose competence does not include execution of the succession law, etc.), no later than seven days from the date of receipt goes to it with the cover letter.

If the notary who received the document does not know within what competence of the notary permission of the questions raised in it is, the document goes to the relevant territorial authority for further transfer on accessory.

About the direction of the document to other notary or in territorial authority it is in writing reported to person from whom the document arrived.

29. The address which is not within the competence of the notary no later than seven days from the date of receipt returns to the sender with the corresponding explanation.

30. The arrived address (document) is considered fulfilled if all questions raised in it are resolved and the answer is in case of need given to the applicant.

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