ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of June 29, 2015 No. 159

About modification of the Procedure for maintaining registers of unified information system of notariate approved by the Order of the Ministry of Justice of the Russian Federation of 17.06.2014 No. 129

According to part six of Article 34.3 of Bases of the legislation of the Russian Federation on notariate of February 11, 1993 No. 4462-1 (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 10, Art. 357; Russian Federation Code, 2003, No. 50, Art. 4855; 2004, No. 27, Art. 2711, No. 35, Art. 3607, No. 45, Art. 4377; 2005, No. 27, Art. 2717; 2006, No. 27, Art. 2881; 2007, No. 1 (p. I), Art. 21, No. 27, Art. 3213, No. 41, Art. 4845, No. 43, Art. 5084; 2008, No. 52 (p. I), Art. 6236; 2009, No. 1, Art. 14, Art. 20, No. 29, Art. 3642; 2010, No. 28, Art. 3554; 2011, No. 49 (p. V), Art. 7064, No. 50, Art. 7347; 2012, No. 27, Art. 3587; 2013, No. 14, Art. 1651, No. 51, Art. 6699; 2014, No. 26 (p. I), Art. 3371, No. 30 (p. I), Art. 4268; 2015, No. 1 (p. I), Art. 10, 13, of the Art. 1811) I order to No.:

1. Approve the enclosed changes made to the Procedure for maintaining registers of unified information system of notariate approved by the order of the Ministry of Justice of the Russian Federation of 17.06.2014 No. 129 (it is registered by the Ministry of Justice of the Russian Federation 18.06. 2014, registration No. 32716) (further - the changes made to the Procedure).

2. This order becomes effective in accordance with the established procedure, except for provisions of paragraphs of the ninth - the eleventh item 4 of the changes made to the Procedure which are becoming effective since July 1, 2016.

Approved by the Order of the Ministry of Justice of the Russian Federation of June 29, 2015 No. 159

The changes made to the Procedure for maintaining registers of unified information system of notariate approved by the Order of the Ministry of Justice of the Russian Federation of 17.06.2014 No. 129

According to the procedure of maintaining registers of unified information system of notariate, approved by the order of the Ministry of Justice of the Russian Federation of 17.06.2014 No. 129 (it is registered by the Ministry of Justice of the Russian Federation 18.06. 2014, registration No. 32716):

1) in Item 1 after words of "Article 34.3" to add with words ", parts three of Article 37 and part three of Article 38";

2) in Item 2 of the word "sequence of maintaining" shall be replaced with words "rules of maintaining";

Item 10 to add 3) with the paragraph of the following content:

"The employees of notarial chambers of subjects of the Russian Federation and Federal notarial chamber authorized on entering into registers of EIS of data on the committed notarial actions provided respectively by the head of local administration or specially the authorized officer of local self-government or the Ministry of Foreign Affairs of the Russian Federation having the right to enter data only in the register of notarial actions of EIS.";

Items 11 and 12 to state 4) in the following edition:

"11. Have access to the data containing in registers of EIS to storage period of such data in EIS:

the notary who entered data in the register of EIS and also person replacing temporarily absent notary and the notary to whom the archive of other notary or office of notary public is transferred, - to data which are entered in the register of notarial actions of EIS by this notary, and also other notary whose archive (or archive of the relevant office of notary public) is transferred to this notary, and also to the register of heritable cases, the register of notifications - in full;

the employees of notarial chambers of subjects of the Russian Federation and Federal notarial chamber authorized on entering into registers of EIS of data on committed notarial actions - to data which are entered in the register of notarial actions of EIS by these workers, and also the notary whose archive (or archive of the relevant office of notary public) is transferred to the relevant notarial chamber of the subject of the Russian Federation or Federal notarial chamber, and also to data of the register of heritable cases - in full;

the officials authorized by the operator of EIS - in case, stipulated in Item 18 About;

persons exercising control of execution by notaries of Rules of notarial production, - according to the procedure, established by Rules of notarial clerical work;

other persons - in cases and in volume of data, stipulated in Article 34.4 Bases.

12. Person replacing temporarily absent notary is determined according to Procedure for substitution of temporarily absent notary <*>.

--------------------------------

<*> For information only: the order of the Ministry of Justice of the Russian Federation from _______ No. ______ "About approval of the Procedure for substitution of temporarily absent notary" (registration No. ______ is registered by the Ministry of Justice of the Russian Federation ________).

For provision of the rights to entering of data into registers of EIS and access to the data containing in registers of EIS according to Procedure Items 10 and 11 the notary needs to make the corresponding entry in the online magazine of temporary delegation of power and to sign it the strengthened qualified digital signature.

In case of lack of possibility of entering of record about the fact of delegation of power into the online magazine of temporary delegation of power this record is created by person replacing temporarily absent notary and signed by the strengthened qualified digital signature of the authorized employee of notarial chamber of the subject of the Russian Federation.

The notary, starting execution of the obligations, shall make the corresponding entry in the online magazine of temporary delegation of power and sign it the digital signature.

During the work with registers of EIS person replacing temporarily absent notary signs the data entered in registers the strengthened qualified digital signature and has the right of modification of the records of the register of heritable cases and the register of notarial actions brought by earlier temporarily absent notary.

During execution of powers of the notary-faced, it is temporary its replacement, entering of data into registers of EIS by temporarily absent notary is not allowed.";

To add 5) with Item 12.1 of the following content:

"12.1. The notary provides maintaining registers of EIS on the workplace with use of means of EIS.";

Item 16 to state 6) in the following edition:

"16. Protection of the data containing in EIS is performed in accordance with the legislation of the Russian Federation in the field of personal data and the legislation of the Russian Federation on information, information technologies and on information security.";

Item 20 to exclude 7);

8) to add with Items 31.1 - 31.5 following of content:

"31.1. The notarial chamber of the subject of the Russian Federation by the automated method with use of means of EIS exercises formatno-logical control of data on the certificate or cancellation of the will, power of attorney by the head of local administration or specially the authorized officer of local government body, and also check of compliance of the digital signature of the authorized person of local government body to requirements of the legislation of the Russian Federation governing the relations in the field of use of digital signatures.

31.2. In case the provided data underwent the formatno-logical control specified in Procedure Item 31.1 and were registered in the register of notarial actions of EIS, automatically with use of funds of EIS for the e-mail address of local government body the notice on entering of data into the register of notarial actions of EIS containing data on number, date and time of registration of notarial action in the register of notarial actions of EIS goes.

31.3. In case the provided data did not undergo the formatno-logical control specified in Item 31.1 of the Procedure, EIS issues the notification on refusal of entering of data into the register of notarial actions of EIS with indication of cause of failure.

31.4. In case of need modification of earlier provided data in connection with the made mistake the authorized officer of local self-government sends to notarial chamber of the subject of the Russian Federation the message on change of earlier directed data with obligatory specifying of notarial action, date of its making, number of registration in the register for registration of notarial actions, data on the made his face. The changed data on committed notarial action are attached to such message.

31.5. In case of receipt of the message on change of earlier directed data the authorized employee of notarial chamber of the subject of the Russian Federation shall be convinced before entering of data into the register of notarial actions of EIS that changes concern that notarial action which is specified in the message.";

The second Item 32 of the word "on paper or in electronic form, signed by the strengthened qualified digital signature" shall be replaced with words 9) in the paragraph "in electronic form, signed by the strengthened qualified digital signature, within five working days from the date of making of notarial action";

To add 10) with Items 32.1 - 32.4 following of content:

"32.1. The federal notarial chamber by the automated method with use of means of EIS exercises formatno-logical control of the data on the certificate or cancellation of the will or power of attorney provided by the Ministry of Foreign Affairs of the Russian Federation and also check of compliance of the digital signature of the Ministry of Foreign Affairs of the Russian Federation to requirements of the legislation of the Russian Federation governing the relations in the field of use of digital signatures.

32.2. The data provided by the Ministry of Foreign Affairs of the Russian Federation are registered in the register of notarial actions of EIS if they underwent the formatno-logical control specified in Procedure Item 32.1.

The notice on registration of the data provided by the Ministry of Foreign Affairs of the Russian Federation or the notification on refusal to enter such data in the register of notarial actions of EIS goes to the Ministry of Foreign Affairs of the Russian Federation automatically with use of means of EIS.

The notice on registration of the data provided by the Ministry of Foreign Affairs of the Russian Federation contains the following data: number, date and time of registration of notarial action in the register of notarial actions of EIS.

In the notification on refusal to enter the data provided by the Ministry of Foreign Affairs of the Russian Federation in the register of notarial actions of EIS the cause of failure is specified.

32.3. In case of need modification of earlier provided data in connection with the made mistake the official of consular establishment sends through the Ministry of Foreign Affairs of the Russian Federation to Federal notarial chamber the message on change of earlier directed data with obligatory specifying of number of registration of the corresponding notarial action, date and time of its making. The changed data on committed notarial action according to Requirements to contents of the registers of unified information system of notariate approved by the order of the Ministry of Justice of the Russian Federation of 17.06.2014 No. 128 are attached to such message (it is registered by the Ministry of Justice of the Russian Federation 18.06. 2014, registration No. 32711) (further - Requirements to contents of registers of EIS).

32.4. In case of receipt of the message on change of earlier directed data the authorized employee of Federal notarial chamber shall be convinced before entering of data into the register of notarial actions of EIS that changes concern that notarial action which is specified in the message.";

Paragraph two of Item 35 to exclude 11);

Item 47 to exclude 12);

The heading "Issue of the Registration Certificate of the Notification on Pledge of Personal Estate in the Register of Notifications" to add 13) in Chapter VI with the words "and statements from the register of notifications";

Item 54 to add 14) with the words "in electronic form in the format provided by appendix No. 1 to the Procedure";

To add 15) with Item 54.1 of the following content:

"54.1. The statement from the register of notifications in electronic form signed by the strengthened qualified digital signature of the notary is issued by the notary at the request of the pledger, the pawnbroker or the other person according to Article 103.7 of Bases in electronic form in the format provided by appendix No. 1 to the Procedure.";

"Article 34.4 of Bases" shall be replaced with words 16) in Item 55 of the word "part one of Article 34.4 of Bases";

To add 17) with Items 59 - 61 following content:

"59. If other is not established by Procedure, the data necessary for the notary for check of validity of notarially processed document, are represented without delay in the automated mode by means of EIS on the request sent by the notary through EIS with obligatory specifying in request of data on committed notarial action, including:

registration number of notarial action in the register for registration of notarial actions;

number(s) of the form(s) of the single sample used for making of notarial action (in the presence);

dates of making of notarial action;

type of notarial action;

the information about the notary or the official who made notarial action according to the subitem 8 of Item 3 ("in" and "") Requirements to contents of registers of EIS;

marks about need of provision of electronic image of notarially processed document - for cases, stipulated in Item 35 About.

In response to request data on notarial action, stipulated in Item 3 Requirements to contents of registers of EIS, including electronic image of notarially processed document in cases, stipulated in Item 35 About are represented to the notary if the request contained the corresponding mark.

60. In case of search of the will of the data it are represented to the notary without delay in the automated mode by means of EIS on the request sent by the notary through EIS with obligatory specifying in request:

data on the document confirming the fact of death of person with indication of date of death and number of record of the act of civil status;

surnames, name and middle name (in the presence) testator;

bases of search of the will (open heritable case or address of the interested person).

In case of detection in the register of notarial actions of EIS of data on the certificate, change or cancellation of the will data on the will (wills), their change or cancellation are represented to the notary (number and registration date of notarial action in the register of notarial actions of EIS, the information about person who made notarial action).

61. For making of notarial action the notary has the right to receive from the register of notarial actions of EIS of the data on the marriage agreements signed by person who addressed for making of notarial action, or his testator based on the request to EIS containing:

data on the party of the marriage agreement: surname, name, middle name (in the presence);

birth date of the specified agreement party.

In case of detection information on request are provided to the notary in the register:

registration number of notarial action in the register for registration of notarial actions;

number(s) of the form(s) of the single sample used for making of notarial action (in the presence);

date of the certificate of the marriage agreement, changes and amendments in it;

information about the notary or the official who made notarial action according to paragraphs "in" and "" of the subitem 8 of Item 3 of Requirements to contents of registers of EIS;

content of notarial action.";

18) in appendix No. 1 "Formats of the electronic documents used when maintaining registers of EIS":

a) the paragraph one to consider Item 1;

b) add with Items 2 and 3 of the following content:

"2. Body in which the official who certified the will or the power of attorney works data on the certificate or cancellation of the will or the power of attorney in electronic form in the form of the XML file signed by the strengthened qualified digital signature of the official in the PKCS#7 format go to notarial chamber of the subject of the Russian Federation (the separated digital signature in the coding DER).

The consular establishment of the Russian Federation sends data on the certificate or cancellation of the will or the power of attorney through the Ministry of Foreign Affairs of the Russian Federation to Federal notarial chamber in electronic form in the form of the XML file signed by the strengthened qualified digital signature of the official in the PKCS#7 format (the separated digital signature in the coding DER).

3. The specified files shall correspond to the established format - the XML scheme placed to the address specified on the official site of the operator of EIS (www.notariat.ru).";

c) consider paragraph two item 4;

d) in item 4 of the word "The Registration Certificate of the Notification on Pledge Is Granted" shall be replaced with words "The registration certificate of the notification on pledge and the statement from the register of notifications on pledge are issued";

e) add with Item 5 of the following content:

"5. For the forming issued by the notary according to item 4 of these formats of electronic documents in printing representation or in legible electronic form of other format and verification of the digital signature the public service placed to the address specified on the official site of the operator of EIS (www.notariat.ru) can be used.";

e) third to consider the paragraph Item 6;

g) in Item 6:

shall be replaced with words the words "in the TIFF format (Tagged Image File Format)" "in the PDF format";

the words "300 dpi" shall be replaced with words "200 dpi";

exclude the words "with compression of LZW (Lempel-Ziv-Welch)".

 

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