ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of June 29, 2015 No. 148

About approval of the Procedure for substitution of temporarily absent notary

According to article 20 of Bases of the legislation of the Russian Federation about 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.:

Approve the enclosed Procedure for substitution of temporarily absent notary.

Approved by Board decision of Federal notarial chamber of the Russian Federation of May 18, 2015 and the Order of the Ministry of Justice of the Russian Federation of June 29, 2015, No. 148

Procedure for substitution of temporarily absent notary

I. General provisions

1.1. The procedure for substitution of temporarily absent notary (further - the Procedure) is determined according to requirements of Article 20 of Bases of the legislation of the Russian Federation about notariate of February 11, 1993 No. 4462-1 (further - Bases) and establishes the bases of substitution of temporarily absent notary, delegation of power of the notary to person replacing it the termination of substitution of temporarily absent notary.

1.2. Substitution of temporarily absent notary represents transfer of its powers on implementation of notarial activities in case of temporary absence of the notary or temporary impossibility of performance it the obligations on reasonable excuse.

The list of reasonable excuses of absence of the notary (further - the list of reasonable excuses) is established by Federal notarial chamber.

1.3. The notarial chamber exercises control of compliance of the reason (reasons) of substitution of temporarily absent notary for the list of reasonable excuses and observance of procedure for delegation of power of the notary on making of notarial actions to person replacing it.

1.4. Territorial authority of the Ministry of Justice of the Russian Federation (further - territorial authority) together with notarial chamber exercise control of observance by the notaries and persons replacing them, the Rules of notarial clerical work approved by the order of the Ministry of Justice of the Russian Federation of 16.04.2014 No. 78 (it is registered by the Ministry of Justice of the Russian Federation 23.04. 2014, registration No. 32095) (further - Rules of notarial clerical work).

1.5. Substitution of temporarily absent notary is performed according to Procedure the assistant notary, in case of impossibility of substitution of temporarily absent notary by the assistant notary - the other person, to relevant requirements of parts one and the second Article 2 of Bases, in the absence of the other person replacing temporarily absent notary - other notary.

1.6. In case of substitution of temporarily absent notary it is forbidden:

simultaneous fulfillment of duties by the notary and person replacing it;

simultaneous fulfillment of duties of temporarily absent notary by two and more persons replacing it;

simultaneous fulfillment of duties of several temporarily absent notaries.

1.7. The basis for substitution of temporarily absent notary is the order of territorial authority on investment of the corresponding person with powers on substitution of temporarily absent notary.

II. Procedure for submission of documents by persons wishing to replace temporarily absent notary

2.1. For investment of the assistant notary with powers on implementation of notarial activities of temporarily absent notary the assistant notary represents to notarial chamber of appropriate subject of the Russian Federation (further - notarial chamber) the following documents:

identity document;

the statement with request for granting of power on implementation of notarial activities of the temporary absent notary with indication of surname, name and middle name of the notary and the notarial district;

written consent of the notary about investment of the assistant notary with powers on implementation of notarial activities in case of temporary absence of the notary;

the diploma about the higher legal education issued by the educational organization having the state accreditation of the higher education;

copy of the employment contract or service record;

the reference from narcological and psychoneurological dispensaries that person wishing to fulfill duties of the notary does not stay at them on the registry in connection with treatment for alcoholism, drug addiction, toxicomania, chronic and long mental disturbances;

the reference from law-enforcement bodies on lack of criminal record;

statement for lack of nationality (citizenship) of foreign state or foreign states.

2.2. For investment of person conforming to requirements of parts one and the second Article 2 of Bases with powers on implementation of notarial activities of temporarily absent notary the specified person submits the following documents to notarial chamber:

identity document;

the statement with request for granting of power on implementation of notarial activities of the temporary absent notary with indication of surname, name and middle name of the notary and the notarial district;

written consent of the notary about investment of person conforming to requirements of parts one and the second Article 2 of Bases, powers on implementation of notarial activities for temporary absence of the notary with indication of term and the reasons of substitution;

the diploma about the higher legal education issued by the educational organization having the state accreditation of the higher education;

the service record or other documents confirming length of service on legal specialty at least five years;

the license for the right of notarial activities or the minutes abstract of the qualification commission confirming passing qualification examination after January 1, 2015;

the reference from narcological and psychoneurological dispensaries that person wishing to fulfill duties of the notary does not stay at them on the registry in connection with treatment for alcoholism, drug addiction, toxicomania, chronic and long mental disturbances;

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