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It is registered

Ministry of Justice

Russian Federation

On April 23, 2014 No. 32095

ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of April 16, 2014 No. 78

About approval of Rules of notarial clerical work

(as amended on 30-09-2020)

According to Articles 9, 12 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, 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, No. 41, Art. 5531; 2013, 14, of the Art. 1651, No. 51, of the Art. 6699) I order to No.:

1. Approve the enclosed Rules of notarial clerical work.

2. Recognize to invalid:

the order of the Ministry of Justice of the Russian Federation of November 19, 2009 No. 403 "About approval of Rules of notarial clerical work" (it is registered by the Ministry of Justice of the Russian Federation 17.12. 2009, registration No. 15675);

the order of the Ministry of Justice of the Russian Federation of April 8, 2010 No. 81 "About introduction of amendments to the order of the Ministry of Justice of the Russian Federation of 19.11.2009 No. 403" (it is registered by the Ministry of Justice of the Russian Federation 22.04. 2010, registration No. 16977);

the order of the Ministry of Justice of the Russian Federation of November 23, 2010 No. 360 "About introduction of amendments to the order of the Ministry of Justice of the Russian Federation of November 19, 2009 No. 403" (it is registered by the Ministry of Justice of the Russian Federation 01.12. 2010, registration No. 19090).

Minister

A. Konovalov

 

Approved by the Order of the Ministry of Justice of the Russian Federation of April 16, 2014 No. 78

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 11.02.1993 No. 4462-1 (further - Bases), establish single operating procedure with documents of notaries in the Russian Federation, the document transfers which are stored at the notary whose powers stop, to other notary, applications and replacements of seals of notaries, and also procedure of control of execution of rules of notarial clerical work including control of timeliness of entering of data into electronic registers of unified information system of notariate according to the Bases, Requirements to contents of registers of unified information system of notariate approved by the order of the Ministry of Justice of the Russian Federation of 30.09.2020 No. 224 (it is registered by the Ministry of Justice of the Russian Federation 05.10. 2020, registration No. 60208) (further - Requirements), and Procedure for maintaining registers of unified information system of notariate, introduction in them of data, including procedure for correction of the technical mistakes made in such registers, the approved order of the Ministry of Justice of the Russian Federation of 30.09.2020 No. 225 (it is registered by the Ministry of Justice of the Russian Federation 05.10. 2020, registration No. 60214 (further - the Procedure).

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.

Documentation and document flow when making notarial actions electronically by means of notariate unified information system (further also - EIS) is regulated by Requirements, orders of the Ministry of Justice of the Russian Federation of 30.09.2020 No. 225 "About approval of the Procedure for maintaining registers of unified information system of notariate, introduction in them of data, including procedure for correction of the technical mistakes made in such registers" (it is registered by the Ministry of Justice of the Russian Federation 05.10. 2020, registration No. 60214), of 30.09.2020 No. 226 "About approval of forms of registers of registration of notarial actions, notarial certificates, certifying texts on transactions and the witnessed documents and procedure for their registration" (it is registered by the Ministry of Justice of the Russian Federation 05.10. 2020, registration No. 60215), of 30.09.2020 No. 227 "About approval of requirements to format of notarially processed document electronically" (it is registered by the Ministry of Justice of the Russian Federation 05.10. 2020, registration No. 60209), of 30.08.2017 No. 156 "About approval of Regulations of the making by notaries of notarial actions establishing information amount, to the necessary notary for making of notarial actions and method of its fixation" (it is registered by the Ministry of Justice of the Russian Federation 06.09. 2017, registration No. 48092), with the changes made by orders of the Ministry of Justice of the Russian Federation of 05.07.2019 No. 134 (it is registered by the Ministry of Justice of the Russian Federation 12.07. 2019, registration No. 55244), of 31.03.2020 No. 79 (it is registered by the Ministry of Justice of the Russian Federation 08.04. 2020, registration No. 58018), of 30.09.2020 No. 222 "About approval of the Order of interaction of notaries with notariate unified information system in case of the certificate of the transaction two and more notaries" (it is registered by the Ministry of Justice of the Russian Federation 05.10. 2020, registration No. 60207), of 30.09.2020 No. 232 "About approval of procedure for the direction of the statement for making of notarial action far off, making of payment of notarial action, including with use of electronic instruments of payment, return to the applicant of payment amount for making of notarial action far off, and also interactions of the applicant or his representative who addressed for making of notarial action far off, and the notary" (it is registered by the Ministry of Justice of the Russian Federation 05.10. 2020, registration No. 60217).

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 which is according to article 68 of the Constitution of the Russian Federation (The Russian Federation Code, 2009, No. 4, the Art. 445) 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, and also in electronic form in cases and procedure, stipulated by the legislation the Russian Federation and Rules.

3. The organization and the correct record keeping, storages, accounting and use of notarial archive documents, and also delivery of notarial archive documents in the relevant archive on permanent storage is provided:

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 private practice, the having the right order to assign record keeping or to charge accomplishment of the separate work types provided by Rules, to one or several employees of notary office within their labor functions. In office of notary public record keeping can be also assigned by the order of territorial authority to one of the workers who are not the notary. In case of assignment of maintaining notarial clerical work on person who is not the notary, correctness of the organization and maintaining notarial clerical work is provided by the notaries specified in Item 3 of Rules.

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 of subjects of the Russian Federation (further - notarial chambers) according to the procedure, established by Chapter XIII of Rules.

Scheduled inspection of execution of Rules is carried out once in four years.

Check of execution Governed the notary who for the first time started implementation of notarial activities, it is carried out in year after investment by its powers the notary.

Execution of Rules can be performed in other terms if the legislation of the subject of the Russian Federation for conducting checks of the organization of work of the notary establishes special terms.

II. Document creation (documentation of notarial activities)

Organizational and administrative documents

6. The notary processes the following organizational and administrative documents which are not concerning documentary registration of notarial action:

the paragraph two is excluded according to the Order of the Ministry of Justice of the Russian Federation of 21.12.2016 No. 297;

orders;

orders.

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

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

name of the notarial district or office of notary public;

position, surname, name, middle name (in the presence) notary;

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

document type (order, order);

name of the document;

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 stating (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 registration of organizational and administrative documents, except for the organizational and administrative documents which are subject to special accounting (for example, orders on staff, orders about substitution of temporarily absent notary).

The magazine of registration of organizational and administrative documents is kept electronically in EIS. Each record of the magazine contains:

1) the registration number consisting of sequence number of the document since the beginning of the year which is written down through hyphen with the capital letter "Р";

2) document date;

3) name and summary of the document;

4) position, surname, name, middle name (in the presence) person which signed the document;

5) nomenclature index of case in which there is document;

6) notes.

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

Registration of details of documents

11. The documents proceeding from the notary, which are not connected with documentary registration of notarial action (the requests, replies to the requests which arrived to the notary; notices, letters of the notary; information messages in notarial chambers; cover sheets to statistic reports; notifications; references and other similar documents), and also resolutions on adjournment of notarial actions are drawn up according to this Chapter.

12. Requests about legal assistance on the questions connected with notarial activities are drawn up according to requirements of international treaties and legislations of the Russian Federation, signed by the notary, the signature of the notary is certified by impress of a seal with reproduction of the State Emblem of the Russian Federation.

13. The documents proceeding from the notary except the documents which are subject to registration in the register of registration of notarial actions contain the following details:

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

b) position, surname, name, middle name (in the presence) the notary with indication of the name of the notarial district or office of notary public;

c) location of notary office;

d) date;

e) registration number;

e) heading to the text (in the presence);

g) text;

h) mark about appendix availability (in the presence);

i) signature of the notary;

j) information about the addressee (in the presence).

The details specified in subitems "a" - "д" this Item, can be located as in the left upper corner of the document, and is longitudinal in any sequence.

If the document is processed with use of the personal form of the notary or the form of office of notary public, then details repeatedly are not specified.

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. 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.

The detail "addressee" is put down in the upper right part of the document (on the form with angular arrangement of details) or on the right under form details (in case of longitudinal arrangement of details of the form). Lines of the detail "addressee" are aligned to the left or centered concerning the longest line.

When addressing the letter to the organization its full or abbreviated name in the Nominative case is specified. When addressing the document in structural division of the organization in the detail "addressee" the name of the organization, below - the name of structural division is specified in the Nominative case.

When addressing the letter the name of the organization, below - in dative case the name of position of the head including the name of structural division, surname, initials is specified to the head of the structural unit in the Nominative case.

When addressing the document are specified to the head (deputy manager) of the organization in dative case the name of position of the head (deputy manager) including the name of the organization and surname, the official's initials.

When addressing the letter its surname and initials, the postal address are specified to physical person (the name of the street, house number, apartments; name of the settlement (city, settlement and another); name of the area; name of the republic, edge, area, autonomous area (area); country name (for the international mailings); postal index).

When sending the letter by e-mail or on fax connection (without redispatching by mail) the postal address is not specified. If necessary the e-mail address (number of the phone/fax) can be specified.

When mailing the document under the detail "Addressee" in brackets it is specified not to all organizations or structural divisions: "(according to the list)".

In one document there shall not be more than four addressees. The word "Copy" before the second, third, fourth addressees is not specified. In case of the bigger number of addressees the list (the sheet, the index) of mailing of the document is constituted, on each document one addressee is specified or the addressee is drawn up generally.

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 7, 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 ("notary", "temporarily performing obligations of the notary"), the personal signature and its disaggregation, for example:

 

   Notary                 (personal signature)                I. O. Familiya

 

   Temporarily performing

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

 

If in the text of the document the position of the acting as the notary is specified completely, in detail the abbreviated name of position "VRIO" can be used.

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 and copies in each appendix. In the presence of several appendices they are numbered, for example:

 

   Appendix: 1. The reference about... on 3 l. in 2 pieces.

               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 05.06.2004 No. 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 incoming documents arriving to the notary who is engaged in private practice or in office of notary public undergo the following processing.

The notary determines correctness of delivery of documents: 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 the statement of lack of documents or other investments in mailings is drawn up (appendix No. 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 (for example: the documents necessary for issue of the certificate on the right to inheritance transferred to the notary before the expiration of six months from the date of opening inheritances, documents for making of protest of the bill of exchange), the acknowledgment receipt of documents the notary (further - the receipt) certified by the signature of the notary and impress of a seal with reproduction of the State Emblem of the Russian Federation is issued to the applicant. Exception constitute registrations accepted on personal reception of an application, being subject and (or) to special accounting.

The receipt is constituted in duplicate, one of which is located to the notary, the second - is handed to the applicant. The receipt can be also drawn up in the form of record on the copy of the relevant document.

Return by the notary of the specified documents to the applicant is made on receipt which is drawn up in the form of the corresponding record on the notary of the copy of the returned authentic document remaining in cases or on the receipt copy which is available in the case of the notary.

22. All electronic documents and paper documents received by the notary and connected with notarial activities irrespective of methods of their delivery are subject to registration. Exception constitute documents, including the electronic, necessary for making of specific notarial action, confirming certain facts or events (for example, the documents of title, documents confirming the fact of the birth, death), and also electronic documents and images of electronic paper documents, displays on papers of information obtained from the state registers, federal information resources, the state registers, EIS.

23. The documents which are subject to registration shall be considered in the magazine of registration of incoming correspondence in day of their receipt, except for the documents specified in Item 25 of Rules.

The magazine of registration of incoming correspondence is kept electronically in EIS. Each record of the magazine contains:

1) the registration number (assigned by the notary sequence number of document registration since the beginning of year);

2) registration date;

3) the date and number specified by the sender (in the presence) the document;

4) surname, name, middle name (in the presence) the citizen or the name of the organization from which the document arrived;

5) name (in the presence) and summary of the document;

6) nomenclature index of case in which the document is placed (for heritable cases number of heritable case is also specified);

7) notes.

The electronic document which arrived to the notary being subject to registration joins record about its logging of registration of incoming correspondence.

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.

The documents accepted on personal acceptance and which are subject to special accounting in the magazine of registration of incoming correspondence are not registered.

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 registration 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 applicant no later than 30 days from the moment of registration 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 (the name of the organization) and the postal address of the applicant to which the answer shall be directed.

If the text of the written address does not give in to reading, the answer to the address is not given what within 7 days from the date of registration of the address it is reported to his author about if its surname (the name of the organization) and the postal address give in to reading.

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