ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of June 6, 2017 No. 97

About approval of the Instruction about procedure for making of notarial actions by heads of local administrations of settlements and specially authorized officers of local self-government of settlements, heads of local administrations of municipal districts and specially authorized officers of local self-government of municipal districts

According to part three of Article 39 of Bases of the legislation of the Russian Federation on notariate of 11.02.1993 No. 4462-1 (Sheet of the Congress of People's Deputies of the Russian Federation and 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 (h 1), Art. 21, No. 27, Art. 3213, No. 41, Art. 4845, No. 43, Art. 5084; 2008, No. 52 (h 1), Art. 6236; 2009, No. 1, Art. 14, Art. 20, No. 29, Art. 3642; 2010, No. 28, Art. 3554; 2011, No. 49 (h 5), Art. 7064, No. 50, Art. 7347; 2012, No. 27, Art. 3587, No. 41, Art. 5531; 2013, No. 14, Art. 1651, No. 51, Art. 6699; 2014, No. 26 (h 1), Art. 3371, No. 30 (h 1), Art. 4268; 2015, No. 1 (h 1), Art. 10, No. 13, Art. 1811, No. 29 (h 1), Art. 4385; 2016, No. 1 (h 1), the Art. 11, No. 27 (h 2), 4293) I order to the Art.:

1. Approve the enclosed Instruction about procedure for making of notarial actions by heads of local administrations of settlements and specially by authorized officers of local self-government of settlements, heads of local administrations of municipal districts and specially authorized officers of local self-government of municipal districts.

2. Recognize invalid:

the order of the Ministry of Justice of the Russian Federation of 27.12.2007 No. 256 "About approval of the Instruction about procedure for making of notarial actions by heads of local administrations of settlements and municipal districts and specially authorized officers of local self-government of settlements and municipal districts" (27.12.2007, registration No. 10832) is registered by the Ministry of Justice of the Russian Federation;

the order of the Ministry of Justice of the Russian Federation of 27.08.2008 No. 182 "About modification of regulatory legal acts of the Ministry of Justice of the Russian Federation" (it is registered by the Ministry of Justice of the Russian Federation 02.09. 2008, registration No. 12214);

the order of the Ministry of Justice of the Russian Federation of 03.08.2009 No. 241 "About introduction of amendments to the order of the Ministry of Justice of the Russian Federation of December 27, 2007 No. 256" (31.08.2009, registration No. 14646) is registered by the Ministry of Justice of the Russian Federation.

Approved by the Order of the Ministry of Justice of the Russian Federation of June 6, 2017 No. 97

The instruction about procedure for making of notarial actions by heads of local administrations of settlements and specially authorized officers of local self-government of settlements, heads of local administrations of municipal districts and specially authorized officers of local self-government of municipal districts

I. General provisions

1. The instruction about procedure for making of notarial actions by heads of local administrations of settlements and specially is developed by authorized officers of local self-government of settlements, heads of local administrations of municipal districts and specially authorized officers of local self-government of municipal districts (further - the Instruction) according to part three of Article 39 of Bases of the legislation of the Russian Federation on notariate of 11.02.1993 No. 4462-1 (further - Bases).

2. The head of local administration of the settlement and specially the authorized officer of local self-government of the settlement or the head of local administration of the municipal district and specially the authorized officer of local self-government of the municipal district (further - officials of local self-government) have the right to make notarial actions if in the settlement or the settlement located in the mezhselenny territory there is no notary (part four of Article 1 of Bases).

The head of the settlement can make notarial actions if charters of the municipal district and settlement which is the administrative center of the municipal district provide formation of local administration of the municipal district to which execution of powers of local administration of the specified settlement is assigned and if in the settlement which is the administrative center of the municipal district, the local administration is not formed (the paragraph third parts 2 of article 34 of the Federal Law of 06.10.2003 No. 131-FZ "About the general principles of the organization of local self-government in the Russian Federation" (The Russian Federation Code, 2003, No. 40, Art. 3822; 2017, No. 1 (h 1), Art. 42).

Information about officials of local self-government goes body in which they work, in territorial authority of the Ministry of Justice of the Russian Federation for accounting according to the procedure and in form, with the approved order of the Ministry of Justice of the Russian Federation of 30.12.2015 No. 324 "About approval of the Procedure and form of accounting of information about heads of local administrations of settlements and the notarial actions which are specially authorized on making officials of local self-government of settlements, about heads of local administrations of municipal districts and the notarial actions which are specially authorized on making officials of local self-government of municipal districts" (it is registered by the Ministry of Justice of the Russian Federation 15.01. 2016, registration No. 40595).

Information on officials of local self-government is placed in the rooms occupied by relevant organ of local self-government and also on the Internet according to requirements of the Federal Law of 09.02.2009 No. 8-FZ "About ensuring access to information on activities of state bodies of local self-government" (The Russian Federation Code, 2009, No. 7, Art. 776; 2016, No. 11, Art. 1493).

3. Officials of local self-government for persons registered at the place of residence or the place of stay in the settlement or the settlement located in the mezhselenny territory make the following notarial actions:

1) is certified by wills;

2) is certified by powers of attorney;

3) take measures for protection of heritable property and in case of need to management of it;

4) witness fidelity of copies of documents and statements from them;

5) witness authenticity of the signature on documents;

6) is certified by the information about persons in cases, stipulated by the legislation the Russian Federation;

7) certify the fact of finding of the citizen in live;

8) certify identity of the sign manual of the visually impaired person living in the territory of the respective settlement or the municipal district with facsimile reproduction of its sign manual;

9) certify the fact of finding of the citizen in certain place;

10) certify identity of the citizen with person represented in the photo;

11) certify time of production of documents;

12) certify equivalence of the electronic document to the paper document;

13) certify equivalence of the paper document to the electronic document (part one of Article 37 of Bases).

By legal acts of the Russian Federation the right to making of other notarial actions (part two of Article 37 of Bases) can be granted to officials of local self-government.

4. When making notarial actions officials of local self-government are guided by the Constitution of the Russian Federation, constitutions (charters) of subjects of the Russian Federation, Bases, the Civil code of the Russian Federation, other regulatory legal acts of the Russian Federation, regulatory legal acts of subjects of the Russian Federation adopted within their competence and also international treaties of the Russian Federation.

5. To officials of local self-government on duty, and also to persons working in local government body it is forbidden to disclose data, to announce documents which became known to them in connection with making of notarial actions including after the termination of the powers or dismissal, except as specified, provided by Bases.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info