Relationships included in the system of notaries are regulated by the basics of notariate. The powers of the organs entering the notary system are different and enshrined in Art. 35-38 Fundamentals on notariate, as well as other legislative acts RF. In full, notaries do notaries. In h. 3 tbsp. 2 The foundations on the notarity are fixed by the equality of notaries, regardless of whether they work in the state notarial office or engaged in private practice. According to this position, the documents decorated them have the same legal force. However, the law delimits the competence of notaries.
A combination of notarial actions performed notarial bodies In accordance with the law, represents the competence of a notariature, which can be distinguished by the subject and territorial.
IN territorial competence The actions performed by notaries within the notarial district, and the actions performed on a certain territory are included.
Subject competence It imposes the delimitation of the activities of notaries for the commission of notarial actions depending on the species of these actions. Here you can allocate general and exceptional competence.
TO common competence All notaries include the commitment of the notarial actions listed in Art. 35 Fundamentals about notariate. This list is not exhaustive, since other notarial acts may also be provided for legislative acts of the Russian Federation. In addition, the notaries are obliged to commit such notarial actions that are not provided for by the legislation of the Russian Federation, if international treaties The commission of these actions relates to the competence of Russian notaries (Part 2 of Art. 109 the foundations of the notarity).
Exceptional competence Belongs to notaries operating in government notarial offices.
If in the settlement or located on the territory of the territory settlement No notary, then, accordingly, the head of the local settlement administration and a specially authorized officer local governments Settlements or head of the local administration of the municipal district and a specially authorized officer of the local government of the municipal district have the right to perform the following notarial actions provided for in Art. 37 Fundamentals for Notary:
- 1) certifying the wills;
- 2) certifying power of attorney;
- 3) take measures to protect the hereditary property and, if necessary, management;
- 4) testify loyalty to copies of documents and extracts from them;
- 5) indicate the authenticity of the signature on documents;
- 6) certify information about persons in cases stipulated by law RF.
- 7) certify the fact of finding a citizen alive;
- 7.1) certify identity own signature disabled victims living in the territory of the relevant settlement or municipal district, with facsimile reproduction of his own signature;
- 8) certify the fact of finding a citizen in a certain place;
- 9) certify the identity of a citizen with a person depicted in the photo;
- 10) certify the time of presentation of documents;
- 11) certify equivalence electronic document paper on paper;
- 12) certify the equivalent to the document on paper electronic document.
Legislative acts of the Russian Federation chapters of local administrations of settlements and specially authorized officials of local government of settlements, heads of local administrations of municipal regions and specially authorized officials of local government municipal districts may be given the right to perform other notarial actions.
Information on the certificate or cancellation of a testament or power of attorney should be sent to the authority in which an official is working, a certificate of testament or power of attorney, in the notarial chamber of the relevant subject of the Russian Federation to make such information in the register of notarial actions of the Unified information system notary. The notary chamber makes such information in the register of notarial actions of the Unified Information System of the Notary within two working days from the date of their receipt.
Notarial actions on behalf of the Russian Federation in the interests russian citizens Officials are committed in foreign countries consular agencies RF.
Consuls are legitimate and authorized representatives of the state, and all documents approved by them must be accepted by all government agencies and institutions.
According to Art. 38 The foundations of the notary officials of the consular agencies of the Russian Federation make the following notarial actions:
- 1) certify transactions other than alienation agreements real Estatelocated on the territory of the Russian Federation;
- 2) take measures to protect the hereditary property;
- 3) indicate loyalty to copies of documents and extracts from them;
- 4) indicate the authenticity of the signature on documents;
- 5) indicate the loyalty to the transfer of documents from one language to another;
- 6) certify the fact of finding a citizen alive;
- 7) certify the fact of finding a citizen in a certain place;
- 8) certify the identity of a citizen with a person shown in the photo;
- 9) certify the time to present documents;
- 10) make marine protests;
- 11) certify information on persons in cases provided for by the legislation of the Russian Federation;
- 12) certify the identity of their own signature of the disabled person in vision with facsimile reproduction of its own signature.
The legislative acts of the Russian Federation may also provide for other notarial actions committed by officials of the consular agencies of the Russian Federation.
Information on the certificate or cancellation of the will or power of attorney should be sent to the Consular Institution of the Russian Federation, in which an officer who has been working for a testament or power of attorney, through the federal body executive powercarrying out functions for developing and implementing public Policy and regulatory regulation in the field international relations Of the Russian Federation, in FNP to make such information in the register of notarial actions of the Unified Information System of the Notary. FNP makes such information in the register of notarial actions of the unified information system of the notary within two working days from the date of their receipt.
Comparison of the powers of officials endowed with current legislation to the right to make notarial actions, it clearly shows how wider than the representatives of consular institutions. This is an objective explanation: Russian citizens who are abroad in long-term missions, training, in tourist trips, etc., is not able to refer to the notary, therefore, broad powers in the commission of notarial actions are delegated to the state officials of consular agencies of the Russian Federation.
The procedure for the commission of notarial actions by notaries is established by the foundations on the notary and other legislative acts of the Russian Federation and the subjects of the Russian Federation.
The procedure for the commission of notarial actions by officials of consular institutions is established by legislative acts of the Russian Federation.
The procedure for committing notarial actions by the heads of local administrations of settlements and specially authorized officials of the local self-government of settlements, heads of local administrations of municipal regions and specially authorized officials of the local government of municipal regions are established by the instructions on the procedure for the commission of notarial actions by the heads of local administrations of settlements and municipal districts and specially authorized officials local self-government of settlements and municipal regions approved by the order of the Ministry of Justice of Russia dated December 27, 2007 No. 256.
In accordance with paragraph 3 of Part 1 of Article 14.1, part 2 of Article 15 Federal Law from 06.10.2003 No. 131-FZ "On general principles Local Government Organizations in the Russian Federation "The local governments of the settlement have the right to commit notarial actions stipulated by law, in the absence of a local area in the settlement. Local governments of the municipal district have all the rights and powers of local government agencies in the interior territories.
According to Articles 1 and 37 of the Fundamentals of the Russian Federation on the notary of 11.02.1993 No. 4462-1 (hereinafter referred to as the basis of the legislation on the notary), as well as the instructions on the procedure for the commission of notarial actions by the heads of local administrations of settlements and specially authorized local governments approved by order Ministry of Justice of Russia dated 27.12.2007 No. 256 (hereinafter - the instruction) in case there is no notary in the settlement or located at the interior territory in the settlement, respectively, the head of the local settlement administration and a specially authorized official of the local government of the settlement or the head of the local administration of the municipal district and specifically The authorized official of the local government of the municipal district (hereinafter referred to as officials of local self-government) have the right to perform the following notarial actions:
1) certifying the wills;
2) certifying power of attorney;
3) take measures to protect the hereditary property and, if necessary, measures to manage it;
4) testify loyalty to copies of documents and extracts from them;
5) testify the authenticity of the signature on documents.
For the commission of notarial actions by officials of local self-government, as well as notaries, the state duty (for the commission of notarial actions, for which the legislation of the Russian Federation provides a mandatory notarial form in accordance with Tax Code Of the Russian Federation (part two) of 05.08.2000 No. 117-ФЗ or a notarial tariff (for the commission for which the legislation of the Russian Federation does not provide a mandatory notarial form) in accordance with the principles of the legislation on the notary.
Notarial office work is conducted by officials of local self-government in the language provided by the legislation of the Russian Federation, the republics as part of the Russian Federation, the Autonomous Region and autonomous districts. If the person appealed for the execution of a notarial action does not own the language on which the notarial office work is carried out, the texts of the issued documents must be translated by a notary or translator.
When performing notarial actions, local government officials are obliged to comply with the mystery of the notarial actions committed, and therefore, it is forbidden to disclose information, to announce documents that have become known to them in connection with the commission of notarial actions.
When performing a notarial action by the official person of local self-government, the documents of the specified person and the prints of the local administration of the settlement or the municipal district depicting the state coat of arms of the Russian Federation are afforded.
According to clause 2 of the instructions, the decision to impose on officials of the local self-government responsibilities for the commission of notarial actions should be brought, including to territorial body Ministry of Justice of Russia. On the basis of the information provided by the management of the Ministry of Justice of Russia in the Trans-Baikal Territory (hereinafter referred to as the Office), the register of officials of the local government of the Trans-Baikal Territory authorized to perform notarial actions are formed. To date, the total number of officials performing notarial actions in the territory of the Trans-Baikal Territory is 452 people. In 2009, more than 25928 notarial actions were committed in the territory of the Trans-Baikal Territory of local governments.
Practice shows that the positive result of endowment of local self-government bodies of municipal districts and settlements to the right to perform certain types of notarial actions provided for in Article 37 of the Fundamentals of the notary legislation is the timely provision of notarial services to rural residents who are no longer necessary to travel beyond their settlement to notary.
At the same time, along with a positive point of the implementation of Article 37 of the Fundamentals of Legislation on the notary authorities of the local governments of municipal districts and settlements, violations of current legislation are allowed. Thus, the generalization of information coming from local authorities of the region allows us to conclude that there are no individualized premises in most settlements to make notarial actions, storing the archive of notarial documents and the expectations of citizens' reception, which does not comply with the requirements for preserving the secrets of the commission of notarial actions.
In addition, according to the analysis by the officials of local self-government authorized for committing separate species Notarial actions, the following violations of the current legislation are allowed:
A testimony of loyalty to copies of documents are committed without presenting genuine documents. So, for example, a specialist of the administration of a rural settlement "Aliance" of the Sretensky district at a certificate of loyalty, a copy of the birth certificate, a copy of the replica with a copy this documentobtained by facsimile. According to clause 55 of the instructions on the procedure for the commission of notarial actions by the heads of local administrations of settlements and specially authorized officials of the local self-government of settlements, approved by the order of the Ministry of Justice of Russia dated December 27, 2007 No. 256, a test copy of the document merges with the original document.
Certificate inscriptions on the issued documents do not comply with the requirements of the order of the Ministry of Justice of Russia dated April 10, 2002 No. 99 "On approval of registry forms for registration of notarial actions, notarial evidence and certificate inscriptions on transactions and evidence of documents" (hereinafter - the order of the Ministry of Justice of April 10, 2002 No. 99) So, a certificate inscription on testifying loyalty to a copy of the document committed by the Sretensky District of the Aldensky District Administration of the Sretensky district was committed in violation of the requirements of the Ministry of Justice of April 10, 2002 No. 99. Certificate inscriptions on testifying loyalty to a copy of the document, to testify the authentication of the signature committed by the Administration Specialist The rural settlement "Solovyovskoye" of the Borzinsky district does not comply with the requirements of clause 17 of the instructions in terms of the notarial notarial action indication.
The size is challenged state duty Does not correspond to the size established by federal legislation. For example, a specialist of the Aliana region of the Sretensky district for a certificate of loyalty of a copy of one page of the document is charged with a state duty in the amount of 100 rubles. Based on Part 3 of Article 22, subparagraph 9 of paragraph 1 of Article 22.1 of the Founded of the Legislation on the notarity for the testimony of loyalty of copies of documents, as for the accomplishment, for which the legislation of the Russian Federation does not provide for a mandatory notarial form, the notarial tariff is determined in the amount of 10 rubles per page of the copy documents.
According to the management, these disadvantages are related to the lack of legislation requirements vocational education specified persons, as well as the lack of control over the commission of notarial actions, with the exception of the judicial.
In the implementation of notarial actions as a result of the absence of special training from specialists municipalities There are problems associated with:
Drawing up testaments, powers of attorney;
By providing benefits to pay the state duty for the commission of notarial actions.
In the absence of branches of banks in settlements, the problem arises the problem of the timely payment of state duty for the commission of notarial actions.
Management, performing functions on control and supervision in the field of notaries, for its part takes certain measures to train officials of local governments that carry out notarial actions. So, management together with the notary chamber of the Trans-Baikal Territory is held classes with officials of local governments to study regulatory baseConsultations are given on issues arising from the implementation of certain types of notarial actions. In order to provide practical help Officials of local self-government management prepared and provided by the heads of municipal regions of the region information material on the commission of certain types of notarial actions (orders of the Ministry of Justice of Russia, guidelines, approved by the Board of the Federal Notary Chamber, the provisions of the main regulatory legal acts on the implementation of authority to commit notarial actions by these persons).
specialist - Expert A.A. Spacked
Replied to the lawyer - Queen S.O.:
Hello Olga!
Currently there is an order of the Ministry of Justice of Russia from 06.06.2017 N 97 "On approval of the Instruction on the procedure for the commission of notarial actions by the heads of local administrations of settlements and specially authorized owners of local self-government of settlements, heads of local administrations of municipal regions and specially authorized local government officials of municipal regions" which states that the head of the local settlement administration and a specially authorized official of the local government of the settlement or the head of the local administration of the municipal district and a specially authorized official of the local government of the municipal district (hereinafter referred to as officials of local self-government) have the right to perform notarial actions in case In the settlement or located at the interface in the village there is no notary (part of the fourth article 1 of the basics).
Notary actions committed by the heads of local administrations are following, they:
1) certify the wills;
2) certify power of attorney;
3) take measures to protect the hereditary property and, if necessary, managing them;
4) indicate loyalty to copies of documents and extracts from them;
5) indicate the authenticity of the signature on the documents;
6) certify information on persons in cases stipulated by the legislation of the Russian Federation;
7) certify the fact of finding a citizen alive;
8) certify the identity of the person's own signature for the vision of the vision living in the territory of the relevant settlement or the municipal district, with the facsimile reproduction of its own signature;
9) certify the fact of finding a citizen in a certain place;
10) certify the identity of a citizen with a person depicted in the photo;
11) certify the time of presentation of documents;
12) certify the equivalent to the electronic document document on paper;
13) certify the equivalent to the document on paper electronic document (part of the first article 37 of the foundations).
Legislative acts of the Russian Federation, local government officials may be given the right to perform other notarial actions (part of the second article 37 of the foundations).
Certificates about the will are issued only after the death of the testator when submitting a death certificate.
Thus, the testament certified by the head of the local settlement is equal to the notarized. However, the legality of such a document requires verification. First of all, it is necessary to make sure whether the local government has possessed the right to certify the testament, whether there is no notary and responsibilities for the commission of notarial actions in this country are assigned to the employee of the local government. Then check if the will certified there and does it mean to all necessary requirements. It should also be paid to the signature of the testament, and the composition of the property, a pretty neighbor is described correctly.
If there are doubts about the reliability of such a testament, please contact a lawsuit for the invalidation court. Information about the notarial actions may be collected at the request of the Court.
Our lawyers are ready to assist you in protecting your ability to challenge the will, certified in the rural administration, please try to help.
To persons who have the right to make notarial actions, relate :
- notaries operating in the state notarization office;
- notaries engaged in private practice (for example, notary in Yekaterinburg);
- officials of local self-government bodies endowed with the right of notarial actions;
- officials of consular institutions;
- other officials who in exceptional cases can perform separate notarial actions.
Notaries
Art. 1 Fundamentals of the Russian Federation on the notarity of February 11, 1993 N 4462-I It establishes that notarial actions in the Russian Federation are committed in accordance with these basics notaries
- working in the state notarization office or
- private practice.
They have equal rights and duties decorated with them notarial documents have the same legal force.
However, art. 36 basics determines that to exceptional competence Notaries working in state notarial offices refer
- issuance of a certificate of inheritance;
- taking action to protect the hereditary property.
In the absence of a state notary office in the notarial district, the commission of these notarial actions is entrusted to the joint decision of the territorial body of the federal executive body, which implements the law enforcement functions and functions to control and oversight in the field of notaries, and the notarial chamber to one of the notaries engaged in private practice.
Notary engaged in private practice should be a member of the notary chamber.
The procedure for the commission of notarial actions by notaries is established by the foundations and other legislative acts of the Russian Federation and the constituent entities of the Russian Federation.
Local government officials
See the instructions on the procedure for the commission of notarial actions by the heads of local administrations of settlements and municipal regions and specially authorized officials of the local self-government of settlements and municipal regions, approved by the Order of the Ministry of Justice of the Russian Federation of December 27, 2007 N 256.
The foundations establishes thatin the event that there is no notary in the settlement or located at the Interior Territory of the village, respectively :
- certifying wills;
- certify power of attorney;
- take measures and if necessary, management;
- testify loyalty to copies of documents and extracts from them;
- testify signature authenticity on documents;
- certify persons information In cases provided for by the legislation of the Russian Federation;
- certify the fact of stay alive;
- certify identity of the person's own signature disabledliving in the territory of the relevant settlement or municipal district, with facsimile reproduction of his own signature;
- certify the fact of finding a citizen in a certain place;
- certify identity Citizen with the face shown in the photo;
- certify;
- certify the equivalent to the electronic document document on paper;
- make sure the equivalent document on paper electronic document.
Legislative acts of the Russian Federation heads of local administrations of settlements and specially authorized officials of local self-government of settlements, heads of local administrations of municipal regions and specially authorized officials of local government of municipal districts may be given the right to perform other notarial actions.
Consular Office Officials
Notarial actions on behalf of the Russian Federation in other states commit officers Consular agencies of the Russian Federation authorized to commit these actions.
Art. 38 basics establishes thatofficials of consular agencies of the Russian Federation perform the following notarial actions:
- certify transactionsexcept the contracts for the alienation of real estate located in the territory of the Russian Federation;
- take action by K. protection of hereditary property;
- testify the loyalty of copies of documents and extracts from them;
- indicate signature authenticity on documents;
- indicate loyalty to translate documents from one language to another;
- certify the fact of finding a citizen alive;
- certify the fact of finding a citizen in a certain place;
- make sure the identity of a citizen with the face shown in the photo;
- certify Document presentation time;
- marine protests;
- certify information on persons in cases stipulated by the legislation of the Russian Federation;
- make sure the identity of the personnel of the disabled person with the facsimile reproduction of its own signature.
Legislative acts of the Russian Federation may also provide for other notarial actions committed by officials of consular agencies of the Russian Federation.
More details
Information on the certificate or cancellation of the will or power of attorney should be sent to the Consular Institution of the Russian Federation, in which an official who has been working as a testament or power of attorney, through the federal executive body, performing functions to develop and implement state policies and regulatory legal regulation in the field of international relations Of the Russian Federation, to the Federal Notarial Chamber in the form of an electronic document signed by a qualified electronic signature, in the manner approved federal organ Justice, within five working days from the date of the notarial action to make such information into the register of notarial actions of the Unified Notary Information System. The Federal Notary Chamber makes such information in the register of notarial actions of the Unified Information System of the Notary within two working days from the date of their receipt.
The procedure for the commission of notarial actions by officials of consular agencies is established by legislative acts of the Russian Federation (see, for example, the Federal Law of July 5, 2010 N 154-FZ "Consular Charter of the Russian Federation").
Other officials who in exceptional cases can make separate notarial actions
These persons include:
- chief physician of hospitals, their deputies;
- hospital duty officers;
- chiefs of seats of imprisonment;
- captains of ships;
- commanders military units and etc.
Perhaeons of notarial actions for each category of persons are limited by special instructions.
0.5
Article 37. Notarial actions made by heads of local administrations and specially authorized officials of local self-government
(as amended by Federal Law of 25.12.2008 N 281-FZ)
In the event that there is no notary in the settlement or located at the interface in the middle of the territory, respectively, the head of the local administration of the settlement and a specially authorized officer of the local government of the settlement or the head of the local administration of the municipal district and a specially authorized official of the local government of the municipal district have the right to perform the following notarial actions :
1) certifying the wills;
2) certifying power of attorney;
3) take measures to protect the hereditary property and, if necessary, management;
4) testify loyalty to copies of documents and extracts from them;
5) indicate the authenticity of the signature on documents;
6) certify information on persons in cases stipulated by the legislation of the Russian Federation;
(Section 6 introduced by Federal Law of 03.12.2011 N 386-FZ)
7) certify the fact of finding a citizen alive;
(Section 7 introduced by Federal Law of 06/23/2014 N 165-FZ)
7.1) certify the identity of his own signature of the disabled person in the vision living in the territory of the relevant settlement or municipal district, with the facsimile reproduction of his own signature;
(Section 7.1 introduced by Federal Law of July 21, 2014 N 267-FZ)
8) certify the fact of finding a citizen in a certain place;
(paragraph 8 introduced by Federal Law of 06/23/2014 N 165-FZ)
9) certify the identity of a citizen with a person depicted in the photo;
(p. 9 introduced by Federal Law of 06/23/2014 N 165-FZ)
10) certify the time to present documents;
(p. 10 introduced by Federal Law of 06/23/2014 N 165-FZ)
11) certify the equivalent to the electronic document document on paper;
(p. 11 introduced by Federal Law of 06/23/2014 N 165-FZ)
12) certify the equivalent to the document on the paper electronic document.
(p. 12 introduced by Federal Law of 06/23/2014 N 165-FZ)
Legislative acts of the Russian Federation heads of local administrations of settlements and specially authorized officials of local self-government of settlements, heads of local administrations of municipal regions and specially authorized officials of local government of municipal districts may be given the right to perform other notarial actions.
Information about the certificate or cancellation of the will or power of attorney must be sent by the authority in which an official is working, a certificate of will or power of attorney, in the notarial chamber of the relevant subject of the Russian Federation in the form of an electronic document, signed by a qualified electronic signature, in the manner prescribed by the federal authority of the Justice, within five working days From the day of the notarial action to make such information in the register of notarial actions of the Unified Information System of the Notary. The notary chamber makes such information in the register of notarial actions of the Unified Information System of the Notary within two working days from the date of their receipt.
(Part of the third is introduced by federal law of 21.12.2013 N 379-FZ, as amended by Federal Law of December 29, 2014 N 457-FZ).
Order of the Ministry of Justice of the Russian Federation of 06/17/2014 №129
To send documents into a notarial chamber, a CEP is required ( qualified electronic signature).
Our certifying center produces keys electronic signature
to work in the exchange system 
Documents with a notary throughout the Russian Federation. Head of local administrations of all subjects Russian Federationwill be able to send documents signed by our electronic signature In the notarial chamber of his subject. The cost of the certificate is 1900 rub. (excluding the cost of the key storage media electronic signature).
To order the key electronic signature (To work in the document exchange system with a notary), you need to perform the following actions:
1. Download application for your computer. Download.
2. Fill it on your computer and send us xML file. On our mail [Email Protected].
3. Together with the application, send us a signed copy of the application, order On the appointment of an employee for the position, TIN and OGRN (organization), a passport and a reduction of the owner electronic signaturefor operations in the system. These documents can be provided at the place of receipt electronic signature.
4. Pay for the invoice.
5. After receipt of payment to get the key electronic signature(Our manager will contact you and inform you about the readiness of the certificate).