Legal encyclopedia. Letter H

NOTARY

(From the Latin word "scribe", "secretary") is a person who performs notarial acts on behalf of the Russian Federation.

A citizen of the Russian Federation who has a higher legal education who has completed an internship for at least one year at a state notary's office or at a private practice in N. who has passed a qualification exam with a license for notarial activity is appointed to the post of N..

Notarial activities are the right to engage a Russian citizen who has received a license for the right of this activity. Such a license is issued by authorized bodies of justice of the republics within the Russian Federation, the autonomous region, autonomous okrugs, territories, regions, cities of Moscow and St. Petersburg within a month after passing the qualification examination on the basis of the decision of the qualification commission.

A citizen who received a license but did not start working in the office of N. for three years is allowed to hold office only after re-passing the qualification examination. Assistant N. re-examination does not pass.

When performing notarial actions, N. have equal rights and bear the same responsibilities regardless of whether they work in a state notary's office or are engaged in private practice.

N., engaged in private practice, must be a member of the notary chamber. He also has the right to have an office, to open settlement and other accounts in any bank, including currency accounts, to have property and personal non-property rights and duties, to employ and dismiss employees, to dispose of income, to appear in court, to arbitration in his own name and to commit others actions.

N. is impartial and independent in its activities and is guided by the Constitution of the Russian Federation, the Constitutions of the republics within the Russian Federation, the Fundamentals of Legislation of the Russian Federation on the Notary, the legislative acts of the Russian Federation and the republics of the Russian Federation, as well as legal acts of the autonomous regions, autonomous regions, , The cities of Moscow and St. Petersburg, adopted within their competence, as well as international treaties.

N. in the performance of official duties is prohibited to disclose information, to disclose documents that became known to him in connection with the commission of notarial acts, including after the resignation or dismissal.

The office of the N. is established and liquidated by the body of justice jointly with the notary chamber.

The dismissal of an employee who works in a state notary's office is carried out in accordance with the legislation of the Russian Federation and the republics of the Russian Federation on labor, and N., who engages in private practice, resigns at his own discretion or is released from authority on the basis of a court decision to deprive him of his right Notarial activity in the following cases:

1) conviction of him for committing an intentional crime - after the entry into force of the sentence;

2) restrictions on legal capacity or recognition as legally incompetent; 3) at the request of the notary chamber for repeatedly committing disciplinary offenses, violation of the law, as well as in case of impossibility to perform professional duties for health reasons (in the presence of medical opinion) and in other cases.

N. in accordance with the Fundamentals of Legislation of the Russian Federation on the notary has the right: to perform notarial acts in the interests of individuals and legal entities that apply to him; Draw up drafts of transactions, applications and other documents, make copies of documents and extracts from them, as well as provide explanations on matters pertaining to the performance of notarial acts; To demand from individuals and legal entities information and documents necessary for the performance of notarial acts.

N. is obliged to assist individuals and legal entities in the exercise of their rights and the protection of legitimate interests, to explain to them their rights and obligations, to warn about the consequences of committed notarial acts.

N. also must keep secret the information that he became aware of in connection with the implementation of his professional activities. The court may absolve NA from the obligation to preserve secrecy if a criminal case has been brought against him in connection with the commission of a notarial act.

N., who is engaged in private practice, deliberately divulged information about the committed notarial action or committed a notary act contrary to the legislation of the Russian Federation, is obliged by the court's decision to compensate for the damage caused as a result. In other cases, the damage is compensated by N. if it can not be reimbursed in a different order.

N., who works in the state notary's office, in case of performing actions that are contrary to the legislation of the Russian Federation, is liable in accordance with the procedure established by law.

If he did not submit or untimely submitted information to the tax authority, then he can be brought to justice to justice.