||Дата: Суббота, 25.03.2017, 05:12 | Сообщение # 1|
|April 27 - Day of Notariat of Russia|
Notary is a public institution engaged in certifying transactions and giving legal force to various documents (wills, powers of attorney, copies of documents, etc.)
Types of notaries in Russia
Notaries of the Latin type
It is believed that the notary of the Latin type carries out preliminary justice, in addition to certifying functions common to the notary.
International Union of Latin Notaries
In 1948, the International Union of Latin Notaries was established in Buenos Aires, renamed the International Union of Notaries in 2005, including the following countries: Albania, Algeria, Andorra, Argentina, Armenia, Belgium, Belarus, Benin, Bulgaria Bolivia, Brazil, Burkina Faso, the Vatican, Hungary, Venezuela, Gabon, Haiti, Guatemala, Guinea, Germany, Honduras, Greece, Georgia, Dominican Republic, Indonesia, Spain, Italy, Cameroon, Canada, People's Republic of China, Colombia, Congo , Costa Rica, Cote d'Ivoire, Cuba Latvia, Lithuania, London (United Kingdom), Louisiana (United States), Luxembourg, Republic of Macedonia, Mali, Malta, Morocco, Mexico, Monaco, Netherlands, Nicaragua, Panama, Paraguay, Peru, Poland, Puerto Rico, Portugal, the Republic of San Marino, Russia, Senegal, Slovakia, Slovenia, Togo, Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland, Uruguay, Venezuela, Zambia, Zambia, Zambia.
Notaries of the Anglo-Saxon type
The Anglo-Saxon legal model is based primarily on judicial precedent, so that the focus is on witness testimony as a means of proof, including in the study of written evidence. A notary in the legal system and notarial, like other written documents, do not play the role assigned to them in the countries of the Latin notary. Therefore, any written documents in the civil process of the countries of common law can be refuted with the help of witnesses. Notaries only perform identification functions (certification of copies, signatures, testimonies under oath, etc.). The main group of professional lawyers in the US are lawyers who do not perform public functions, but are representatives of a particular party. At the same time, confusion of notarial and advocacy functions is permitted.
Certification of fidelity of copies of documents and extracts from them or authenticity of signatures on documents, certify the transaction. "Textbook on social studies (publishing house" Education "2013, edited by LN Bogolyubov and AI Matveeva)"
Execution of hereditary rights
Notaries are actively used for actions related to the design of wills, the transfer of inheritance and the like.
The functions performed by the notary are significantly different:
In the Latin notary, notaries only certify wills, in some cases taking over their storage.
In the Anglo-Saxon notary notary, in addition to the assurance and storage of wills serves as executor.
Mixing the functions of a notary and a lawyer
In some countries, there is a mixture of attorney and notarial functions, for example:
In some of the lands of Germany (Berlin, Bremen, Hesse, Lower Saxony, partly in North Rhine-Westphalia and Schleswig-Holstein)
In a number of German-speaking cantons in Switzerland
Solicitors in England
In 1948, the International Union of Latin Notaries was established in Buenos Aires.
In 2003, China joined the International Union of Latin Notaries.
Notary in Russia
The State Notary in the Russian Federation is a state body that ensures the protection of the rights and legitimate interests of citizens and legal entities through the performance by notaries of notarial acts provided for by legislative acts on behalf of the Russian Federation.
Private notarial chambers have similar functions. Russian legislation establishes the following requirements for the person holding the post of notary:
Citizenship of the Russian Federation.
Reaching the age of 25 years but not older than 75 years
Having an experience of work in the legal profession for at least five years
Passing the qualification exam.
Obtaining a license.
Vesting of the notary with powers (on the recommendation of the bodies of justice).
Oath of the notary, first appointed to the post.
The basic legal provisions governing the activities of the notary in Russia are enshrined in the "Fundamentals of the Legislation of the Russian Federation on the Notary" of 11 February 1993.
State Notary Office
As of 2008, 108 notary public notarial offices were established in the Russian Federation.
In total in the Russian Federation 2171 notarial district is established. Of these, there are 22 notarial districts, where there are also notary public practice posts and notaries working in public notary offices, and 70 notary districts, where notarial activities are performed only by notaries working in public notary offices.
State notaries, as a rule, work in remote regions of the Russian Federation, where the activities of private notaries are unprofitable (Sakhalin Oblast - 1 state notary, Republic of Sakha (Yakutia) - 5, Khabarovsk Territory - 4, Chukotsky Autonomous Okrug - 4, Republic of Bashkortostan - 56, The Republic of Buryatia - 2, the Transbaikalian Territory - 9, the Republic of Tyva - 9, the Republic of Khakassia - 2, the Tyumen Region - 2, the Yamalo-Nenets Autonomous District - 5, the Moscow Region - 2 state notaries).
Performs the same functions as the state, is self-supporting.