A notary is a public institution engaged in the certification of transactions and giving legal force to various documents (wills, powers of attorney, copies of documents, etc.).
Content
Types of Notaries in Russia
Latin Notary
It is believed that a notary of the Latin type exercises provisional justice , in addition to the general certification functions for a notary.
International Union of Latin Notaries
In 1948, the International Union of Latin Notaries was formed in Buenos Aires , renamed in 2005 as the International Union of Notaries , which currently includes the following countries: Austria, Albania, Algeria, Andorra, Argentina, Armenia, Belgium, Belarus, Benin, Bulgaria , Bolivia, Brazil, Burkina Faso, Vatican, Hungary, Venezuela, Gabon, Haiti, Guatemala, Guinea, Germany, Honduras, Greece, Georgia, Dominican Republic, Indonesia, Spain, Italy, Cameroon, Canada, China, Colombia, Congo , Costa Rica, Cote D'Ivoire, Cuba Latvia, Lithuania, London (United Kingdom), Louisiana (USA), Luxembourg, Republic of Macedonia, Mali, Malta, Morocco, Mexico, Moldova, Monaco, Niger, Netherlands, Nicaragua, Panama, Paraguay, Peru, Poland, Puerto Rico, Portugal, Republic of San Marino, Russia, El Salvador, Senegal, Slovakia, Slovenia, Togo, Turkey, Ukraine, Uruguay, France, Croatia, Central African Republic, Chad, Czech Republic, Chile, Switzerland, Ecuador, Estonia, Japan.
Anglo-Saxon type
The Anglo-Saxon legal model is based mainly on judicial precedent, whereby the main attention is paid to witness testimony as a means of proof, including the study of written evidence. A notary in the legal system and notarial documents, like other written documents, do not play the role assigned to them in the countries of Latin notaries. Therefore, any written documents in the civil process of common law countries can be refuted with the help of witnesses. Notaries only perform certification functions (certification of copies, signatures, affidavits, etc.). The main group of professional lawyers in the USA are lawyers who do not perform public functions, but are representatives of a particular party. In this case, a mixture of notarial and advocate functions is allowed.
Functions
Certification of fidelity of copies of documents and extracts from them or the authenticity of signatures on documents; certification of transactions [1] .
Registration of inheritance rights
The notary is actively used for actions related to the execution of wills , the transfer of inheritance and the like.
The functions performed by a notary differ significantly:
- in Latin notaries, notaries only certify wills, in some cases taking care of their storage.
- in the Anglo-Saxon notary, the notary, in addition to the certification and storage of wills, serves as the executor .
Mixing the functions of a notary and a lawyer
In some countries, a mixture of advocate and notarial functions is allowed [2] , for example:
- in some of the lands of Germany ( Berlin , Bremen , Hesse , Lower Saxony , partly in the North Rhine-Westphalia and Schleswig-Holstein )
- in a number of German-speaking cantons of Switzerland
- solicitors in England
History
- In 1948, the International Union of Latin Notaries was formed in Buenos Aires.
- In 2003, China joined the International Union of Latin Notaries.
Notary in Russia
The notary public in the Russian Federation is a state body that ensures the protection of the rights and legitimate interests of citizens and legal entities by means of notarial acts provided for by legislative acts on behalf of the Russian Federation.
Private notaries have similar functions. Russian law establishes the following requirements for a notary public:
- citizenship of the Russian Federation.
- having reached the age of 25 years, but not older than 75 years
- legal education.
- having a legal experience of at least five years
- passing a qualification exam.
- obtaining a license.
- empowerment of a notary public (on the recommendation of the judiciary).
- oath of a notary, first appointed to the post.
The main legal provisions governing the activities of notaries in Russia are enshrined in the "Fundamentals of the Legislation of the Russian Federation on Notaries" dated February 11, 1993.
Notary public
As of 2008, 108 posts of notaries of state notaries were established in the Russian Federation.
In total, 2171 notarial districts are established in the Russian Federation. Of these, 22 are notarial districts, where at the same time there are positions of notaries engaged in private practice, and notaries working in state notaries, and 70 notaries, where notaries operating only in public notaries carry out notarial activities.
Public notaries, as a rule, work in remote areas of the constituent entities of the Russian Federation, where the activities of private notaries are unprofitable. As of 2010 in Russia there were 55 state notaries and about 7.7 thousand private notaries [3] .
Private Notary
It performs the same functions as the state one, and is self-supporting.
See also
- Notary Day
- Memorial Day for Notaries Victims of Crime and Lawlessness
- Chamber of Notaries
- Executor
Notes
- ↑ Social Studies textbook ( Enlightenment Publishing House 2013, edited by L.N. Bogolyubov and A.I. Matveev) [ specify ]
- ↑ § 2. Notary as a legal profession in the modern world p.2. The main world notary systems. Latin notary // Handbook of a notary. Volume I. Educational-methodical manual. (2nd ed., Rev. And add.) - M .: Publishing house BEK, 2003
- ↑ State notary offices will be closed , Russian Business Newspaper - No. 764 (31) (August 24, 2010). Date of treatment January 17, 2018.
Links
- General links to the notary history electronic library
- Federal Notary Chamber
- Notary information portal - daily updated list of notaries in Russia
- Notary in Russia (translation from German), “German Notary Journal” (Deutsche Notar-Zeitschrift) 2013. No 2. P. 103–119