Duties and rights of a notary

The notary profession is of great practical legal value. Who do we go to in case we need to certify any documents, legally execute and secure a particular transaction? All this can be done at the notary public, quite a lot of different kinds of duties are entrusted to him, the responsibility of this official is great. What, then, are the rights of a notary? Where are they fixed and what are they? We will answer all these and many other questions.

What is a notary public?

In the minds of many, a notary is a representative of power; in fact, this is not entirely true. This is a highly qualified official. The law entrusts him with the power to perform notarial acts, which are clearly spelled out in the legislation of the Russian Federation. A notary by nature acts as a representative of the interests of citizens, certain categories or associations, and ensures the fulfillment of various kinds of people's needs. For example, a will is nothing more than a piece of paper until it is notarized by a notary. The notary profession is one of the most relevant in the modern world; there are currently no people who would not have encountered the work of this official.

Legal basis of activity

The rights, duties and responsibilities of a notary represent his legal status. Like many professions related to legislation and legal activity, the status of a notary is clearly regulated by a number of laws. Here are some examples of these:

1. The primary document governing the work of a notary is the Constitution of the Russian Federation. One of the main norms of this law is the consolidation of the right to receive qualified legal assistance. This directly relates to notaries, because that's what they do.
2. The law that establishes the "Fundamentals of Russian legislation on notaries." It reflects all the rights of a notary in the Russian Federation, duties, provisions on the notarial chamber, control over the work of notaries and much more.
3. At the level of each region, independent acts are established that regulate the work of notaries.
4. Presidential decrees also relate to the activities of these officials. For example, there is a decree on the use of the coat of arms of Russia in the seals of notaries.
5. Government decisions along with acts of the head of state are a source of rights and obligations of a notary.

Are common

All rights of a notary public, which are regulated by law, can conditionally be divided into two parts. These are general functional and special. The first group includes those rights that are inherent in any person engaged in a certain occupation. On the basis of this type of rights it is impossible to trace the features of work. The general rights of a notary public are reflected in Article 8 of the Fundamentals of Legislation on Notaries. These include the following:

1. A notary who is engaged in private practice has the right to have his own premises in which he will carry out his work.
2. An official has the right to open a bank account or another account in any bank. For example, it could be a currency account.
3. The rights of a notary include the ability to hire, fire employees as an employer.
4. Disposal of income received that was received in any manner prescribed by law.
5. Act in court at any level, as well as in arbitration on his own behalf. The ability to perform any other actions that are not prohibited by law.
6. A notary has the right to use the services of the social security system, as well as medical insurance.

Based on the above, we can conclude that the notary is an official who does not have specific features. This is the essence of general functional rights.

Special

The second group of notary rights is special. They represent the essence of the profession, reflect the characteristics of the work and distinguish this official from others working in the same field. The law describes the following rights of this group:

1. A notary has the right to act in the interests of individuals and legal entities who have turned to him for help or advice. The whole range of notarial acts is established by the legislation of the Russian Federation.
2. To assist in the creation or independently prepare projects of various kinds of transactions, statements or other documents. To make certified copies of documents, make extracts, give explanations on issues of interest to citizens in the field of notaries.
3. Demand and request from individuals or legal entities the information that is needed to complete a transaction or to perform a notarial action.
4. To receive information from the register of legal entities and entrepreneurs, which is necessary to work on a free basis in the form of an electronic document.
5. Submit applications for registration of the rights of certain citizens, organizations for real estate, to the authority conducting cadastral registration.

What are notarial acts?

This is such a system of actions of a notary, which is endowed with legal significance. The implementation of such actions rests solely with the notary public; no one else can replace his work. These actions include:

1. Certificate of transactions. A notary has the right to certify a wide variety of transactions related to both real estate and other property, rights and guarantees of a person.
2. Signature Authentication.
3. Certification of copies of documents.
4. Confirmation of the fact of a person living, if necessary, indicate the specific location of the person.
5. Issuance of a certificate of ownership of all property or a specific share.
6. Accept documents for storage.
7. They put sea protests.
8. Provide evidence in a particular case.
9. They accept money or various securities as a deposit.
10. Act as an intermediary between clients, organizing the transfer of documents or securities.

There are also many other notarial acts, each of which is included both in the rights of a private notary and public.

What is the difference between a private notary and a public notary?

The main difference between the two categories in cost and speed of work performed. If a public notary is a more budgetary option, then a private notary is more expensive. At the same time, the state representative does the work more slowly, due to the load. In addition, if you contact a private notary, you need to remember that he is not entitled to perform notarial acts until a civil liability insurance contract is concluded between you. In this case, the official assumes all property risks in those relations to which the notarial action applies.

However, there is such a list of rights that is inherent in the competence of only a notary public. What are these actions? Here are some of them:

1. In the event of the death of one of the spouses, a notary shall issue a certificate of ownership only at a state institution.
2. A certificate allowing entry into the right of inheritance is issued only by a notary public.
3. A notary public who works on behalf of the state may take measures, if necessary, aimed at protecting inherited property.

Obligations related to the rules of notarial proceedings

This group of responsibilities includes:

1. Compliance with the rules for the production of notarial acts, execution of all documents as required by law.
2. Contain an archive that contains confidential customer information. Provide security, secrecy of data processing.
3. Insurance of your work. This applies to private organizations, as mentioned above.
4. To conduct production in Russian.
5. Have a personal seal, which depicts the coat of arms of Russia.

Customer Responsibilities

The specialist is obliged to the persons who applied for his help:

1. To assist in protecting the rights or interests of citizens, but not to represent them, this is the work of a lawyer.
2. Explain to clients their rights and obligations on a particular issue.
3. In the event that the action is contrary to the law of Russia, the notary is obliged to refuse to commit it.
4. Talk about the consequences of a transaction, explain the essence of the action in plain language.
5. Keep secret the information that became known during the implementation of their activities.

Obligations related to the notarial chamber

Each notary is a member of the notarial chamber, in connection with which he has such responsibility as:

1. Fulfill the obligation to pay contributions to the chamber, other payments, take an active part in solving organizational issues.
2. Provide reports on notarial actions taken, add personal clarifications on issues of professional ethics.
3. Provide documents relating to the economic and financial activities of a notary.

Each notary public, whether public or private, must be a member of the notary chamber. Otherwise, he will not be able to legally organize his work.

Responsibilities related to financial activities

As mentioned earlier, an employee must provide documents to a notary chamber about such a field of work as financial and economic. During its implementation, the official also has some responsibilities:

1. In the event that the notary is an employer, then with respect to subordinates, he must comply with labor law, pay salaries and comply with other labor guarantees.
2. Keep records of your work in tax returns that you must regularly submit to the tax authorities.

Responsibilities for authorities

This area of ​​responsibility is quite general, because it is inherent in any person involved in entrepreneurship. This type of responsibility includes the following actions:

1. Pay taxes and fees regularly, as established by law.
2. Provide information that constitutes notarial confidentiality to the extent permitted by law.
3. Provide documents to the tax authorities on the value of property that becomes the property of citizens on the basis of inheritance or gift. This is done so that the tax authorities calculate the amount of tax.

Protection of the rights of notaries

A whole range of rights and obligations has been described above, but the question arises as to whether a notary has the right to protect his rights. If so, how is this happening? Of course, one of the categories of duties of this person relating to the notarial chamber is a kind of guarantor of protection of rights.

At the level of the Russian Federation there is a federal notarial chamber, to which the chambers operating within the framework of each separate region of Russia are subordinate. The main purpose is:

1. Protection of the rights of notaries - professional, social and others.
2. Coordination of the activities of notaries both public and private.
3. Representation of interests of notaries and notarial chambers in various authorities.
4. Providing advanced training for existing employees.
5. Activity insurance.

The main task of the Federal Chamber of Notaries is to assist existing specialists, including legal, social, material protection, and improving working conditions. It can be concluded that the enormous range of powers vested in officials is offset by the range of guarantees that the state provides in the person of the notarial chamber. This is probably why this profession is relevant and is popular among graduates of law institutes.