The essence and content of the professional ethics of a notary

In the legal literature one can find different approaches to the definition of the notary professional ethics. The fact is that requirements are set for this person not only as a specialist. The essence and content of the professional ethics of a notary reflects his personal qualities. Such an approach is characteristic of legal professions, whose representatives exercise their functions regardless of whether they act as state officials or the so-called liberal structures.

In 1993, the principles of legislation governing the work of notaries of the Russian Federation were approved in the Russian Federation. Professional ethics is given special attention in this regulatory document.

Authorized Entities

After the adoption of the foundations of the legislation governing the work of notaries, the rules of the Latin notary were approved in the country, as in many other states. This system is characteristic of territories that recognize public and private law, as well as the special power of written evidence.

According to the Code of Professional Ethics of Notaries, in the Russian Federation notarial activities are carried out by persons specially authorized for this. On the one hand, their actions are committed on behalf of the state. At the same time, they exercise public legal powers obtained by virtue of the law. In this regard, they need to follow legal formalities and procedures.

However, according to the rules of the Latin Notary, notaries are not considered public servants. They organize their work on their own and are responsible for the consequences of their actions and violations.

Notary Professional Ethics

Briefly, it can be reduced to several principles. The ethical standards in force today in Russia are based on the postulates established by the Latin Notary. The following commandments were installed in the system:

1. Respect your ministry.
2. Refrain from actions whose correctness is in doubt.
3. Pay tribute to the truth.
4. Act prudently.
5. To study with bias.
6. Consult with honor.
7. Limited by law.
8. Work with dignity.
9. Remember that the mission of a notary public is to resolve disputes between people.

The rules of professional ethics of a notary

Key norms are formulated in the commandments and principles that have been developed over the centuries and proved in practice their impeccability. They are included in the Code of Professional Ethics of Russian notaries and lawyers. These entities operate based on the principles of:

1. Legality.
2. Help.
3. Impartiality.
4. Independence.
5. Honesty and decency.

Consider the features of each of them.

Rule of law

The notary public code of ethics prescribes:

1. Strictly observe the rules of law.
2. To protect the interests of the state, man and society.
3. Facilitate through their actions the establishment of a belief in justice and the law.

Help principle

One of the tasks of a notary public is to clarify the rules of law to citizens and legal entities. In its implementation, he must:

1. To propose legally valid models of expression of will and schemes for exercising the rights of the applied entities.
2. Explain all the risks and benefits, as well as the consequences of each proposed option.
3. Leave the final choice of a particular model to the discretion of the applicant.

Impartiality principle

The following duties of authorized persons are enshrined in the Notary's Code of Professional Ethics:

1. To promote the establishment in society of faith in the objectivity and impartiality of the notarial community and its activities.
2. Not to allow actions in their own interests or in favor of third parties that may raise doubts about the impartiality of the notary’s work, compromise him, harm the dignity, authority, honor of the notary.
3. To act in such a way that the rights and interests of those applying for help take precedence over personal interest.

The following prohibitions follow from the principle of impartiality:

1. Provide subjects who have applied for the help of a notary public with benefits on the basis of kinship, friendships and other personal ties, sympathies, and established relationships.
2. To provide protection (including hidden) in obtaining privileges from one side to another.

Independence principle

The standards of professional ethics of the Russian notary prohibit performing actions under the influence of third parties, including representatives of the authorities. The current Code obliges authorized persons to prevent personal participation in the work of political associations, parties, to avoid involvement in the struggle for power, other political activities that impede the maintenance of a neutral position, independence, and objectivity.

Principles of Decency and Honesty

Based on an analysis of the provisions of the Code, the following standards of professional ethics can be formulated:

1. In the activities of a notary there is no place for rude, disrespectful, unrestrained attitude, low personal and professional culture of speech, absurdities in appearance, asocial, inhuman manifestations.
2. A notary is required to ensure the legal purity of legal relations, evidentiary power, safety and enforceability of certified documents.
3. For persons with whom the authorized person interacts, it is necessary to show courtesy, tact, endurance, personal dignity, correctness. The notary is obliged to create and maintain a favorable moral and psychological atmosphere, to avoid the manifestation of bad habits that can offend the dignity of a person who is negatively perceived by others.
4. Relations with colleagues should be built on the principles of mutual assistance, mutual respect, understanding, benevolent cooperation, trust.

Moral requirements

Guided by the rules of professional ethics, the Russian notary must ensure the exercise of rights and protection of the interests of organizations and individuals who have applied to him. At the same time, he must refuse to perform one or another legally significant action if the requirement of the subject goes beyond the scope of legislative norms.

Assisting the applicants, explaining to them the legal possibilities, the consequences of their implementation is aimed at preventing cases of mercenary use by persons of their legal ignorance and causing consequential harm to themselves and third parties.

The professional ethics of a notary directs him to keep confidential the actions performed, the contents of the documents used for this. The subject must maintain a trusting relationship with the applicant.

The provisions establishing the standards of professional ethics of a notary establish the obligation of an authorized entity to inform persons who have applied to him about the amount of the tariff for a particular notarial act. The rate is determined by industry regulations.

According to the principles of professional ethics, a notary public should not be influenced by third parties or the political situation when committing legally significant actions. He must strictly comply with the requirements of the law, protect the interests of those who apply to him.

Limitations

Guided by law and the principles of professional ethics, a notary should not allow:

1. Violations of the established mode of operation of the notary's office, requirements for the condition and technical equipment of the premises without a good reason.
2. Unreasonable refusal to visit persons who applied for help if the obligation to leave is enshrined in law.
3. Transfer of authority to perform legally significant actions, including those related to the performance of technical work, preparation of documentation, production of copies and originals of paper, to other citizens, except for employees of a notary's office.
4. Absences without good reason in the workplace.
5. Being in a notary's office while intoxicated (toxic, including), smoking while communicating with a client without the consent of the latter, other manifestations of disrespectful, incorrect behavior, other immoral actions in relation to persons with whom an authorized employee interacts as part of his work .

Relations with colleagues

The notary in everyday work activities is obliged to show respect for specialists, including those working in another office. An authorized person must:

1. Be considerate, helpful with colleagues, inform them on all issues that can help them in their work, about possible difficulties and problems, the solution of which requires solidarity.
2. Reliably and promptly respond to requests received from colleagues and related to the activities of the notary's office.
3. To provide assistance, to transfer their experience to younger employees in the framework of professional and corporate solidarity, concern for the authority and prestige of the profession.
4. Take appropriate measures to ensure that other employees comply with legal and ethical requirements.

In relations with colleagues, a notary public is not entitled to:

1. To belittle the professional authority and dignity of other specialists in characterizing their qualifications.
2. Apply unfair competition methods.
3. Monopolize any specific area of ​​notarial activity or any direction of work with applicants, thus hindering the performance of duties by other notaries.
4. Engage in personal advertising, including in the media and the Internet, while referring to honorary degrees, degrees, additional qualifications that are not directly related to the activities of notaries. At the same time, advertising does not recognize indications of the operating mode and location of the office.
5. Attract customers through tariff reductions, unscrupulous promises regarding the order and mode of operation.
6. To speak in the media, to represent in municipal and state bodies, institutions and organizations on behalf of the notary office on professional issues without first obtaining permission from the president or board. The exception is scientific and teaching activities.

The value of moral principles for a notary

Service relationships have a big impact on people's moods. It is in the course of interaction that the climate is formed, without which the existence of the collective is impossible. Normal business relations arise on the basis of responsibility and respect not only for colleagues, but also for clients.

Responsibility implies a mandatory, honest attitude of a person to his activities and spoken words. An optional person causes damage to relationships, creates an atmosphere of indiscipline, irresponsibility. Performing personal, household chores, frequent breaks, idle conversations during office hours reduce efficiency, decompose discipline. At the same time, violation of the business atmosphere cannot be compensated for by either exquisite politeness or courtesy.

The office environment largely depends on the ability to insist on something and at the same time to concede in something. Respect for colleagues is expressed in the ability to take into account their interests and show solidarity.

Responsibilities in relation to the notarial chamber

The notary in his activities should be guided by the requirements of the law, the provisions of the Code of Ethics. In addition, he must comply with the Decree of the Constitutional Court on mandatory membership in the notarial chamber and:

1. Participate in the implementation by the chamber of tasks of a public law nature.
2. Pay contributions and other payments established at the general meeting in a timely manner and in full.
3. Participate in activities aimed at continuing education, training, exchange of experience.
4. To be at the invitation of the management structures of the chamber to consider issues and problems related to performance management.
5. Participate in chamber meetings and other events organized by her.
6. Provide documents, give explanations (written and oral) at the request of management structures within their competence.
7. To transmit statistical reports in accordance with the approved forms, information of a financial and other nature in accordance with the current legislation, the provisions of the charters and governing bodies of the chamber within the prescribed period.

A responsibility

The notary must act in an appropriate manner. Moreover, the fact of membership in an elected or other body of the chamber does not matter. Monitoring the observance of professional ethics by a notary is assigned to the general meeting, board or ethics committee. They have the right to institute a disciplinary offense.

Before considering the materials of the offense by the chamber board, they should be examined by the ethics committee. She analyzes statements, appeals, other documents related to the case. If necessary, the commission may verify the information contained in the materials being studied, require written explanations from the notary. A person in respect of whom a case is open may attend meetings and provide documents. At the same time, his refusal to give explanations cannot serve as a basis for termination or suspension of the commission.

Conclusion

A notary is a profession that combines, to one degree or another, the attributes of different legal specialties.

In the performance of his duties, the subject must adhere to the principle of equal rights of the parties. This means that he needs to take into account and ensure the realization of the rights of all participants. To some extent, the notary public is an attorney.

The most important task of an authorized person is the prevention of disputes in courts and civil violations.

All notary acts take effect immediately and are subject to mandatory implementation. If a dispute arises, its resolution and the upcoming execution of the court order will largely depend on the quality of assistance provided to the parties. In addition, the legislation has a number of requirements, according to which some notarial acts are mandatory and have executive power.