RUSSIAN FEDERATION FEDERAL LAW On introducing amendments to selected pieces of legislation Russian Federation adopted by the State Duma on December 19, 2014 Approved by the Federation Council on December 25, 2014 29.12.2015 N 391-FZ Article 1 Amend the Basics of the Russian Federation's legislation on notaries of 11 February 1993 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 357; Legislative Assembly of the Russian Federation, 2003, N 50, sect. 4855; 2004, N 27, sect. 2711; N 35, sect. 3607; N 45, sect. 4377; 2005, N 27, sect. 2717; 2006, N 27, sect. 2881; 2007, N 1, est. 21; N 27, est. 3213; N 41, est. 4845; N 43, sect. 5084; 2008, N 52, sect. 6236; 2009, N 1, sect. 14, 20; N 29, 100. 3642; 2010, N 28, est. 3554; 2011, N 49, sect. 7064; N 50, sect. 7347; 2012, N 27, est. 3587; 2013, N 14, est. 1651; N 51, est. 6.6699; 2014, N 26, est. 3371; N 30, est. 4268) the following changes: 1) in article 1: (a) Part three, as follows: " The register of notaries and persons who have passed the qualifying examination (hereinafter referred to as the notary public) shall be maintained by the federal authority The executive power in the field of justice (hereinafter referred to as the federal authority) is in accordance with the procedure established by it. The information contained in the register of notaries, except for information that is restricted to federal laws, is publicly available and is posted on the official website of the Federal Justice Office in the information and telecommunications network The Internet. Within two working days after the date of the application of the person on the register of the notaries, at the request of that person, the territorial body of the federal authority (hereinafter-the territorial body of justice) issues a statement from the register of notaries containing information on the delivery of the qualifying examination and (or) the appointment of his or her as notary public. "; b) part four, supplemented by the words" which are sent to the territorial jurisdiction to take account of the form and in the manner in which established by the Federal Law Office "; 2) Article 2, set out in The following wording: " Article 2. Notary in the Russian Federation Notary in the Russian Federation may be a citizen of the Russian Federation: 1) who has acquired a higher legal education in a state The accreditation of the Higher Education Educational Organization; 2) with a legal career of at least five years; 3) who has reached the age of twenty-five years, but not more than seventy-five years; 4) a qualifying examination. Notary in the Russian Federation cannot be a person: 1) having citizenship of a foreign state or foreign states, unless otherwise provided by the international treaty of the Russian Federation; (2) recognized incapacitated or restricted in legal capacity by a court decision that has become enforceable; (3) is a treatment for alcoholism, drug addiction and addiction treatment. Substance abuse, chronic and prolonged mental disorders; (4) Convicted to the punishment, excluding the possibility of performing the duties of a notary who has entered into legal force a court sentence, and also in the case of the existence of a criminal record, not withdrawn or liquidated in accordance with federal law Intentional crime; 5) submivious documents or knowingly providing false information for the appointment of a notary; 6), previously released from the authority of a notary, on the basis of a court decision on the deprivation of the right notarial activities on the basis laid down by the present Basics, including In connection with repeated commission of disciplinary offences or violation of the law (except in cases of resignation of a notary because of inability to perform professional duties on health). In the notary, notaries working in public notaries and private practice have equal rights and have the same obligations. Documents formed by notaries have the same legal force. Notary, which deals with private practice, should be a member of the notary's House of the Russian Federation, in whose territory it performs notarial activity. "; 4) add the following article 3-1: " Article 3-1. The qualification examination for the Russian Federation shall be given the right to engage in the qualifying examination in accordance with these Principles. This requirement shall not apply to the officials referred to in article 1, paragraphs 4 and 5, of these Principles. The Decision on admission to the Qualification Examination of Persons wishing to pass the qualifying examination shall be taken in accordance with the procedure established by the Federal Law Office in conjunction with the Federal Public Chamber, the Qualification Commission, which is constituted and carries out its activities in accordance with article 4 of the present Principles. The qualifying examination shall be granted to persons who have completed an internship in accordance with the requirements of article 19 of these ODreams. The qualification examination is conducted using the automated information system of the qualification examinations, which provides an automated test of the results of the qualification examination. The requirements for an automated information system for the conduct of qualifying examinations are established by the Federal Chamber of Justice, in consultation with the Federal Law Office. The Automated Information System for the Qualification Examination is an integral part of the unified notaries information system and includes: 1) Remote workstations for delivery qualification examinations; 2) a center for the processing of test tasks and the use of qualification examinations (hereinafter referred to as the processing center). The organization of the design and implementation of the automated information system of the qualifying examinations is carried out by the Federal Public Chamber and includes: 1) the development of a special Software for the performance of the qualifying examination for remote workstations in real time using public communication networks, which includes a storage system and a collection of test cases for each contender for the center of processing equipment; 2) advise the qualification commissions on the use of special software, its implementation and escort. List of issues proposed in the qualification examination using the automated information system of the qualification examinations and to be posted on the website of the Federal Justice Authority in Internet and the website of the Federal Notary Chamber of the Internet Information and Telecommunications Network, the conduct of the qualifying examination using an automated information system Qualification examinations are approved by the federal justice system in conjunction with the Federal Notary Chamber. Details of the persons who have passed the qualification examination shall be entered in the register of notaries within ten working days from the day of the qualifying examination. The corresponding entry in the notaries registry is a confirmation of the qualifying examination. A person who has passed the qualifying examination, but who has not been assigned to work as a notary's assistant, or to the replacement of a notary who has not been appointed, or is not appointed to a notary within three years of the examination or who has more than five years of work as notary (after resignation), assistant notary or replacement of a temporarily absent notary, is allowed to tender for the post of notary, to work as a notary's assistant or to replace a temporarily absent notary only after the re-entry of the qualifying examination. "; 5) in article 4: (a) of Part One and the Second, as follows: " Qualification of the territorial body of justice is qualified for the organization of the qualifying examination Commission. The Qualification Commission includes representatives of the territorial justice system, representatives of the scientific community, who are represented by the Federal Notary Chamber, and notaries who have legal experience for at least 10 years. Representatives of the federal justice system are entitled to participate in the work of the Qualification Commission. "; b) in part four of the executive authority exercising law enforcement functions and monitoring and oversight functions in the field Notaries, "to replace the word" justice "; in the sixth word" Ministry of Justice of the Russian Federation "to replace the words" by the Federal Law Office "; 6) in article 5: (a) Part Two after the words" official obligations, "add to the replacement of a person who is temporarily absent" a notary, "; b) Part three is supplemented by the words" unless otherwise specified by this article "; 7) paragraph 2 of article 6, paragraph 2, amend to read: " to engage in entrepreneurial and other paid work ". activities, with the exception of teaching, scientific or other creative activity; "; 8), to supplement article 6-1 as follows: " Article 6-1. The code of professional ethics of notaries in the Russian Federation Code of Professional Ethics of Notaries in the Russian Federation sets out the requirements for the professional ethics of a notary and the person's replacement, as well as the notary public. The basis for disciplinary liability of the notary, the procedure for bringing him to disciplinary responsibility and the disciplinary liability of the notary public engaged in private practice and the person's replacement. The notary's disciplinary liability is established only for the guilty acts that led to the violation of the requirements established by the Code of Professional Ethics of Notaries in the Russian Federation. " The Code of Professional Ethics of Notaries in the Russian Federation is adopted by a meeting of representatives of the notary chambers and approved by the federal judicial authority for adoption. The decision to engage a notary public engaged in private practice and the person who replaces it is taken by the notary's chamber of the subject of the Russian Federation and can be appealed to the court. "; 9) Replace the words "the Ministry of Justice of the Russian Federation" with the words "the Ministry of Justice of the Russian Federation" by replacing the words "by the federal authority"; 10) in article 11-1: (a) in Part One of the word "property and used for" "property, for purposes of", to replace the words "notarized" with the word "certified" "notarials"; b) in part two of the word " leased by a notary public engaged in private practice or by a notarial chamber for more than three years and used for the performance of the notarial activity (including archiving "Delete, after the words" such property "to be supplemented with the words" for the purpose of notarial activity (including the archive of the notarized documents), " the document says. or the placing of a notary chamber "; 11) to supplement articles 11 to 2 , to read: " Article 11-2. Notaries ' support of notaries in low-populated and hard-to-reach locations In notaries located in sparsely populated and inaccessible areas, the economic development of which does not allow the notary to carry out The notary's work independently and independently, the material support of the notary is carried out on his petition at the expense of the notary chamber or at the insufficient funds of the notary chamber at the request of the notary chamber and (or) notary, by the Federal Notary Chamber. The Federal Chamber of Notaries determines the procedure and methodology for calculating the amount of material support provided to notaries in sparsely populated and difficult terrain. In the areas referred to in the first part of this article, in the absence of a notary, the citizens shall be provided with a notary's office in the absence of the notaries of notaries who work in other localities or otherwise. notary districts, in accordance with the procedure established by the Federal Notary Chamber. "; 12) in article 12: (a) in Part One of the term" executive authority exercising law enforcement functions and monitoring and oversight functions in The area of notaries, "to replace the word" justice "; b) in the second word "the executive, exercising law enforcement functions and functions of supervision and supervision in the area of notaries", "to replace the word" justice "; in part 6 of the word" Ministry of Justice of the Russian Federation "to replace the words" by the Ministry of Justice of the Russian Federation ". "The federal authority of the justice system"; g) to supplement part 7 of the following content: " The attachment of the powers of a notary to the age of 7 to 5 years shall be carried out without a court decision. The order and terms of the notary's resignation, the competition for appointment to the vacant post are determined by the Federal Law Office in conjunction with the Federal Chamber of Law. "; 13) in Part Four. In article 13, the words "executive authority exercising law enforcement functions and functions of supervision and supervision in the area of notaries" should be replaced by the word "justice"; 14) to chapter II with the addition of articles 14 to 1 as follows: " Article 14-1. The notary's powers of notary are suspended in the case of: 1) the notary's absence from the notary's liability insurance contract or the lack of conformity of the concluded contract with the requirements of the notary The date of the conclusion of such a contract; (2) choosing a measure of restraint in the form of a notary's detention or house arrest until the day of cancellation or expiry of the said preventive measure; 3) suspension of duties in accordance with the rules of procedure of the Criminal procedure before the day of revocation or the expiry of the period of application of the said measure of coercion. The suspension of the notary's powers shall be effected by the court upon the submission of the notary chamber. A copy of the court's definition is sent to a notary, whose powers are suspended, to the notary and the territorial jurisdiction. The authority of the notary shall be renewed automatically from the date of the conclusion of the civil liability insurance contract, which corresponds to the requirements of these Osdreams. A notary who has concluded such a contract is obliged to send a copy to the notary chamber within one working day of the conclusion of such a treaty. The authority of the notary shall be renewed automatically from the date of the decision to cancel the measures of constraint or coercion provided for in paragraph 2 or 3 of Part One of this article, in accordance with the procedure established by the Code of Criminal Procedure. , or the day after the date of expiry of the measure. "; 15), article 17 should read: Article 17. The liability of a notary , a notary who engages in private practice, bears full property responsibility for the damage caused by his or her fault to the property of a national or legal person as a result of a notarial act. Violation of the law, unless otherwise specified by this article. Notary, which deals with private practice, bears full property responsibility for actual damage caused by the wrongful refusal of a notarial act, as well as the disclosure of information about the notary's actions. The damage caused to the property of a citizen or legal entity in the cases referred to in the first and second paragraphs of this article shall be compensated by the indemnity under the civil liability insurance agreement of the notary, or The lack of this insurance compensation is due to the insurance reimbursement under the contract for the civil liability of the notary, concluded by the notary, or in case of insufficient insurance. Inadequacy of the notary, or in case of insufficiency In the case of assets, the compensation fund of the Federal Notary Chamber. Notary, a private practice, is also responsible for the damage caused by his or her employees or by the temporary notary in the performance of their duties Notaries. A notary who engages in private practice has the right to bring a person who has temporarily made his notice, a recourse action in the amount of harm caused by the person's fault, and the notary's personal property has been repaid. " The State, the public authorities are not responsible for the damage caused by actions (inaction) of a notary public engaged in private practice. " The State is responsible for the damage caused by actions (inaction) of a notary who works in the state notary office in accordance with article 1069 of the Civil Code of the Russian Federation. When determining the amount of damage caused by the action (omission) of the notary, the harm caused by the application of the consequences of the invalidity of the transaction, the subject of which was to be assessed, the total amount of the notary's liability in connection with the recognition The invalid transaction may not exceed the value of the value of the Val' s Party (s). Notary is liable for breaches of the Code of Professional Ethics of Notaries in the Russian Federation. "; 16) Part 1 of article 18 should read as follows: " Notary, engaged in private practice, is obliged to conclude a contract or contracts for the civil liability of the notary in the performance of the notarial activity with an insurance organization accredited by the Federal Notary Public The room. The basic requirements of the notary's liability insurance contract are established by this article in the performance of the notary. Additional requirements for the terms of the notary's liability insurance are determined by the Federal Chamber of Notaries. Notaries are not entitled to perform their duties and perform notarial actions without the conclusion of the said civil liability insurance agreement. "; 17) Chapter III, supplementing article 18-1, reading: Article 18-1. Federal notary Fund of the Federal Notary Chamber For compensation payments for damages caused by notaries in the performance of notaries, notaries are obliged by the notary public To participate in the formation of the compensation fund of the Federal Notary Chamber (hereinafter referred to as the compensation fund). The Compensation Fund is a separate property owned by the Federal notary House and is based on contributions from notary chambers of not less than 5% (a) Contribution from the notary chamber charged in accordance with article 32, paragraph 2, of these Principles. The amount of the notary's deductions for the coming year shall be determined by the decision of the meeting of representatives of the notary chambers annually. It is not permitted to release a notary chamber from the obligation to contribute to the compensation fund, including by setting off the requirements of the Federal Notary Chamber. The claim for compensation from the compensation fund is presented to the Federal Notary Chamber by a person in favour of which a decision is made to recover the harm caused by a notary, subject to the following conditions: 1) insufficient funds received in compensation for notary's civil liability insurance contract; (2) insufficient funds received for compensation notarial instrument The civil liability of the notaries of the members of the relevant notary chamber; 3) impossibility of execution of the court decision on compensation of damage caused by the notary, by the notary's personal property. The claim for compensation from the compensation fund should be enclosed: 1) the court's decision to recover from the notary the harm caused to them in a certain amount; 2) proof of payment The insurance organization of the insurance payment under the notary civil liability insurance contract; 3) documents confirming the insurance organization's insurance claim under the collective insurance contract civil liability of notaries; 4) The bailiff's bailiff for the termination of the enforcement proceedings and the return of the executor of the executive document, due to the notary's lack of personal property to which the recovery may be directed. The Federal Public Chamber is required to make a compensation payment not later than sixty days from the date of receipt of the claim, or to issue a compensation claim to the person requesting the payment. The reasons for the rejection in this payment. The Federal Public Chamber shall refuse to pay compensation to the person requesting compensation, if at least one of the following reasons is available: 1) the damage caused by the notary is compensated in The full extent of the insurance payments; (2) the documents set forth in paragraph 5 of this article are not attached to the compensation claim or the information contained therein is unreliable. The Compensatory payment is sent to the account specified in the claim for compensation. The separation of the compensation fund for purposes not covered by this article, including the payment of membership fees or their return to the notary chambers, shall not be permitted. A sum of more than twenty-five per cent of its size per day shall not be paid out of the compensation fund; of the Compensation Fund. The property component of the compensation fund cannot be recovered from the obligations of the Federal Notary Chamber, as well as on the obligations of the notary Chambers, if the said obligations are not related to implementation (a) The purpose of the organization; Disposition of the compensation fund in order to preserve and increase the funds, and their investment is made by the decision of the meeting of the representatives of the notary's Chambers: 1) the managing company on the basis of the agreement of trust " Management of the funds of the compensation fund; 2) by the Federal Chamber of Notaries by placing money in the accounts in Russian credit institutions, including deposits. The selection of the management company is based on an open competition. The compensation fund is allowed to be placed exclusively in: 1) State securities of the Russian Federation; 2) State securities of the constituent entities of the Russian Federation; 3) The bonds of Russian issuers, along with the second and third part of this part of securities; (4) shares of Russian issuers created in the form of public joint-stock companies; 5) mortgage securities, of the Russian Federation In the case of deposits in Russian credit institutions, including deposits in Russian credit institutions, the amount of money in ruble on accounts in Russian credit institutions, including deposits; 7). The governing companies are required to comply with the following restrictions on the allocation of the compensation fund: 1) the compensation fund may be placed in the assets referred to in paragraphs 1 to 5 of Part 14 This article only, if they are in the organized market of securities; (2) the assets referred to in paragraphs 2, 3 and 6 of Part 14 of this article may be combined up to no more than thirty per cent. of the compensation fund; 3) securities of one issuer, for excluding government securities of the Russian Federation, may not be more than five per cent of the compensation fund; (4) the assets referred to in paragraph 1 of part 14 of this article must be at least Twenty per cent of the compensation fund. The composition and structure of the assets of the compensation fund is monitored on a quarterly basis by sending a report to the Federal Notary Chamber. A copy of the report is sent by the managing company to the federal justice system. In the event of the decision to separate the funds of the compensation fund in a separate account, the Federal Notary Chamber will post an annual report on the composition and structure of the property on its website in the Internet Information and Telecommunications Network. component of the compensation fund. The proceeds from the investment of the compensation fund are directed towards the replenishment of the compensation fund, payment of the management company's services, payment of taxes and other payments made in connection with of chapter IV, in the following wording: " Chapter IV. STAGE, NICARAGEAS AND INDICATORS FOR NOTEQUARIES ACTIVITIES. Article 19: Article 19: Article 19 should read as follows: Article 19. The notary's notary may be a citizen of the Russian Federation who has received a higher legal education in the State accreditation of higher education. The training shall be conducted for the purpose of preparing the citizen to take the qualifying examination. The course of the internship is approved by the Federal Law Office in conjunction with the Federal Notary Chamber. The number of trainees is determined annually by a notary, in consultation with the territorial jurisdiction. The Internship shall be held for one year at a notary who is engaged in private practice and has not less than three years of notarial activity. The duration of the internship may be reduced in accordance with the procedure established by the Federal Law Office in conjunction with the Federal Notary Chamber, but may not be less than six months. The { \field { \field { \field { \field { \field { \field { \field { \field { \field } { \field The Notary Chamber shall provide training and supervision to the organization. "; 20) to supplement articles 19 to 1 and 19 to 2 as follows: " Article 19-1. The notary's assistant can be a citizen of the Russian Federation who has passed a qualifying examination and is in conformity with the requirements of article 2, paragraphs 1 and 2, of these dreams (except for the requirement of achievement The age of twenty-five years and the length of service in the legal profession). The rights and duties of the notary's assistant are determined by the present Basics, the labour law and the employment contract between the notary and the notary's assistant. The notary's assistant has the right to participate in the preparation of notarial actions, to draft notarized documents, to provide explanations on the commission of notaries and to perform other legal acts, including those referred to in article 19, paragraph 4, of the present Principles. In the cases and in the order of the present Basics, the notary's assistant replaces the notary who is temporarily absent. The appointment of a notary's assistant in the notary office is carried out in accordance with the procedure established by the Federal Law Office. The appointment of a notary who is engaged in private practice is appointed by a notary, with the consent of the notary chamber. The notary Chamber shall consider the request of the notary and send a reply within five working days from the date of receipt of the appeal. The appointment of a notary's assistant may only be refused if a notary's assistant does not meet the requirements of article 2, paragraphs 1 and 2, of the present Oss (except for the age requirement of 20) 5 years and having worked in the legal profession). The termination of an employment contract with the notary's assistant is based on the grounds provided for by the labour law, as well as on the grounds of termination of the notary's powers in accordance with the present Framework. The employment contract with the notary's assistant must also be terminated by a court decision depriving him of the right to notary, on the grounds and in the manner prescribed in article 12, paragraph 5, of the present Principles. Article 19-2. The notary's notary public, Notary, is entitled to hire workers for whom he/she exercises the rights and duties of the employer. The legal status of employees who perform the work of the notary shall be established by the present Basics, Labor Law and Contracts of Employment with a Notary. The notary independently determines the number of employees needed to secure its activities. An employee with whom an employment contract is concluded, on behalf of a notary, is entitled to collect the necessary information, documents, information, transfer of documents in the framework of procedures of state registration of rights, to receive certificates, and Other documents, draft documents, make records in registers and other documents of a notary, participate in the formation of a notarial archive, carry out other preparatory work and other necessary for the commission of a notarial action Work. The said works cannot be performed under a civil law contract. "; 21) Article 20 should read: " Article 20. The replacement of a notary's absent notary's replacement is the transfer of his authority to make a notary's work in the case of temporary absence of a notary or temporary absence of a notary public. inability to perform their duties for good reason. The list of reasons that are accepted is determined by the Federal Public Chamber. The period of replacement of a temporarily absent notary is estimated in days or hours. The procedure for replacing the notary temporarily absent is determined by the Federal Law Office in cooperation with the Federal Public Chamber. Temporarily absent notary replaces, as a rule, a notary's assistant. If there is a notary's notary, the notary has to determine the procedure for substituting them for their temporary absence. If the notary is unable to replace the notary, or in the absence of a notary, the replacement of a notary may be performed by other relevant parts of the first and second article 2 of these Osnes by a person. The division of such a person with the authority to replace a temporarily absent notary is exercised by the territorial body of justice, in conjunction with the notary chamber, in accordance with the procedure established by the federal organ of justice together with the Federal notary public. The room. It is not permitted to perform the duties of a notary at the same time as a notary public and the person, his temporary replacement, the performance by one person of the duties of two or more temporarily absent notaries or the replacement of a temporarily absent notary by two or more persons, at the same time. Notary, private practice, is obliged to notify a notary public of his absence and/or termination of the employment of citizens for more than five working days. In case of absence of a person acting as a temporarily absent notary, another notary of the same notary agency, upon the proposal of the notary, is empowered by the territorial jurisdiction to perform the notary public of actions requiring the use of a notary's archive of a temporarily absent notary, as well as notary actions, the commission of which is assigned to the exclusive competence of a temporarily absent notary. The notary of another notary county may be given these powers in the manner prescribed by the present Basis for the modification of the activity of a notary. Notaries requiring the use of a notary's notary's tarball may be performed at the place of the notary's notary office. The replacement of a notary by another notary is reflected in the certification writing. "; 22) Article 21 should read: " Article 21. The payment of the work of the replacement temporarily of the absent notary, who is engaged private practice For the performance of the notary's duties, the notary's assistant receives a fee arising from the employment contract or A separate agreement with a notary, another notary who is a notary, a fee that is conditional on the agreement with the notary. "; 23) in part 1, article 22 (1): (a), paragraph 1, amend to read: " 1) for the certificate Transactions subject to alienation of immovable property: spouse, parents, children, grandchildren-3,000 roubles plus 0.2 percent of real estate (transaction amounts), but not more than 50,000 rubles; other persons depending on the amount of the transaction: up to 1 million rubles, inclusive, 3 50,000 rubles ($1,200 to $1,150); and The percentage of the transaction exceeds 10 000 000 rubles and in the case of the alienation of the apartment (s) houses, houses) and plots of land occupied by houses, not more than 100,000 roubles; "; (b) paragraph (4) should read: " (4) for the certification of other transactions subject to evaluation, depending on The sum of the deal is as follows: 50,000 rubles ($1,200,000) in 2011, and in 2011-22.7 billion rubles ($22.7 billion). In excess of 10,000,000 roubles, but not more than 500,000 roubles; "; , paragraph 8, restate: " 8) for the deposit of a notary of money or securities, except in the case referred to in paragraph 8-1 This part, 0.5 per cent of the accepted monetary value or the market value of the securities, but not less than 1000 rubles; "; g) to supplement paragraph 8-1 as follows: " 8-1) for accepting a deposit of a notary. The transaction will amount to 1,500 rubles ($1,5). (d) In 12-1, replace "300" with "600"; e) to supplement paragraph 12-6 as follows: "12-6) to provide evidence-3,000 roubles;"; ) to supplement paragraph 12-7 with the following: "12-7) for the certification of the decision of the legal entity's administration-3,000 roubles for each hour of the notary's presence at the meeting of the relevant authority;"; (b) to add the following paragraph to the paragraph: " When authenticating transactions that are subject to alienation or collateral Real estate with a cadastral value, if the estimate given to this immovable property by the parties (s) of the transaction is lower than its cadastral value, the cadastral value of the real estate is used for the calculation of the tariff. "; (24) Part 4 of article 23 should read as follows: " Money and securities made in a notary's private practice deposit are not a notary's income and do not go into his property. No notary is allowed to be recovered from them. "; 25) in article 24, paragraph 2, the words" obtaining or wishing to obtain a license to a notary "shall be replaced by the words" who have passed the qualifying examination, but not notaries "; 26) in article 26: (a) in part 8 of the word" 50 per cent plus one vote "shall be replaced by" more than 50 per cent of the votes "; b) in part 9 of the word" 50 per cent plus one vote " shall be replaced by With the words "more than 50 percent of the vote"; 27) in article 30: (a) Part Two to supplement the following paragraphs: "shall form and manage the compensation fund; shall implement, as appropriate, compensation payments from the compensation fund."; (b) To supplement the third reading: " The Federal Public Chamber shall establish a social support fund of the Federal Public Chamber (hereinafter referred to as the social support fund) and annually form a social programme support. For this, the notary chambers are required to participate in the formation of the Social Support Fund, which is a separate property belonging to the Federal Notary Chamber, and which is a member of the House of Notary Contributions from the notary chambers of not less than five per cent of the membership fee of the notary's chamber charged in accordance with part two of article 32 of these Osnes. The size of such deductions by the notary chambers for the coming year shall be determined by the decision of the meeting of the representatives of the notary chambers annually. "; 28) in article 31: (a) in part 9 of the word" 50 per cent plus one vote " In the words "more than 50 per cent of the vote"; (b) in part 10 of the word "50 per cent plus one vote" shall be replaced by the words "more than 50 per cent of the votes"; 29) to supplement article 33-1 as follows: " Article 33-1. Control of notarial actions by the local government officials of the Territorial Justice Department, on the basis of information on the existence of a violation of the law of the Russian Federation. Activities in the actions (omissions) of the persons referred to in article 1, paragraph 4 of the present Principles, shall be carried out in accordance with the procedure established by the Federal Law Office. The subject of the review is: 1) the compliance of local governments with the requirements of these ODres when giving local government officials the right to make notaries; 2) organization of work on Notary actions; 3) performance by authorized local government officials of the rules of notarial administration; 4) compliance by authorized officials of local government OF THE PRESIDENT OF THE RUSSIAN FEDERATION of actions. As a result of the inspection, the territorial body of justice is entitled: 1) to grant a local government official who is authorized to perform notarial actions to remove the identified of the Russian Federation; 2) to introduce the Head of the Municipal Education on the termination of the powers of the local government official on the commission of the notarial actions; 3) of a local government official authorized to The commission of notarial actions, recommendations for improving the performance of notarial actions. "; 30) in article 34-1: a) in paragraph 4 of part two of the executive authority exercising control functions and supervision in the area of notaries, "to replace the word" justice "; b) in the sixth word of" executive authority exercising control and supervision in the area of notaries ", replace by the word" justice "; 31) in article 34-2: (a) Part Two of the term "executive authority performing functions" Control and supervision in the area of notaries, "replace by the word" justice "; b) in part three of the term" executive authority exercising control and supervision in the area of notaries, "to replace the word" justice "; 32) in part six Articles 34 to 3 of the words "executive authority exercising control and supervision in the area of notaries" should be replaced by the word "justice"; (33) in article 34-4: (a) in part three of the term " executive authority performing the functions of supervision and oversight in the area of notaries, "replace by the word" justice "; (b) supplement the fifth and sixth parts as follows: " Information contained in the register of notarial actions of a single notary system and necessary for the performance of a notarial act or verification The validity of a notary's document is provided to notaries on their requests submitted through a single information system of notaries, immediately in an automated mode. Information contained in a single information system of notaries, with the exception of information contained in the register of notarial actions of the single information system of notaries, as well as information contained in the register of notifications of a pledge of movable property and shall not be granted free access under Part One of this article may be granted by the Federal Notary Chamber to third parties, including on the contract with third parties. "; 34) in the article 35: a) in the name of the word "private practice" delete; b) in part one: paragraph 22 after "notarial certificates" to add ", executive signs"; to supplement paragraphs 27-29 to read: " 27) issue certificates on the right to inherit; 28) take measures to protect hereditary property; 29) certify the decisions of the legal entities. "; 35) Article 36 to declare void; 36) Part Three Article 37 after the words "of the Russian Federation" to be supplemented by the words " in the form of An electronic document signed by a qualified electronic signature, in accordance with the procedure established by the federal authority, within five working days of the notary action; 37) part three of article 38 " in the form of an electronic document signed by a qualified electronic signature, in the form of an electronic document signed by a federal authority, within five working days from the day of the notary "; 38) in Part 3 of Article 39 "The Ministry of Justice of the Russian Federation" shall be replaced by the words "Federal Law Office"; 39) in article 40 of the figure "36," delete; 40) in article 47, paragraph 2, of the Ministry of Justice of the Russian Federation In the words "Federal Law Office"; in article 51, in article 51, the words "Ministry of Justice of the Russian Federation" should be replaced with the words "by the Federal Law Office in conjunction with the Federal Notary Chamber"; 42) in article 52, paragraph 1 first sentence after "certified transaction" to be supplemented with the words ", ", the second sentence, after the words" may be inserted after "may be supplemented by the word" also "; 43), article 55, as follows:" Article 55. Certification of transactions aimed at alienation or collateral entitled State registration When certifying transactions for disposition or collateral of property, right to which is subject to State registration (art. 8-1 of the Civil Code of the Russian Federation), the notary checks the ownership of the property to the person who is alienating or deferent, except if, in accordance with the transaction, The property is not yet in the possession of the person. "; 44) in article 86: (a) to add a new part of the fourth reading: " Information contained in the statements of individuals and legal entities for information provided by the Federal Act of On 26 October 2002, N 127-FZ "On insolvency (bankruptcy)", in the Single Federal Register of Bankruptcy Information, as well as information provided by Federal Act No. 129-FZ of 8 August 2001 " On State Registration of Legal Persons and individual entrepreneurs ", in the Single Federal Register of Information on The activities of legal entities are transferred to notaries on paper and are entered into the registers by transferring the information on paper to the registers in the registers. The information so posted shall be signed by qualified electronic signature of the notary public. "; b) part four-fifth to fifth-sixth; 45) in article 87: (a) Part one after The words "of the Russian Federation" to be supplemented by the words "as well as the agreement between the debtor and the creditor"; (b) Part Two is supplemented by the words "unless otherwise stipulated by an agreement between the debtor and the creditor"; 46), article 88, "Made contribution," to be supplemented with the words " by agreement between the debtor and a creditor "; 47) in part 6 of article 94-2, the words" Ministry of Justice of the Russian Federation "should be replaced with the words" by the Federal Law Office "; 48) part two of article 102 should be declared void; 49) in the article. 103-1: a) in the fifth word of "executive authority exercising supervisory and oversight functions in the area of notaries," to replace the word "justice"; b) in part six of the word "executive authority performing functions" and supervision in the area of notaries, "replace by the word" justice "; 50) in Part 9 of article 103-2, the words "lack of undue delay" should be replaced by the words "undue delay"; 51) in article 103-7: (a) Part two should be supplemented with the following sentence: " This statement may be issued in the form of an electronic document signed by a qualified notary's electronic signature. "; b) in Part Four of the term" executive authority exercising control and supervision in the area of notaries ", replace by "justice"; 52) in part three of article 103-8 words "the executive authority responsible for supervision and supervision in the area of notaries" should be replaced by the word "justice"; 53) to be supplemented by Chapter XX-3: " Chapter XX-3. { \field { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } Certification of the decision of the management body of the legal person At the request of the person organizing the meeting or meeting of the legal entity's department, in accordance with the law and constituent documents The legal person is present at the meeting or meeting of the legal entity's department and issues a certificate of the decision by the legal entity's authority and the composition of the participants (members) The Conference of the Parties, The notary refuses to certify a decision whose nullity is obvious to the notary at the time of issue of the certificate. The notary to determine whether a decision has been made by the administrative authority checks the legal capacity of a legal person, determines the competence of the entity's management body to take a decision, the presence of a quorum at a meeting or meeting and on the basis of the counting of the votes submitted by the commission or other authorized person to count the votes, the necessary number of votes for the adoption of the decision in accordance with the law and constituent instruments of the legal system. faces. A person who has applied to a notary for the fact of the decision of a legal entity's decision-making, submits the following documents: 1) the constituent documents; 2) the internal legal entity's document, establishing the procedure for holding a meeting or meeting (if any); 3) the decision of the authorized person or the decision of the authority of the legal person to hold a meeting or meeting and to adopt the appropriate agenda; 4) a document confirming the authority of the applicant A person organizing a meeting or meeting, if such authority is not followed from other documents submitted; 5) a document with a list of persons entitled to participate in a meeting or meeting; 6) other The documents necessary for determining the competence of the body of the legal entity and the quorum of the meeting or meeting. In order to confirm the membership (members) of the governing body of the legal entity present in the decision, the notary shall establish their identity, powers and their right to participate in a meeting or meeting. Notarius does not verify the order of the assembly or the meeting of the legal entity. "; 54) in the second article of article 109, the words" the Ministry of Justice of the Russian Federation "shall be replaced by the words" Federal the justice system. " Article 2 Act No. 122-FZ of 21 July 1997 on State registration of real property rights OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3594; 2001, N 16, sect. 1533; 2002, N 15, sect. 1377; 2003, N 24, sect. 2244; 2004, N 27, sect. 2711; N 35, sect. 3607; N 45, sect. 4377; 2005, N 1, st. 22, 40; 2008, N 20, 100. 2251; N 52, sect. 6219; 2009, N 1, sect. 14; N 52, sect. 6410, 6419; 2011, N 23, st. 3269; N 48, sect. 6730; N 49, sect. 7061; N 50, sect. 7347; 2012, N 29, est. 3998; N 31, st. 4322; 2013, N 30, sect. 4083, 4084; N 51, est. 6699; 2014, N 11, st. 1098; N 26, est. 3377; N 48, sect. 6637) the following changes: 1) in article 7, paragraph 3: a) to add a new paragraph 15 to the following: " Details of immovable property rights, information about the content of the law enforcers documents, copies of legal documents, as well as information on the recognition of the right holder incapacitated or limited to legal capacity, are provided upon request of a notary to enable them to perform notarial actions, including for the purposes of a notary's identity card, -executive inscription, the issuance of certificates of inheritance and the right to own property or other notarial actions. A detailed account of the testator's rights to the real estate is provided at the request of the notary in connection with the discovery of the inheritance. If the requests referred to in this paragraph are submitted by a notary in electronic form, the requested information shall be made available electronically in an automated manner immediately, but not later than the following working day after the date of entry. day of the relevant request. "; b) Paragraphs 15 to 19 are considered to be respectively paragraphs 16 to 20; 2) in paragraph 3 of article 13: (a) in the third paragraph of the word" five working days " Replace "three working days"; b) with a paragraph , to read: " State registration of rights on the basis of notarized documents submitted in the form of electronic documents, electronic images of documents and submitted by a notary in electronic form The State registration of rights shall be conducted within one working day following the day of receipt of the documents required for the State registration of rights and the said declaration. ". Article 3 Federal law dated August 8, 2001 N 129-FZ " On State Registration of Legal Persons and Individual Entrepreneurs " 33, sect. 3431; 2003, N 26, est. 2565; 2009, N 1, st. 20; 2010, N 21, sect. 2526; N 31, st. 4196; 2011, N 27, sect. 3880; N 30, est. 4576; N 49, sect. 7061; 2012, N 31, sect. 4322; 2013, N 26, est. 3207; N 30, sect. 4084; N 51, sect. 6.6699; 2014, N 14, est. 1551; N 19, est. 2312; N 30, sect. 4242) the following changes: 1) in article 7-1: (a) paragraph 1 after the words "in accordance with the legislation of the Russian Federation on the State registration of legal entities" should be supplemented by the words "and individual entrepreneurs"; b) in paragraph 2: in the fifth paragraph, the word "selected" should be replaced by "determined by the results of the competition"; , in the sixth paragraph, the word "selection" should be replaced with the words "such selection". replace by "in such a contest"; in) in paragraph 3 of the word "price" In the information and telecommunications network on the Internet, replace the words "payment for their accommodation in the Internet telecommunications network", which can grow at a rate no more than once a year on the consumer growth index (d) Paragraph 5, paragraph 5, should be supplemented with the following paragraph: " Information entered into the Single Federal Register of facts of the activities of legal persons in accordance with paragraph 8 of this article, signed by qualified electronic signature of the notary appropriate notarial action. "; d) in paragraph 8: to add a new paragraph to the second reading: " Information to be entered into the Single Federal Register of Legal Activities persons may be added to it in accordance with the procedure established by article 86 of the Laws of the Russian Federation on Notaries. "; second paragraph to read paragraph 3; e) to supplement paragraph 11 with the following: " 11. The rules set out in this article shall also apply to the inclusion in the Single Federal Register of information about the activities of legal entities with regard to individual entrepreneurs. The registering body for individual entrepreneurs includes records of the State registration of a natural person as an individual entrepreneor, cessation of the activity by a person as an individual individual entrepreneor, taxpayer identification number. Information provided by the "m"-"p" sub-paragraphs of paragraph 7 of this Article in respect of an individual entrepreneu, and notification of termination of an individual activity as an individual entrepreneu shall be submitted to the A single federal register of facts of the activity of legal persons by the natural person acting as an individual entreprenely. "; 2), article 23, paragraph 1, to be supplemented by subparagraphs (c) to (o) , to read: " (c) Failure by a legal person to perform The reorganization of the obligation to notify creditors in accordance with article 7-1 and article 13 (2) of this Federal Law; (t) the non-performance by a legal person in the process of liquidation of the obligation to notify creditors in the According to article 63, paragraph 1, of the Civil Code of the Russian Federation, and to article 7-1 of this Federal Law; (a) failure by a legal person to reduce the statutory (warehousing) capital of the obligation to notify creditors in accordance with the Civil Code of the Russian Federation and with article 7-1 of this Federal Law. ". Article 4 Chapter 55 of the Labour Code of the Russian Federation (Legislative Assembly Russian Federation, 2002, 3; 2004, N 35, sect. 3607; 2006, N 27, sect. 2878; 2008, N 9, sect. 812; 2010, N 52, sect. 7002; 2011, N 1, st. 49; 2012, N 14, est. 1553; N 50, sect. 6954; 2013, N 19, sect. 2329; N 23, st. 2866, 2883; N 27, est. 3477; N 52, sect. 6986; 2014, N 14, est. 1548; N 23, st. 2930) to supplement article 351-4 as follows: " Article 351-4. Additional grounds for termination of the employment contract with a notary's aide In addition to the grounds provided for in this Code, the additional grounds for termination of the employment contract with the notary's assistant may be be established by legislation on notaries. ". Article 5 Article 28 of the Federal Law of 26 October 2002 N 127-FZ "On insolvency (bankruptcy)" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4190; 2008, N 30, sect. 3616; 2009, N 1, stop. 4; 2011, N 1, article 41; N 19 2708; N 30, est. 4576; N 49, sect. 7068; 2013, N 27, sect. 3481; 2014, N 11, est. 1095; N 49, sect. 6914) The following changes: 1) in paragraph 2: (a) in the fifth paragraph, the word "selected" should be replaced by "and determined by the results of the contest"; b) the sixth paragraph should read: "Order of the Order". The holding of a competition for the definition of the operator of the Single Federal Register of Bankruptcy Register is approved by the regulator and should ensure the possibility of participation in such a competition for all persons in accordance with the established regulatory body the criteria for, inter alia, the need for A participant in such a contest of experience in the performance of operator functions or similar functions with regard to the comparable function, operation, quantitative and qualitative characteristics of the processing of the data contained in the databases "(2) In the first paragraph of paragraph 4, the words" the price of their inclusion in the Unified Federal Register of Bankruptcy "shall be replaced by the words" the amount of the payment for inclusion in the Single Federal Register of Bankruptcy Details, which can be increased at no more than once a year by the growth index of the following year "; 3) add to paragraphs 4-1 and 4-2 as follows: " 4-1. The particulars to be included in the Single Federal Register of Bankruptcy are incorporated into it by the arbitral tribunal, provided that the relevant information is not otherwise provided by the Federal Act. Information to be included in the Single Federal Register of Bankruptcy Details may be included in the Register in accordance with article 86 of the Laws of the Russian Federation on notaries. 4-2. A person who, in accordance with this Federal Law, includes information in the Single Federal Register of Bankruptcy, signs information electronically, including relevant information, by electronic signature if of the Russian Federation. The information included in the Single Federal Bankruptcy Register according to paragraph 2 of paragraph 4-1 of this Article shall be signed by a qualified electronic signature of the notary who has included this information. ". Article 6 Article 61 of the Code of Civil Procedure of the Russian Federation (Collection of Russian Federation Law, 2002, N 46, sect. 4532) be supplemented with a fifth reading: " 5. Circumstances, as certified by a notary in the performance of a notary, do not require proof if the authenticity of the notarized document is not disproved in the manner prescribed by Article 186 of this Code or is not established a fundamental breach of the notarial procedure. ". Article 7 Article 3, paragraph 3, of the Federal Law of 28 December 2010 N 429-FZ "On amendments to federal law" "The insolvency (bankruptcy) of Article 4 of the Federal Law" On Amendments to the Federal Law "On Amendments to the Federal Law" On Insolvency (bankruptcy) " (Collection of Laws of the Russian Federation, 2011, N 1, Art. 41; N 19 2708; N 49, sect. 7068), amend to read: " 3. Before handing over responsibility for the establishment and maintenance of the Single Federal Register of Bankruptcy to the Single Federal Register of Bankruptcy Details, selected following the results of the competition in the manner established by the regulator, the function The operator of the Single Federal Register of Bankruptcy is carried out by the organization defined by the regulator. This part of the organization is given the rights and duties of the operator of the Single Federal Register of Bankruptcy Information. ". Article 8 Article 6 (4) of the Federal Law N 228-FZ" On amendments to selected legislative acts of the Russian Federation in terms of the revision of the ways of protecting the rights of creditors while reducing equity capital, changes in requirements for economic societies in the case of OF THE PRESIDENT OF THE RUSSIAN FEDERATION Amend the text as follows: " 4. Before the results of an open competition for the definition of the operator of the Single Federal Register of facts of legal entities ' activities, its formation and maintenance are carried out by the organization with the rights and duties of the Unanimo operator Federal Register of Bankruptcy Details in accordance with this Federal Law. ". Article 9 1. Article 4, paragraph 17, of Federal Law of December 29, 2006, No. 258-FZ "On amendments to certain legislative acts of the Russian Federation in connection with the improvement of the division of powers of the Russian Federation" (Assembly of Russian Laws, 2007, N 1, Art. 21). 2. Article 4, paragraph 2, of the Federal Law of December 29, 2006, No. 258-FZ " On amendments to certain OF THE PRESIDENT OF THE RUSSIAN FEDERATION 21). Article 10 1. Before taking stock of the results of an open competition for the definition of the operator of the Unified Federal Register of facts of legal entities, in accordance with the requirements of the Federal Law dated October 26, 2002. href=" ?docbody= &prevDoc= 102365721&backlink=1 & &nd=102072405 " target="contents"> August 8, 2001 N 129-FZ "On State registration of legal entities and individual entrepreneurs" (in the wording of this Federal Law) and the regulatory legal acts adopted in accordance with them, the regulator, together with an organization with rights and The responsibilities of the operator of the Single Federal Register of Bankruptcy, determines the list of intellectual property objects that are integral parts of the software and hardware complex of the Unified Federal Register of Information on Bankruptcy and United Federal Register of Actualities Legal persons, as well as the procedure and conditions for the transfer of data of objects to the operator of the specified registers, determined by the results of the open competition. Only objects of intellectual property created (acquired) from the federal budget are included in the list. (...) (...) N 391-FZ) 2. Before taking stock of the results of an open competition for the definition of the operator of the Unified Federal Register of Bankruptcy Details and the Single Federal Register of facts of the activity of legal entities, the rights and obligations of the operator of these registers shall be given to the organization carrying out the functions of the operator of the said registries after 1 April 2011. 3. Before taking stock of the results of the open competition for the definition of the operator of the Unified Federal Register of Bankruptcy Details and the Unified Federal Register of Information on the Activities of Legal Persons and the establishment of a federal executive body authorities exercising public policy and regulatory functions in the area of insolvency (bankruptcy), payment for the posting of information in the Internet Information and Telecommunications Network (the amount of submitting information to the Single Federal Register of Bankruptcy Details) application of the fee for the introduction and placement of the said information, which is in force on the date of the entry into force of this Federal Law and may be increased at no more than once a year on the consumer price index for the past year. Article 11 1. This Federal Act shall enter into force on 1 January 2015, with the exception of the provisions for which this article establishes a different time frame for their entry into force. 2. Subparagraph 1 (a), paragraph 3, first to fifth, seventh to sixteenth paragraph 4, article 1, paragraph 44, subparagraphs (g) to (e) of article 3, paragraph 1, of the present Federal Act shall enter into force on 1 July 2015. 3. Paragraph 4 of Article 1 of this Law shall enter into force on 1 January 2017. 4. Until October 1, 2015, the Ministry of Justice of the Russian Federation, together with the Federal Notary Chamber, approves the order and date of resignation of a notary public who has reached the age of 7 to 5 years, as well as the holding of a competition for appointment to the vacant post. 5. The provisions of article 2, paragraph 3, of the Law of the Russian Federation on notaries of notaries of 11 February 1993 The federal law on the establishment of the age limit for the seventy-five years shall be applied after 30 days after the date of entry into force of the Federal Ministry of Justice of the Russian Federation in conjunction with the Federal Law Office of the Russian Federation. the notarial system of the order and terms of addition of the notary's powers, Seventy-five years of age, as well as a competition to be appointed to the post in this case. 6. The Ministry of Justice of the Russian Federation, together with the Federal Chamber of Commerce, approves the procedure for admission to the qualifying examination of persons who want to pass the qualifying examination before July 1, 2015. 7. The procedure of the qualification examination using the automated information system of the qualification examinations is approved by the Ministry of Justice of the Russian Federation in cooperation with the Federal Chamber of Commerce until July 1 2016. 8. Persons who have received a license to notaries until January 1, 2015, before making information about the qualification examination in the register of notaries have the right to confirm the qualification examination of notary's license or (in the event of loss) the certificate of the authority which issued the licence. 9. Persons who passed the qualifying examination for the period from 1 January 2015 to 1 July 2015, prior to the submission of their qualification examination to the register of notaries, have the right to confirm the completion of the qualifying examination The qualification commission to be issued to them no later than ten working days from the day of the qualifying examination. 10. The procedure for maintaining the register of notaries is approved by the Ministry of Justice of the Russian Federation until July 1, 2015. 11. The Ministry of Justice of the Russian Federation shall form and post on its official website the register of notaries of the Russian Federation before July 1, 2015. 12. Until 1 September 2015, the Ministry of Justice of the Russian Federation and its territorial bodies provide information on persons who had previously passed a qualification examination to the register of notaries of the Ministry of Justice of the Russian Federation. The notaries register may be entered in the register of notaries on the basis of previously issued licences for notarial activities. 13. Prior to July 1, 2015, a meeting of representatives of the notary chambers should have decided to make an initial contribution to the compensation fund of the federal notary chamber at the expense of the budget of the Federal Notary Chamber. 14. Formation of the compensation fund of the Federal Chamber of Notaries by the fees of the notary chambers starts on January 1, 2016. 15. The Federal Notary Chamber begins to make compensation payments from the compensation fund of the Federal Notary Chamber on the basis of the provisions of Article 18-1 of the Laws of the Russian Federation on notaries ' dated February 11, 1993 N 4462-I (in the version of this Federal Law) from January 1, 2018. 16. OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Federal Law), to be adopted by July 1, 2015. 17. The Federal Chamber of Notaries has created a social support fund of the Federal Chamber of Notaries until January 1, 2016. 18. The Federal Chamber of Notaries annually until October 1 this year forms a program of social support for the next year. 19. The Code of Professional Ethics of Notaries in the Russian Federation should be adopted by a meeting of representatives of the notary chambers before July 1, 2015. The code of professional ethics of notaries in the Russian Federation should be posted on the website of the Federal Notary Chamber on the Internet on the Internet the day after the date of its adoption by the meeting of representatives. Notary Chambers. 20. The provisions of the Code of Professional Ethics of the notaries of the Russian Federation are to be executed by notaries in the Russian Federation and by persons who substitute temporarily absent notaries from January 1, 2016. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 29, 2014 N 457-FZ