In today's world, information is increasingly being stored digitally on computers. But many documents require that they be set out on paper and notarized, stamped. Such copies are called originals and have legal force. When traveling abroad, it is very important to have documents with you that are valid and legally valid in a foreign country. It is first of all your protection, guarantees. Legal documents must have an apostille. What does this concept mean, where to go? We will talk about this later.
Consider the concept of
In the process of developing political and economic relations between countries, the need arose to legalize documents. This procedure was very lengthy. In 1961, the Hague Convention adopted a decision that abolished the need to legalize foreign documents of the countries party to the Convention.
A special stamp was approved - this is the affixing of an apostille on official documents that were created in one state and can be transferred to another, and the legalization procedure is not required.
Documents with an apostille are accepted in another country that is a party to the Convention, without limitation and do not need further examination.
Legalization Procedure
The order according to which the legalization of documents is established:
- It is required at the notary to certify copies of documents. This does not apply to all species.
- In some cases, translation of documents also requires notarization.
- Documents and their translation are submitted to the Ministry of Foreign Affairs and the Ministry of Justice.
- The documents put a stamp on legalization.
- Papers are submitted to the consulate of the country in which they will be used.
Some countries require double legalization (China and the United Arab Emirates).
The double legalization procedure is as follows:
- The document is submitted to the ministry, it stamps the legalization. Returned to the owner.
- A document with a stamp must be certified by a notary.
- A certified original and its translation shall be submitted to the ministry, where they put a mark.
- Documents sent to the embassy.
If the documents are issued by another state, then before using them in the country it is necessary to legalize them at the consulate. But they must be certified by the Ministry of Foreign Affairs of the country where the document is from.
Do I need an apostille
The use of apostille is not required in the territory of the CIS countries, Georgia, Ukraine, Turkmenistan. These countries signed the 1993 Minsk Convention. It states that countries recognize each other's official documents without affixing an apostille.
The mark is not needed in such countries:
- Baltic countries (Estonia, Latvia, Lithuania).
- Czech.
- Finland.
- Slovakia
- Bulgaria.
- Albania.
- Hungary.
- Poland.
- Macedonia
- Yugoslavia.
- Algeria.
- Tunisia.
- Cuba.
In advance, make a request to local authorities about whether there is a need for affixing an apostille. It will save money and time.
The countries of the Hague Convention of 1961, and these are 30 states, require apostilization of documents.
Canada, China, Chile require consular legalization of documents. In Russia, this happens in three stages. Also required verification of documents at the consulate of the country of destination.
In order to avoid such problems, it is best to independently contact the institution. Contact the Ministry to find out the result in order to apply again.
Let's talk about which documents require an apostille and which do not.
Apostille required
Only official papers can be apostilled.
These include:
- Birth, death, marriage, divorce certificates.
- Certificate of change of name or surname.
- Documents from the court.
- Administrative papers.
- Notarial acts.
- Documents from the judiciary.
- Official notes - medical certificates, visas without notarization.
It should be noted documents on which the apostille is not affixed.
Apostille is not required
This list is also established under the Hague Convention:
- Documents certified by a consul or diplomat.
- Documents of an economic and commercial nature for the customs service. These include primary accounting documents, contracts for the supply of products, goods, inventory of transported property.
- Passport.
- Driver's license.
- Student or student tickets.
- Pensioner's ID.
- Documents without official status.
Apostille affixing procedure
It should be noted what documents are needed:
- Your application for affixing an apostille.
- Documents claimed.
- Passport or identity document.
- Documents requiring apostille certification.
- State duty payment receipt.
It should be added:
- On copies certified by a notary, an apostille may be affixed.
- Notarized copies of documents stamped are legalized.
The procedure takes several days if this is standard business paper. If the form is not included in this framework, putting down an apostille on documents can take about a month.
Where to go
The following authorities have the authority to perform apostille:
- Ministry of Justice
- REGISTRY OFFICE. Can certify the documents issued to him.
- Defense Department. It certifies documents on work or service in military bodies or departments.
- Territorial authorities.
- The archival institution and its authorized bodies shall certify the documents issued by them.
- Federal Service for Supervision of Education and Science. Documents related to education.
- Attorney General
- Ministry of the Interior
- Private company.
The apostille does not lose its significance even after being certified at the consulate.
In private firms, the service costs differently. Putting an apostille in Moscow costs about 4,200 rubles. Extremely fast execution within 2-3 days will cost 10,500 rubles.
Registration through a proxy
What documents must be submitted if you apply for the service through an authorized person?
This requires:
- Statement.
- Power of attorney.
- Proof of identity.
- The original document for affixing an apostille or a certified copy.
- State duty payment receipt.
What is an apostille
This is a square stamp measuring 9 by 9 centimeters. All countries party to the Convention must adhere to the established template.
It contains the following items:
- The name of the state where the apostille is affixed.
- The surname, initials, and also the position of the person who signs this document are indicated.
- The name of the company or organization that issues the document.
- Name of the city where the procedure is performed.
- Date affixed.
- The name of the organization that affixed the apostille.
- The number is serial.
- The signature of the one who affixed.
- Seal of organization.
The apostille is filled in the language of the state in which it was issued. Or, in the official language of the Convention, it is English or French. The title "Apostille" is always in French.
Apostille forms
Let's pay attention to the forms of apostille:
- Rubber seal.
- Glue.
- Relief print.
- Sticker.
- Color ribbon.
It is affixed to the empty space of the document or to special paper, which is then attached to the document. It can be affixed to the back.
Individual countries that were not parties to the Hague Convention also recognize documents so certified.
Apostille is affixed on the document only once.
Statement
The procedure requires first of all the application for affixing the apostille.
What does it include:
- Personal data of the applicant.
- The list of documents that are submitted for affixing the apostille.
- The name of the country for which the stamp is required.
- The date.
- Signature.
The application is written by hand, it is also allowed in electronic form. The application form is available on the website of the government agency, which has the right to affix an apostille. The application is submitted in one copy.
You can contact a private company if you do not have time to do this.
Apostille for the diploma (certificate)
Which documents must be submitted:
- Application for service.
- The original diploma or certificate with the application.
- Copy of the passport.
- A copy of the document on the change of surname, if it has changed.
Consider the procedure for affixing an apostille on a diploma. You must contact the Department of Education. The procedure includes the following steps:
- A statement is being compiled.
- An education certificate is attached.
- The document is being checked.
- Registration.
- The diploma is checked in the federal registry.
- The authenticity of the signature of the person who provided the diploma is verified.
- The authenticity of the seal is determined.
It is necessary to pay the state fee for affixing the apostille. There is an option to send an application and diploma by registered mail with a notification. In this case, it is necessary to enclose the paid receipt in the letter.
It should be noted that the Department accepts applications and diplomas of higher education and other documents, regardless of the city, region, the educational institution.
Information on the executive bodies that are authorized to affix an apostille on documents on education can be found on the website of the Federal Service for Supervision and Control in the Field of Education.
Apostille for birth certificate
To obtain citizenship in a foreign country, you may need a birth certificate. In this case, it is necessary to affix the apostille on the birth certificate. In this case, the authorized competent authority is the registry office. Documents can be sent by mail or submitted in person.
You will need:
- Application for apostille affixing service.
- Proof of identity of the applicant.
- Birth certificate. You can provide a copy, while it must be certified by a notary.
- State duty paid, receipt.
At the same time, there are requirements for the document:
- The certificate should not be laminated.
- There should be no damage that violates the contents of the document.
- Printing should be clear.
- Text, print must be readable.
It should be noted that the apostille on the copy of the birth certificate is affixed by the body of the Ministry of Justice of Russia. When a document is certified by a notary, a stamp is placed in the same region where the notary works.
The deadline does not exceed 5 business days from the date of registration of the application. Issuance - within 3 days. If additional information is required, the period may be extended up to 30 business days.
May refuse
Consideration should be given to the reasons for the denial of the apostille.
One of them may be the unsuitability of the document, therefore, we select the criteria for evaluating securities:
- The form must be intact and not laminated.
- The signature is clear.
- Without blots and corrections.
- All letters are well readable.
- It contains all the necessary details.
- Nothing should violate the text of the document.
The following reasons for failure are possible:
- There is no way to confirm the document.
- There is no connection with the issuing notary.
- The organization that issued the document does not respond to a request from the Ministry.
- The response to the request did not come on time, with a delay.
- Documents prepared or drafted incorrectly.
In order to avoid such problems, it is best to independently contact the institution. Contact the Ministry to find out the result in order to apply again.
The registry office may refuse to affix an apostille on documents issued in the USSR. It is necessary to exchange documents of the old type for new ones.
Who can apply for an apostille
It is worth noting that affixing the apostille is necessary not only for legal entities. Applications may be submitted by:
- Foreign citizens.
- Persons with Russian citizenship.
- Without citizenship.
- With undetermined citizenship.
How to pay state duty
Payment can be made:
- Online on the portal.
- Via Sberbank.
Details are provided on the website of the state body or on information stands.
The state duty for affixing an apostille today is 2500 rubles per document.
It is worth paying attention to the fact that the payment must be made by the same person as indicated on the document that requires the stamping.
Important details
If the document is apostilled in the Russian Federation, translation into the language of the country where it is required is required. Translation can be done both in Russia and in another state.
If the translation is made in Russia, then the document must contain the full translation of the apostille and affixed in the Russian Ministry of Justice.
It is more convenient to carry out the translation with official translators in a foreign country.