The procedure for the appointment of a notary for many secrets behind seven locks. In reality, the procedure is not very complicated, but it requires overcoming bureaucratic barriers. How to become a notary? We will talk about all the conditions for the candidate and the order of appointment.
Number of posts
The procedure for appointing a notary public begins with determining the number of posts. This is done by the notary chamber and the justice authority. This moment is determined by the Fundamentals of Article 12 of the second part. By the way, the number of Russian notaries was formed in 2001 and still remains unchanged. Although the composition is already established, anyway a certain number of notaries changes annually.
Who could be
The procedure for appointing a notary public is determined by law in the same way as the requirements for candidates.
Each applicant must have training and professional education that meets the requirements for the position. And it doesn’t matter whether a person gets a job in a private office or in public service.
What is required of the candidate:
- Higher legal education. This is a prerequisite for any job seeker.
- Passing an internship. A candidate must be trained for at least a year at a private notary or in a public office. But there is an exception to this rule. If a person has already worked in the legal specialty for three years, then by decision of the Council of Justice and the Notary Chamber, the duration of the internship can be halved.
Let's take a closer look at the internship issue.
Practice
The internship procedure is approved by the Board of the Federal Notary Chamber and the order of the Ministry. According to these documents, applicants must have a law degree. Moreover, a prerequisite is the education in our country, respectively, the diploma must also be a state standard. But do not think that graduates of foreign universities have been ordered to a notary public. It is only necessary that the diploma be recognized in our country and this should be done in the prescribed manner.
Organizational moments
The procedure for appointing a notary public provides for an exam to determine the level of training of applicants.
By the way, with regard to the number of places for trainees, it is jointly established by the notary chamber and the justice authority.
The regulation on internships was adopted back in 1994. It says that the total number of trainees is not limited, but there is a condition - one notary can only manage two interns.
Interns are recruited centrally. That is, information about when and where the recruitment will take place, what documents are needed, the place of admission and other details are posted in the premises of the notary chamber and the justice authorities. The law determines that this must be done no later than two months before the start of the recruitment.
As for the application, it must be submitted no later than thirty days before the exam.
What happens after the exam
Appointment as a notary is the end point of the path, and first you need to pass an exam. After the surrender, the notarial chamber and the justice body are appointed to hand over the leaders. After the decision is made, an employment contract is concluded with the trainee, this is done by the justice authority. Interns receive wages from the state payroll of a notary's office.
If the trainee undergoes an internship with a private specialist, the contract will be concluded with the notary chamber. He is paid for work already from the payroll of the notary's office, naturally, of a non-state one.
The same authorities control the development of the program and the practice. After the internship is over, the head of the trainee draws up a conclusion on the internship, which must be approved by the notary chamber or the justice authority.
Proficiency testing
The appointment of a notary public is not possible without confirmation of professional suitability. Therefore, former trainees pass a qualification test. The exam is taken by a special commission, which gathers at the local authority of the Ministry of Justice, as well as representatives of the notarial chamber.
According to the fourth article of the Fundamentals, representatives of Justice can participate in any commission. According to the law, the commission should consist of five people and it can work in one structure for only three years.
It is important to remember that the commission should include the same number of representatives of both bodies. By agreement, representatives of the judicial community and legal scholars may also be present.
Some nuances
Usually a qualification exam is held twice a year. And in order to pass it, you need to submit an application, by the way, you need to do this a month before the test itself.
We already said that the notary exam is held after practice. They are obliged to warn about its holding two months before the start in public places of the notarial chamber and the justice body. A list of people who are allowed to test are subsequently posted there.
Testing
Before taking up the position of a notary in the Russian Federation, you need to pass an exam. And to do this, you need to know what is included in it. Testing takes place on tickets, each consists of three questions: the task of drawing up a notarial deed, a theoretical question, a task on the topic.
The Federal Notary Chamber is developing a list of theoretical issues, and the Ministry of Justice is already approving them. As for the tasks and tasks, they are developed by a special commission, which then takes the exam.
In order for you to be approved as a notary in the Russian Federation, you must successfully pass the test. Answers are accepted in writing and only those that were delivered on time. So, the first question is given an hour, the second is also an hour, and the third is three hours.
Normative legal acts can be used only when solving the second and third tasks. A sheet with written answers is attached to the personal file of the candidate.
The answers are scored in points that are put on the exam papers. The latter are distributed to each member of the commission.
If each candidate has a minimum score of 7 points, then the exam is considered passed. It is important to remember that decimal points are not rounded.
By the way, the minutes of the commission’s meeting and the personal files of applicants with all materials are stored for 75 years in the justice authority.
Appeal
If the decision on the examination for the position of a notary public is not satisfactory to the applicant, he may appeal it within one month from the day the copy was handed. It is necessary to apply to the Appeal Commission, which is formed at the Ministry of Justice along with the notary chamber on an equal footing.
The commission is obliged to act in accordance with the Regulation on the appeal commission to consider complaints.
If a complaint is received, the Appeals Commission requests all materials from the Qualification Commission. When the candidate is not satisfied with the decision of the Appeal Commission, he can appeal it in court. You need to hurry, because you can only do this within thirty days, and you need to count from the moment the decision is made.
As for the consideration of the complaint, the commission is obliged to consider it within ninety days. The law allows the presence of the applicant during the hearing of the case. In turn, the commission has the right to call the assessors of the qualification commission or the applicant himself in order to give explanations.
The secretary of the commission at the beginning of the meeting reports on all complaints. This also includes applications submitted on time or by the wrong person. By the way, these reasons become the basis for rejection of the complaint.
If the application is nevertheless accepted, then the secretary is obliged to report on the materials, as well as transfer the content of the complaint. It is important that the justice authority provides the materials.
Decision on complaint
If the complaint about the results of the qualification exam for a notary public has been examined, the commission shall make a decision. And there are several options:
- The decision of the qualification commission will be canceled. In this case, the applicant will be allowed to repeat the exam.
- The decision of the commission is left unchanged. That is, the applicant’s complaint is not satisfied.
This applies to admission to the exam itself, and in the case of a complaint about the failure of the exam, the options are as follows:
- The commission’s decision is not changed.
- The commission decision is canceled, and the applicant is sent for reexamination. It is also important that the applications of the applicant can be sent by the qualification commission of another subject of the country.
- The decision is canceled and the final score set by the commission is changed.
If a person meets the requirements for a notary public, but the decision of the commission does not suit him, then he can appeal it in court.
A protocol of a meeting
This document spells out the time, place and date of the meeting. The paper also indicates the name, patronymic and last name of both the members of the meeting and other persons present at it.
In addition, the applicant’s data are entered in the protocol, including the place of residence and details of identity documents.
The secretary is required to record all the important points when considering the application. At the end of the meeting, the protocol is supplemented by a decision and argumentation of the latter.
The paper must be signed by the secretary and chairman of the commission.
By the way, they must keep the protocol for 75 years in the Ministry. When the allotted time ends, the protocols are destroyed in the prescribed manner.
If the appeal did not help and the court decision was not changed, but the candidate who failed the exam can try to pass only after a year.
License
A notary is appointed if he has passed the exam and completed an internship, but that is not all. It is important that the candidate has a license giving the right to carry out notarial activities.
An application for a license shall be submitted within five days from the moment the qualification commission made its decision. The justice authority is dealing with this issue, and confirmation of payment of the fee for issuing a license should also be included there.
With regard to payment, the issue is spelled out in the Resolution of the Council of Ministers adopted in July 1993. According to the document, the fee for issuing a license is equal to five minimum wages.
It is worth noting that if a notary was appointed to the position before the law entered into force, then he receives a license for free. By the way, passing the qualification exam is also not required, but only if the notary has a higher education and works in the state notary's office.
To obtain a license, not only the candidate must submit documents. The secretary of the qualification commission is obliged to transfer the documents of the applicant to the justice authority within five days from the date of the decision.
Within thirty days after the examination, the justice authority must issue a license or refuse to issue if the requirements for a notary public are not met.
Applicants do not always agree with the refusal, so the law allows you to appeal the decision in court. But you need to hurry, because everything is allotted only a month after the decision.
Register of licenses
We have already talked about the requirements for candidates for a notary public, and mentioned that compliance with them is not a guarantee of success. It is important to pass an exam and obtain a license. The latter is entered in the register of licenses, which meets all legal requirements. This measure is designed to negate fake documents and it works. So, what data is entered into the registry:
- Date of issue of the document.
- Registration number.
- Date of decision of the exam committee.
- Name, patronymic, last name of the candidate, place of residence, number and series of the passport, when and by whom it was issued.
- Date of receipt of the license and signature of the recipient.
- Address of a notary office.
- Date and number of the order for the appointment by a notary or assistant notary. A notarial district must be indicated in this column.
- A note on the termination of powers of a notary and the reasons for this.
According to the law, the register must be stitched, and the sheets are numbered. In order to avoid any errors, the number of sheets is certified by the head of the justice authority with signature and seal. As well as other documents, 75 years.
In addition to the fact that a candidate for a notary public must obtain a license, he needs to start working within three years. Otherwise, you will have to re-pass the qualification exam.
As for the assistant notary public, the rule of repeated examination does not apply to him.
An exception
If a notary in the Russian Federation is appointed after three years, but the place of work is local government or consular offices, then these people may not receive a license. It is important that they have the right to perform notarial acts outside the country or in an area where there are no notaries.
Position contest
After the license is obtained, the applicant can participate in the competition for the place. It is carried out when vacant positions are opened, this is done in the manner prescribed by law. The Regulation on the competition for the notary public established that the competition should be announced no later than 10 days after the opening of the vacancy.
The justice authority must notify the Notary Chamber of the issuance of the order within three days. The document must contain:
- Time and place of the meeting of the tender committee.
- Duration of the competition.
- Deadline for receiving documents.
The procedure for holding a competition for a notary public is determined by law and begins with the formation of a commission. It consists of 8 people. At the same time, there should be the same number of employees of the notarial chamber and the justice body and they should be notaries.
It is the justice body that approves the composition of the commission. The chairman of the commission may only be the head of the justice body or deputy.
All information about the competition, such as the time and place of the competition, the list of documents and the place of admission, requirements for a candidate for a notary public and other things, is posted in the public places of the notary chamber or justice body, and is also published in the media.
Documents and application to the applicant must be submitted to the secretary of the commission. The latter is appointed by the same head of the justice body and he is selected from the members of the commission. It is important that the secretary can only be a representative of the justice authority, but not the notarial chamber.
Lists on which eligible candidates are indicated are posted in public places in the notary chamber and the justice authority no later than seven days before the start of the competition.
During the competition, the commission evaluates applicants for the submitted documents. If necessary, then conduct a personal interview on notarial activities.
The decision of the commission on the results of the competition the reason for issuing the order on the appointment of a notary The winner receives the authority, gives them the authority of justice or the Ministry of Justice.
Assistant notary
If a citizen of the Russian Federation is appointed to the position of a notary, then who can be an assistant? According to the law, a person who has a higher legal education has the right to occupy a position in the state notary's office, but this is not all. The applicant must pass an internship and pass a qualification test, as well as obtain a license allowing notarial activity.
The appointment of a notary public assistant is the responsibility of the justice authority. An employment contract is concluded with a person, in which not only his duties, but also his rights are prescribed.
If we are talking about a notary who works for himself, then the law left the right to independently hire employees.
Work organization
Time passes and work is organized every year in different ways. For example, now every notary should have an accountant, secretary, technician and other assistants. Naturally, we are talking about a private practitioner.
If the notary is absent, then he has the right to conclude an agreement with a person who wants to fulfill his duties. But not everything is so simple, because a person is considered a substitute, which means that he must meet certain requirements.
A substitute must necessarily be a citizen of our country, undergo an internship, have a higher legal education, license and pass a qualification test.
The justice authority may empower a person who is ready to replace a notary public only on the basis of an agreement drawn up between a notary public and his deputy.
Authorization can be given in advance, but for this you need to specify a good reason. For example, this may be a disease, a vacation, and other reasons for being absent among the year.
It is important to remember that a person is vested with authority only after he is vested with the right to perform notarial acts and perform notarial duties. In addition, a notary public himself cannot perform actions when he is replaced by another person. The deputy receives remuneration for the performance of duties. The amount of the latter is specified in the agreement.
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- For committing disciplinary offenses of a regular nature. This also includes a violation of the laws of the country, the inability to fulfill obligations in full due to health reasons. The notary chamber must apply for resignation. She is obliged to provide documentary evidence of the grounds.
The notary chamber and the justice body shall transfer the documents of the dismissed notary to another specialist.
It is important to remember that the notary will be dismissed for any intentional crime, even if it is not related to direct duties.
As regards the moment of incapacity, the recognition must strictly comply with the Civil Code (Articles 29, 30) and the Civil Procedure Code (Chapter 31).
A claim for dismissal can be filed not only by the notary chamber, but also by the bodies and officials indicated in the Fundamentals of the legislation of the Russian Federation on notaries. These are the bodies that control the activities of a notary. For example, a tax authority may apply for resignation if the notary does not pay taxes.
A notary may vacate authority for a disrespectful and respectful reason. The first can be attributed to unsuitability during the qualification test, gross violations of the law, disciplinary offenses.
Let's take a closer look at what is meant by gross violations. As a rule, the so-called non-compliance with numbering in the register, the omission of numbers, non-performance of certain notarial acts, non-compliance with the rights of minors (that is, transactions were certified without guardianship). Even if a notary public justifies that he has worked little and does not yet have experience, the court does not accept this. It is enough for a judge that a notary has a license, which means that he has knowledge, without which the latter would not have been issued.
Notary Rights
All this is spelled out in the Fundamentals of the legislation of the Russian Federation on notaries and other normative acts. What is indicated there? Additional rights have been developed for a private notary, in particular:
- Open the office.
- Have accounts at any bank, including a checking account.
- Have personal non-property and property rights and obligations.
- Dismiss and hire workers.
- Act in court on your own behalf.
- Dispose of income.
But this is not all the rights of a specialist. There are also special rights that look like this:
- Drafting transactions, statements and other documents, making copies of documents and extracts. This also includes giving clarification on action issues.
- The performance of notarial acts in the interests of legal entities and individuals. An exception are situations when the place of performance of an action is determined by international treaties or the laws of our country.
- Demand from legal entities and individuals of documents and information necessary for the commission of an action.
By the way, a notary public can receive additional rights if they are prescribed in local legislation.
Being a notary is very interesting, although it may seem different from the outside, it is not in vain that many lawyers strive for this. To become a professional in your field, you need to work and do a lot, only then you can take a coveted position and prove yourself.