ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of April 17, 2018 No. 69

About modification of the Rules of notarial clerical work approved by the Order of the Ministry of Justice of the Russian Federation of 16.04.2014 No. 78

For the purpose of enhancement of normative legal regulation of notarial clerical work I order:

Make changes to the Rules of notarial clerical work approved by the order of the Ministry of Justice of the Russian Federation of 16.04.2014 No. 78 (it is registered by the Ministry of Justice of the Russian Federation 23.04. 2014, registration No. 32095), with the changes made by the order of the Ministry of Justice of the Russian Federation of 21.12.2016 No. 297 (it is registered by the Ministry of Justice of the Russian Federation 22.12. 2016, registration No. 44883), according to appendix.

Appendix

to the Order of the Ministry of Justice of the Russian Federation of April 17, 2018 No. 69

Approved by Board decision of Federal notarial chamber of February 19, 2018 No. 03/18

The changes made to the Rules of notarial clerical work approved by the Order of the Ministry of Justice of the Russian Federation of 16.04.2014 No. 78

In the Rules of notarial clerical work approved by the order of the Ministry of Justice of the Russian Federation of 16.04.2014 No. 78:

Paragraph one of Item 1 to state 1) in the following edition:

"1. The rules of notarial clerical work (further - Rules) developed in pursuance of Articles 9, of 12 Bases of the legislation of the Russian Federation on notariate of 11.02.1993 No. 4462-1 (further - Bases), establish single operating procedure with documents of notaries in the Russian Federation, the document transfers which are stored at the notary whose powers stop, to other notary, applications and replacements of seals of notaries, and also procedure of control of execution of rules of notarial clerical work including control of timeliness of entering of data into electronic registers of unified information system of notariate according to the Bases, Requirements to contents of registers of unified information system of notariate approved by the order of the Ministry of Justice of the Russian Federation of 17.06.2014 No. 128 (it is registered by the Ministry of Justice of the Russian Federation 18.06. 2014, registration No. 32711), with the changes made by orders of the Ministry of Justice of the Russian Federation of 29.06.2015 No. 153 (30.06.2015, registration No. 37826) is registered by the Ministry of Justice of the Russian Federation and of 21.12.2017 No. 266 (26.12.2017, registration No. 49456) is registered by the Ministry of Justice of the Russian Federation, and the Procedure for maintaining registers of unified information system of notariate approved by the order of the Ministry of Justice of the Russian Federation of 17.06.2014 No. 129 (it is registered by the Ministry of Justice of the Russian Federation 18.06. 2014, registration No. 32716), with the changes made by orders of the Ministry of Justice of the Russian Federation of 29.06.2015 No. 159 (30.06.2015, registration No. 37821) is registered by the Ministry of Justice of the Russian Federation, of 28.12.2016 No. 323 (30.12.2016, registration No. 45075) is registered by the Ministry of Justice of the Russian Federation, of 28.04.2017 No. 69 (it is registered by the Ministry of Justice of the Russian Federation 15.05. 2017, registration No. 46736) and of 21.12.2017 No. 267 (it is registered by the Ministry of Justice of the Russian Federation 26.12. 2017, registration No. 49457).";

2) Item 7 in paragraph four the word "middle name" shall be replaced with words "middle name (in the presence)";

3) Item 9 after words" (1)" to add appendix No. with words ", except for the organizational and administrative documents which are subject to special accounting (for example, orders on staff, orders about substitution of temporarily absent notary)";

Item 13 to state 4) in the following edition:

"13. The documents proceeding from the notary except the documents which are subject to registration in the register for registration of notarial actions contain the following details:

a) the name of notarial chamber (on documents of the notaries who are engaged in private practice);

b) position, surname, name, middle name (in the presence) the notary with indication of the name of the notarial district or office of notary public;

c) location of notary office;

d) date;

e) reference registration number;

e) heading to the text (in the presence);

g) text;

h) mark about appendix availability (in the presence);

i) signature of the notary;

j) information about the addressee (in the presence).

The details specified in subitems "a" - "д" this Item, can be located as in the left upper corner of the document, and is longitudinal in any sequence.

If the document is processed with use of the personal form of the notary or the form of office of notary public, then details repeatedly are not specified.

The certificates of committed notarial actions issued by the notary according to Article 5 of Bases except the above-stated details contain the name, the reference to the document based on which they are issued. In references date and number of the order of territorial authority on position assignment of the notary can be specified.";

5) in the paragraph the second Item 21 of the word" (3)" to exclude appendix No.;

Item 22 to add 6) with words ", and also images of electronic paper documents, displays on papers of the information obtained from the state registers, federal information resources, the state registers which is in open access in the cases provided by the Regulations of making by notaries of notarial actions establishing information amount, to the necessary notary for making of notarial actions, and method of its fixation, approved by the order of the Ministry of Justice of the Russian Federation of 30.08.2017 No. 156 (it is registered by the Ministry of Justice of the Russian Federation 06.09. 2017, registration No. 48092)";

7) in Item 23:

a) the words "appendix No. 4" shall be replaced with words "appendix No. 2.1";

b) add with the paragraph of the following content:

"The magazine of registration of incoming correspondence is kept electronically.";

To add Item 27 with the paragraph of the following content:

"If the text of the written address does not allow to determine its essence, the answer to it is not given what it is in writing reported to the author within 7 days from the date of registration of the address about.";

To add 9) with Item 30.1 of the following content:

"30.1. The answer to the address is sent in electronic form to the e-mail address specified in the address which arrived to the notary in electronic form, and in writing - to the postal address specified in the address which arrived to the notary in writing.";

Item 31 to state 10) in the following edition:

"31. The documents proceeding from the notary (except notarial acts, organizational and administrative documents, receipts, requests in the state registers, federal information resources, the state registers), are registered in the magazine of registration of outgoing correspondence (appendix No. 2.2).

The magazine of registration of outgoing correspondence is kept electronically.

On the outgoing document are put down registration number according to the magazine of registration of outgoing correspondence and registration date.";

11) in Item 32:

a) after the word "directly" to add with words "to the applicant or";

b) add with words ", and also e-mail";

Chapter V to state 12) in the following edition:

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