ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of July 16, 2007 No. 149

About approval of Administrative regulations of execution by Federal registration Service of the state function on licensing for the right of notarial activities

Based on Item 7 of the Procedure for development and approval of administrative regulations of execution of the state functions and administrative regulations of the provision of the state services approved by the order of the Government of the Russian Federation of November 11, 2005 N679 "About Procedure for Development and Approval of Administrative Regulations of Execution of the State Functions and Administrative Regulations of Provision of the State Services" (The Russian Federation Code, 2005, N 47, to the Art. 4933), I order:

1. Approve the enclosed Administrative regulations of execution by Federal registration Service of the state function on licensing for the right of notarial activities.

2. (S. V. Vasilyev) to provide to Federal registration Service execution of Administrative regulations of execution by Federal registration Service of the state function on licensing for the right of notarial activities.

3. Recognize invalid orders of the Ministry of Justice of the Russian Federation:

of October 26, 1998 N150 "About Approval of the Procedure for Issue of Licenses for the Right of Notarial Activities" (it is registered by the Ministry of Justice of the Russian Federation on November 10, 1998, N 1642);

of April 5, 2002 N90 "About Modification of the Procedure for Issue of Licenses for the Right of Notarial Activities Approved by the Order of the Ministry of Justice of the Russian Federation of 26.10.1998 of N150" (it is registered by the Ministry of Justice of the Russian Federation on April 19, 2002, N 3389);

of August 1, 2005 N121 "About Introduction of Amendments to the Order of the Ministry of Justice of the Russian Federation of October 26, 1998 N150" (it is registered by the Ministry of Justice of the Russian Federation on August 15, 2005, N 6905).

4. To impose control of execution of the order on the First Deputy Minister A. N. Savenkov.

Appendix

to the order of Ministry of Justice of the Russian Federation of July 16, 2007 No. 149

Administrative regulations of execution by Federal registration Service of the state function on licensing for the right of notarial activities

I. General provisions

1. The administrative regulations of execution by Federal registration Service of the state function on licensing for the right of notarial activities (further - Administrative regulations) are developed for the purpose of improvement of quality of execution and availability of results of execution of the state function on licensing for the right of notarial activities (further - the state function), creations of comfortable conditions for participants of the relations arising when licensing for the right of notarial activities (daleezayavitel) and determine terms and the sequence of actions (ministerial procedures) when implementing the state function.

2. The Federal registration Service will organize issue, and its territorial authorities grant licenses for the right of notarial activities (the subitem 13 of Item 6 of the Regulations on Federal registration Service approved by the Presidential decree of the Russian Federation of October 13, 2004 N1315 "Questions of Federal Registration Service" * (1), the subitem 13 of Item 6 of the General provision on territorial authority of Federal registration Service on the subject (subjects) of the Russian Federation approved by the order of the Ministry of Justice of the Russian Federation of December 3, 2004 N183 "About Approval of the General Provision about Territorial Authority of Federal Registration Service on the Subject (Subjects) of the Russian Federation" * (2) (in edition of orders of the Ministry of Justice of the Russian Federation of September 28, 2005 N181 "About Introduction of Amendments to the Order of the Ministry of Justice of the Russian Federation of December 3, 2004 N183" * (3), of May 5, 2006 N149 "About Introduction of Amendments to the Order of the Ministry of Justice of the Russian Federation of December 3, 2004 N183" * (4).

3. According to part one of Article 3 of Bases of the legislation of the Russian Federation on notariate of February 11, 1993 N4462-I * (5) has the right to be engaged in notarial activities the citizen of the Russian Federation who obtained the license for the right of these activities. This requirement does not extend to the officials specified in parts four and the fifth article 1 of Bases of the legislation of the Russian Federation about notariate.

4. Territorial authorities of Federal registration Service grant the license for the right of notarial activities to the citizen of the Russian Federation having the higher legal education, who passed training in office of notary public or at the notary who is engaged in private practice, and successfully passed qualification examination.

Acceptance of qualification examination is performed by the qualification commission which is formed under territorial authority of the Federal Registration Service with participation of representatives of notarial chamber of the subject of the Russian Federation, according to the procedure, provided by Regulations on the qualification commission on acceptance of examination at persons wishing to obtain the license for the right of notarial activities, the approved order of the Ministry of Justice of the Russian Federation of April 14, 2000 of N132 "About Approval of the Regulations on the Qualification Commission on Acceptance of Examination at Persons Wishing to Obtain the License for the Right of Notarial Activities" * (6) and board decision of Federal notarial chamber of March 20, 2000 (in edition of the order of the Ministry of Justice of the Russian Federation of August 1, 2005 N120 "About Modification of Regulatory Legal Acts of the Ministry of Justice of the Russian Federation" * (7)).

5. Execution of the state function is performed according to:

Constitution of the Russian Federation * (8);

Tax Code of the Russian Federation (Chapter 25. 3) * (9);

Bases of the legislation of the Russian Federation on notariate;

The presidential decree of the Russian Federation of October 13, 2004 N1313 "Questions of the Ministry of Justice of the Russian Federation" * (10);

The presidential decree of the Russian Federation of October 13, 2004 N1315 "Questions of Federal Registration Service";

the order of the Ministry of Justice of the Russian Federation of June 21, 2000 N179 "About Approval of the Procedure for Passing of Training by Persons Applying for Position of the Notary" * (11) (in edition of the order of the Ministry of Justice of the Russian Federation of August 1, 2005 N120 "About Modification of Regulatory Legal Acts of the Ministry of Justice of the Russian Federation");

the order of the Ministry of Justice of the Russian Federation of April 14, 2000 N132 "About Approval of the Regulations on the Qualification Commission on Acceptance of Examination at Persons Wishing to Obtain the License for the Right of Notarial Activities";

the order of the Ministry of Justice of the Russian Federation of December 3, 2004 N183 "About Approval of the General Provision about Territorial Authority of Federal Registration Service on the Subject (Subjects) of the Russian Federation";

other legal acts of the Russian Federation regulating legal relationship in the field of licensing for the right of notarial activities.

6. The state function is performed by federal government civil servants of territorial authorities of Federal registration Service (further - specialists).

7. Applicant is the citizen of the Russian Federation who passed the qualification examination which filed in territorial authority of Federal registration Service petition for licensing for the right of notarial activities.

8. For licensing for the right of notarial activities the state tax which amount and procedure for collection are established by Chapter 25.3 of the Tax Code of the Russian Federation is collected.

According to the subitem 71 of Item 1 of article 333.33 of the Tax Code of the Russian Federation the state fee is paid:

for consideration of the application about provision of the license - in the amount of 300 rubles;

for provision of the license - in the amount of 1000 rubles;

for renewal of the document confirming license availability in the amount of 100 rubles.

Based on Article 333.17 and the subitem 6 of Item 1 of article 333.18 of the Tax Code of the Russian Federation in case of the request for licensing for the right of notarial activities the payer (the physical person who addressed for licensing for the right of notarial activities) pays the state fee before filing of application about licensing for the right of notarial activities.

II. Requirements to procedure for execution of the state function

Procedure for informing on execution of the state function

9. Information on procedure for execution of the state function is provided:

directly in territorial authorities of Federal registration Service;

with use of means of telephone communication, electronic informing, computer and electronic facilities;

by means of placement in information and telecommunication networks public (including on the Internet), publications in mass media, editions of information materials (brochures, booklets, etc.).

10. The location information, contact telephone numbers (phones for reference), Internet addresses, e-mail addresses of the Federal Registration Service, territorial authorities of the Federal Registration Service is given in appendix 1 to Administrative regulations and is placed:

on the Websites of the Federal Registration Service and its territorial authorities;

at information stands of territorial authorities of the Federal Registration Service.

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