FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 29, 2014 No. 457-FZ

About modification of separate legal acts of the Russian Federation

Accepted by the State Duma on December 19, 2014

Approved by the Federation Council on December 25, 2014

Article 1

Bring in Bases of the legislation of the Russian Federation on notariate of February 11, 1993 No. 4462-1 (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 10, Art. 357; Russian Federation Code, 2003, No. 50, Art. 4855; 2004, No. 27, Art. 2711; No. 35, Art. 3607; No. 45, Art. 4377; 2005, No. 27, Art. 2717; 2006, No. 27, Art. 2881; 2007, No. 1, Art. 21; No. 27, Art. 3213; No. 41, Art. 4845; No. 43, Art. 5084; 2008, No. 52, Art. 6236; 2009, No. 1, Art. 14, 20; No. 29, Art. 3642; 2010, No. 28, Art. 3554; 2011, No. 49, Art. 7064; No. 50, Art. 7347; 2012, No. 27, Art. 3587; 2013, No. 14, Art. 1651; No. 51, Art. 6699; 2014, No. 26, Art. 3371; No. 30, Art. 4268) following changes:

1) in Article 1:

a) third to state part in the following edition:

"The register of the notaries and persons who passed qualification examination (further - the register of notaries), conducts federal executive body in the field of justice (further - federal body of justice) according to the procedure, it established. The data containing in the register of notaries, except for the data, access to which is limited by the Federal Laws, have open character and are posted on the official site of federal body of justice on the Internet. Within two working days after day of the address of the face entered in the register of notaries at the request of this person the territorial authority of federal body of justice (further - territorial authority of justice) issues it the statement from the register of notaries containing data on passing of qualification examination by it and (or) about appointment it to position of the notary.";

b) the fourth to add part with words ", data on which go to territorial authority of justice for accounting in form and according to the procedure which are established by federal body of justice";

Article 2 to state 2) in the following edition:

"Article 2. The notary in the Russian Federation

The citizen of the Russian Federation can be the notary in the Russian Federation:

1) got the higher legal education in the educational organization of the higher education having the state accreditation;

2) the having length of service on legal specialty at least than five years;

3) reached age of twenty five years, but is not more senior than seventy five years;

4) the passed qualification examination. Person cannot be the notary in the Russian Federation:

1) the having nationality (citizenship) of foreign state or foreign states if other is not provided by the international treaty of the Russian Federation;

2) recognized incapacitated or limited in capacity to act to the judgment which took legal effect;

3) staying on the registry in narcological or psychoneurological dispensary in connection with treatment for alcoholism, drug addiction, toxicomania, chronic and long mental disturbances;

4) condemned to the punishment excluding possibility of fulfillment of duties of the notary according to the court verdict which took legal effect, and also in case of availability not removed or not extinguished in the procedure for criminal record established by the Federal Law for intentional crime;

5) submitted false documents or obviously false data in case of position assignment of the notary;

6) earlier exempted from powers of the notary based on the judgment about deprivation of the right of notarial activities for the bases established by these Bases including in connection with numerous making of minor offenses or violation of the law (except as specified additions by the notary of powers in connection with impossibility to fulfill professional duties for health reasons).

When making notarial actions the notaries working in offices of notary public and who are engaged in private practice have the equal rights and perform identical duties. The documents processed by notaries have identical legal force.

The notary who is engaged in private practice shall be the member of notarial chamber of the subject of the Russian Federation in the territory of whom it performs notarial activities.";

3) Article 3 to recognize invalid;

To add 4) with Article 3.1 of the following content:

"Article 3.1. Qualification examination

According to these Bases the citizen of the Russian Federation who passed qualification examination has the right to be engaged in notarial activities. This requirement does not extend to the officials specified in parts four and the fifth Article of 1 these Bases.

The decision on the admission to qualification examination of persons wishing to pass qualification examination is accepted according to the procedure, established by federal body of justice together with the Federal notarial chamber, the qualification commission formed and performing the activities according to Article of 4 these Bases.

Persons which passed training according to requirements of Article of 19 these Bases are allowed to qualification examination.

The qualification examination is held with use of the automated information system of holding qualification examinations providing the automated check of results of passing qualification examination.

Requirements to the automated information system of holding qualification examinations are established by Federal notarial chamber in coordination with federal body of justice.

The automated information system of holding qualification examinations is component of unified information system of notariate and includes:

1) the remote automated workplaces for passing qualification examinations;

2) the center of processing of test tasks and maintenance of qualification examinations (further - the center of processing).

The organization of works on designing and implementation of the automated information system of holding qualification examinations is performed by Federal notarial chamber and includes:

1) development of the special software of holding qualification examination on the remote automated workplaces in real time using communication networks of the general use providing storage system and generation of set of test tasks for each applicant on the equipment of the center of processing;

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