FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 29, 2015 No. 391-FZ

About modification of separate legal acts of the Russian Federation

Accepted by the State Duma on December 23, 2015

Approved by the Federation Council on December 25, 2015

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; 2015, No. 1, Art. 10; No. 13, Art. 1811; No. 29, Art. 4385) following changes:

Article 11.1 to add 1) with parts three - the tenth the following content:

"This privilege can be exercised in case of simultaneous observance of the following conditions:

1) the notary does not exercise this privilege concerning other real estate earlier, and this privilege was not exercised by notarial chamber within five years from the date of its realization earlier;

2) the acquired property is in limits of the notarial district in which the notary is appointed to position;

3) the acquired property is free from the third party rights;

4) the acquired property is not property which is limited in turnover.

The notary, notarial chamber have the right to address to the public authority of the subject of the Russian Federation or local government body authorized on implementation of functions on privatization of the property which is in state-owned property of subjects of the Russian Federation or municipal property (further - authorized body), with the statement for acquisition of the real estate unit which privatization is performed by its sale at auction or at tender.

According to the statement of the notary, notarial chamber for possibility of provision of such real estate unit the authorized body within thirty days accepts one of the following decisions:

1) about possibility of provision of such real estate unit and about the direction of the offer on the conclusion of the purchase and sale agreement of the state-owned or municipal property;

2) about refusal in provision of such real estate unit in connection with non-compliance with conditions of part three of this Article.

In case of the consent of the notary, notarial chamber with the offer on the conclusion of the purchase and sale agreement of such real estate unit this agreement shall be signed within thirty days from the date of receipt by the notary, notarial chamber of the offer on its conclusion and (or) the draft agreement of purchase and sale of real estate.

The agreement providing alienation of real estate shall contain encumbrance of the privatized real estate unit by obligation in quality of essential condition to use it according to the purposes specified in part two of this Article within five years from the moment of its privatization.

During suspension of powers of the notary according to Article 14.1 of these Bases the privilege cannot be exercised.

The concession to other notary of the privilege to real estate acquisition is not allowed.

The transactions on privatization of the state-owned or municipal property and other transactions directed to paid alienation of the state-owned or municipal property and made with violation of the requirements established by this Federal Law and the legislation of the Russian Federation on privatization are insignificant.";

" (Except for requirements about achievement of age of twenty five years and availability of length of service for legal specialty)" shall be replaced with words 2) in part six of Article 19.1 of the word "(except for the requirements containing in Items 2 and 3 of part one of Article of 2 these Bases)";

Part the second articles 20 after the words "assistant notary" to add 3) with words "which conforms to requirements of parts one and the second Article of 2 these Bases, except for requirements about availability of length of service for legal specialty", to add with the new second offer of the following content: "The assistant notary replacing temporarily absent notary shall have length of service on legal specialty at least one year.";

4) in Article 22.1 part one:

a) in Item 1:

state paragraph two in the following edition:

"to the spouse, parents, children, grandsons depending on the amount of transaction:";

add with new paragraphs the third and fourth the following content:

"to 10 000 000 rubles inclusive - 3 000 rubles plus 0,2 of percent of real estate appraisal (amount of transaction);

over 10 000 000 rubles - 23 000 rubles plus 0,1 of percent of the amount of transaction exceeding 10 000 000 rubles, but no more than 50 000 rubles;";

third - the sixth to consider paragraphs respectively paragraphs the fifth - the eighth;

b) add with Items 12.9 and 12.10 of the following content:

"12. 9) for issue of the statement from the register of notifications on pledge of personal estate electronically - 200 rubles;

12. 10) for making of executive text - 0,5 of percent of the cost of claimed property specified in the agreement or the amount which is subject to collection, but at least 1 500 rubles and no more than 300 000 rubles;";

5) in Article 27:

a) add part one with words ", except as specified, established by these Bases";

b) add with new part three of the following content:

"Members of notarial chamber in addition to the fees specified in this Article bring in notarial chamber for the purposes specified in Article of 30 these Bases, the membership fee in the amount of fifty percent of the notarial rate levied for registration of the notifications on pledge of personal estate directed electronically.";

c) third to consider part part four;

6) in Article 30:

a) "activities coordination" to add part two paragraph two after words with the words "and control of activities";

b) third after the words "and to created" to add part with the words "including";

c) add with parts four - the sixth the following content:

"The federal notarial chamber creates fund of support of notariate in hardly accessible and sparsely populated areas, including at the expense of the fees arriving in Federal notarial chamber in the amount of fifty percent of the notarial rate levied for registration of notifications on pledge of personal estate. The federal notarial chamber annually creates the program of support of notariate in hardly accessible and sparsely populated areas.

For providing target expenditure of the fees brought in the amount of fifty percent of the notarial rate levied for registration of notifications on pledge of personal estate, the Federal notarial chamber opens in credit institution the separate bank account which is intended for expenditure of funds only for the purposes provided by this Article.

The means arriving on the separate bank account of Federal notarial chamber, formed as a result of assignments from the fees arriving in Federal notarial chamber in the amount of fifty percent of the notarial rate levied for registration of notifications on pledge of personal estate, and being at the command Federal notarial chamber according to Article 103.1 of these Bases are spent according to the decision of meeting of representatives of notarial chambers for the following purposes (in the amount of at least than ten percent of total amount of the arrived payments on each of the purposes):

1) forming of fund of support of notariate in hardly accessible and sparsely populated areas;

2) forming of compensation fund;

3) forming of fund of social support;

4) maintenance, operation, upgrade and development of unified information system of notariate;

5) content of Federal notarial chamber.";

Article 31 to add 7) with parts eleven and the twelfth the following content:

"The board of Federal notarial chamber is collegiate executive body of Federal notarial chamber and within the competence has the right to issue the acts obligatory to execution by notarial chambers and notaries.

The president of Federal notarial chamber is sole executive body of Federal notarial chamber and performs management of its current activities. The president of Federal notarial chamber performs coordination of activities of notarial chambers, will organize realization of control powers of Federal notarial chamber by implementation of scheduled and unscheduled inspections of activities of notarial chambers and will have the right to take part in work of governing bodies of notarial chambers.";

8) in Article 32:

a) add part one with words ", except as specified, established by these Bases";

b) add with new part five of the following content:

"Notarial chambers in addition to the fees specified in this Article bring in Federal notarial chamber for the purposes specified in Article of 30 these Bases, the membership fee in the amount of fifty percent of the notarial rate levied for registration of the notifications on pledge of personal estate directed electronically.";

c) the fifth to consider part part six;

Part the fourth Article 34.4 to state 9) in the following edition:

"After registration of the notification on exception of data on pledge of personal estate of the data on adequate notices, including notifications on exception of data on pledge of personal estate, are provided within three months from registration date of the notification on exception of data on pledge of personal estate. After the specified term of the data on adequate notices, provided by this Article, are not provided, their search is not performed.";

10) in paragraph one of part one of Article 35 of the word", engaged in private practice," to exclude;

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