Нотариальная палата

Поэтому на должность исполнительного  директора может быть назначен член нотариальной палаты, не являющийся нотариусом, или любое иное физическое лицо, которое не является ни нотариусом, ни членом палаты. Трудовые отношения  с лицом, претендующим на занятие  этой должности, определяются трудовым контрактом, заключаемым от имени  нотариальной палаты президентом палаты. Исполнительный директор, используя  предоставленные ему полномочия, вправе:

- руководить работой аппарата  нотариальной палаты, осуществлять  приём и увольнение сотрудников  аппарата, соответствующее делопроизводство;

- по письменному поручению  президента распределять кредиты  и вести финансово-хозяйственную  деятельность нотариальной палаты  в пределах сметы, утверждённой  собранием членов палаты;

 

- по поручению президента  или правления представлять нотариальную  палату в федеральных органах  представительной, исполнительной  и судебной власти, соответствующих  органах субъектов федерации,  а также в коммерческих предприятиях  любой формы собственности, некоммерческих  организациях и общественных  объединениях.

Для осуществления контроля за соответствием ведения финансово- хозяйственной деятельности нотариальной палаты утверждённой смете собрание членов палаты избирает ревизионную  комиссию в численном составе  и на срок, определяемые уставом  нотариальной палаты. Члены ревизионной  комиссии являются нотариусами и  не могут входить в состав других выборных органов нотариальной палаты, а также в аппарат исполнительной дирекции палаты.

Председатель ревизионной  комиссии и его заместитель избираются членами комиссии из своего состава. Ревизионная комиссия проводит проверки финансово-хозяйственной деятельности нотариальной палаты и исполнения сметы  доходов и расходов по поручению  собрания членов нотариальной палаты, иных органов и должностных лиц  палаты, наделёнными уставом такими полномочиями.

О результатах деятельности комиссии её председатель отчитывается перед собранием членов нотариальной палаты. В случае выявления нарушений  ревизионная комиссия может требовать  от правления и президента палаты созыва внеочередного собрания членов нотариальной палаты. Следует также  учитывать, что проведение проверок финансово-хозяйственной деятельности нотариальной палаты по инициативе уполномоченных органов палаты могут быть поручено неизвестному аудитору – юридическому или физическому лицу, имеющему лицензию на осуществление аудиторской деятельности, - с которым заключается соответствующий  договор. Кроме того, аудитору может  быть поручено утверждение отчёта ревизионной  комиссии.

Анастасия Коврова

 

Список литературы:

Основы законодательства

Российской Федерации  о нотариате

Закон Российской Федерации  от 11.02.93 N 4462-1

Постановление Верховного Совета Российской Федерации от 11.02.93 N 4463-1

Ю. Н. Власов «Нотариат в  Российской Федерации: Учебно-методическое пособие». – М.: Юрайт, 200. – 464 с. – (Новая  юридическая литература ВЫСШЕЕ ОБРАЗОВАНИЕ).

В. С. Репин «Комментарий к Основам законодательства Российской Федерации о нотариате». – М.: Издательская группа ИНФРА-М – Норма, 1998.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Chamber of Notaries

 

1. The Chamber of Notaries

In Russia notarial acts in accordance with Article. 1 Basics committing notaries working in governmental notary offices, notaries public and private practice. According to the article. 34 by monitoring the execution of professional duties by notaries who work in the state notary's offices, judicial bodies carry out

(Ministry of Justice and the judicial authorities of subjects of federation), and the notary engaged in private practice- Notary Chamber (Federal Chamber of Notaries and Notarial Chamber of federal subjects).

Article 24 of the Framework states that the professional association of notaries in private practice, is a Notary Chamber, established in the form of commercial organization that acquires the legal right after its official registration. Decision to establish a Chamber of Notaries shall meeting of its founders, which adopts its statutes, recorded judicial authorities in the relevant subject of the federation in the manner prescribed for the registration of charters of public associations. At the founding meeting and formed the governing and controlling bodies of the Notary Chamber and elected officials: the president of the Chamber, the board, audit committee and others, which in turn are accountable to the Assembly Chamber. The main principles of the Chamber of Notaries are the transparency, governance, self-financing, legitimacy. As a legal entity Notary Chamber has the right to have a bank account, including foreign exchange, print legal address (the location of the executive body of the House), forms, stamps and other paraphernalia of a legal entity.

Notary Chamber necessarily created at the federal level and in each subject of federation. However, in the art. 24 basis of lack of a direct indication of whether at the federal level or in each subject of federation established by not one but two or more notary chambers.

 

Membership in the Chamber of Notaries is binding of private notaries and their assistants and interns who are appointed in a particular republic within the Russian Federation, an autonomous region, autonomous region, province, region, as well as in the cities of federal significance Moscow and St. Petersburg. In addition, members of the Chamber of Notaries may also be persons who have obtained a license to notarial activities (but not yet alternates the position of notary public), or want to get it, but for them to membership in the Chamber of Notaries is not necessarily a law that does not exempt them from paying dues. Federal and regional notary chambers operate in accordance with Russian legislation, the republics of the Russian Federation, basic legislation on notaries and their charters.

The Chamber of Notaries has separate property, may on its behalf acquire property and moral rights and obligations, sue and be sued in the court of general jurisdiction and arbitration courts. The Chamber is responsible for its obligations, its property, on which under Russian law could be foreclosed, but shall not be liable for the obligations of its members as well and as members of the Chamber of Notaries are not responsible for the obligations of the House. Estate Chamber of Notaries are not taxed on property of enterprises.

The Chamber operates on a self-financing: the main source of the budget of Commerce (funding sources) are the contributions of its members (private notaries). In addition, the Notary Chamber has the right to receive income from business and entrepreneurship (such as publications), by placing funds in bank deposits and other income from the use of the property and the Chamber of activities not prohibited by Russian law, provided, that these revenues are directed only to implement the goals of the Chamber referred to in its charter. Enterprises and institutions created by the decision of the Notary Chamber may, in accordance with legislation to acquire legal personality.

 

 

 

 

2. The powers of the Notary Chamber

RF legislation empowers the regional notary chambers broad powers, the terms which can be expanded in the charters of the specific Chamber of Notaries and the legislation of the Russian Federation. The competence of the Chamber of Notaries Art. 25 basis is: representation and protection of the interests of notaries - the members of the Chamber representative, executive and judicial authorities at the federal level and in the subjects of the federation, associations and various international organizations, including assistance in securing the protection of notaries Claims Presented to the commission of notarial acts, as well as assistance in obtaining the legally significant information in the framework of interstate legal assistance, provision of House members and assisting in the development of private notarial activities. The function of protection of social and professional rights of a notary is particularly relevant in the initial period of existence of private notaries. Requires a notary engaged in private practice and a real help in the provision of notary public facilities, interest-free loans for development activities, the organization of software and methodical providing notarial activities, etc.., Organize training of persons applying for a notary, and measures to improve training of notaries, since under modern conditions the notary must be a specialist of very high qualification. Training and education directly related to the powers of the Notary Chamber, thus, cease to be a formality, will become a powerful tool for training new Notaries. Further training of notaries will greatly facilitate the detailed study of the Russian Federation legislation, proper application of the Unification of notarial documents, and the formation of a single notary practices, reimbursement expertise, appointed by the court for related to the activities of notaries. In connection with the development of private ownership of land, housing, means of production and the contract system, with the restoration bill and the lien will be constantly growing need for these examinations in order to secure performance of notaries duties assigned to them. Examination shall be held in the manner, timing and terms of individuals identified in accordance with Russian procedural law. Organization of insurance notary activity, which is an important administrative function of the Chamber, as in accordance with Article. 18 Fundamentals of a notary engaged in private practice, contracts for insurance of its activities and may not perform their duties without a contract of insurance.

In addition, the Chamber of Notaries shall supervise the implementation by private notaries, professional art. 34 Principles, which states generalizes the honey of Notaries, prepares and publishes guidelines and other necessary public notaries the information and reference materials.

This list of powers is not exhaustive, as the charters of Chamber of Notaries and the legislation of the Russian

Federation may provide for other powers, which in this case would also apply to the compulsory jurisdiction of a particular Chamber of Notaries.

 

3. The bodies of the Notary Chamber

The organization of the regional notary chambers is impossible without self-governing bodies of the notary. According to the article. 26 Principles of the supreme body of the Notary Chamber is a meeting of members of Chamber of Notaries. During the voting members of the Chamber of Notaries, which are by private notaries have a casting vote, and the assistants and interns notaries - a deliberative vote. In the period between meetings of the activities of the Chamber led by its elected assembly members of the board and president of the Chamber of Notaries. Control over financial and economic activities of the Notary Chamber shall elect meeting Audit Commission. The credentials of all of the Notary Chamber governed by its charter.

Typically, a collection of members of the Notary Chamber shall be convened by the Board at least once a year and is competent to decide if it was attended by at least half the members of the House, with voting. If necessary, can be convened extraordinary meetings at the initiative of the President, Board of Chamber of Notaries or certain parts of the charter members of the House, with voting. Meeting of members of the Notary Chamber approves the regulations of their activities. Decision of the meeting shall be deemed adopted by an affirmative vote of at least half of the present members of the House, with voting, a quorum is present. The manner and form determined by the charter of the House vote. The decisions made are made the decision meeting.

The competence of the meeting of members of Chamber of Notaries can be attributed: The election of the Board, the President and the Audit Commission, approval of budget revenues and expenditures of the Notary Chamber and its staff for a year, identifying with the body of Justice appropriate entity of the Federation the total number of notaries in the Notary District, hearing reports of the Board, President, The Audit Commission, other bodies and officials; complaints on rulings and decisions of the Board, the definition of membership fees and other payments; introduction of amendments and additions to the charter of the Notary Chamber, the statement code of ethics of notaries.

The competence of the Assembly of the charter of the Notary Chamber can be assigned and other issues related to its operations in accordance with Russian law on notary.

Board Chamber of Notaries elected assembly members of the Notary Chamber of Notaries, with voting on a proposal from the president. The Board is elected in the determination of the size and term. It is right to take decisions by majority vote of the board members for a quorum, which is at least half of the elected board members.

In case of equality of votes, the consideration transferred to the next board meeting with a call of absent members of the Board. Board meetings, usually held at least once a month.

Activities Board Chamber of Notaries shall be based on collegial governance, transparency and regular reporting to the members of the Chamber of Notaries and their involvement in the work of the Chamber of Notaries.

The competence of the Board of Chamber of Notaries may be assigned the following questions: The convening of the meeting of members of the Chamber of Notaries to determine the date and time of meetings, preparation of questions.  For consideration by the meeting (meeting agenda), the organization and implementation of solutions meeting the requirements of the statute of the Notary Chamber, together with the body of Justice relevant subject of the federation to exercise control over the execution of the rules of notaries notary office, the organization audits and implementation of control over the execution of professional activities of notaries, private practice, and to promote justice authorities in carrying out these inspections, as stipulated by the Fundamentals of cases in the court filing claims and the denial of eligibility for notaries notary; Education Commission, Sections and other subdivisions of the Notary Chamber to assist in fulfilling government objectives; training materials on within the competence of the congregation organizing events to raise the professional level and skills of private notaries, the implementation of cooperation with the Federal Chamber of Notaries, Notary Chamber disposal facilities in accordance with the approved Meeting House estimates, the creation and liquidation in accordance with legislation of enterprises, as well as institutions and organizations of the socially-living complex, which are necessary to carry out statutory tasks of the Notary Chamber; complaints against notaries engaged in private practice, review of cases of misconduct of members of the Notary Chamber and to make decisions on the imposition of disciplinary sanctions for perpetrators; consideration on behalf of the Meeting of the members of the Notary Chamber of other issues related to the activities of the Chamber.

In some cases where, for objective reasons can not convene an extraordinary meeting of members of the Chamber of Notaries or not a quorum of such meeting, decisions on particularly urgent matters within the competence of the Assembly may be taken by the Board chambers with their subsequent approval at the next meeting of the members of Chamber of Notaries.

The sole governing body of the Chamber of Notaries is president of Chamber of Notaries, which is elected from among the notaries in private practice, meeting members of the Chamber of Notaries for a certain period. Typically, the competence of the President of the Notary Chamber in its statutes can be classified:

 

- Leadership of the board;

- Mission headed by him in the Chamber of Notaries of the Federal Chamber of Notaries, Notary in international organizations, government agencies, commercial enterprises of any form of ownership, non-profit organizations and associations as well as conducting on behalf of the Chamber of Notaries of correspondence;

- Organization verification of complaints and other information about the activities of private notaries who are members of the Chamber of Notaries, And to make proposals for consideration by the Board of Commerce;

- Preside at board meetings of the Notary Chamber;

- Making decisions on the allocation of loans and about the conduct of financial and economic activities within the approved budget meeting of the Notary Chamber;

- Control and execution of the meetings of the members of the Notary Chamber and the Board of the Chamber.

Charter of the Chamber of Notaries may provide for the possibility of establishing other positions, in order to fulfill their substitutes persons governing and administrative powers. For example, when a large volume of ongoing work in the regional notary chamber could be elected vice-president, whose term matches the term of office of President of the Chamber of Notaries. In addition, the presentation of the President of the Notary Chamber Board may be appointed executive director of the Chamber of Notaries. Chief Executive Officer is established for the implementation of the current administrative and economic activity of the Notary Chamber, including business. Since in accordance with Article. 6 Basics lawyer shall not engage in self-employment and any other activity, other than a notary, research and teaching, as well as provide mediation services at the conclusion of contracts that in the aggregate amount included in the ongoing executive director of administrative and economic work of the House, this position can not replace any of the notaries who are members of Chamber of Notaries.

Therefore, the executive director may be appointed as a member of the Chamber of Notaries, which is not a notary public or any other individual who is neither a notary public or member of the House. Employment relationship with a person claiming to exercise this capacity, determined by labor contracts concluded on behalf of the President of the Chamber of Notaries Chamber. Executive Director, using the authority given to him shall be entitled to:

- Supervise the work of the apparatus of the Notary Chamber, hires and fires employees of the corresponding record keeping;

- At the written request of the president to distribute loans and to financial and economic activities in the Chamber of Notaries within budget approved by the Meeting of the Chamber;

- On behalf of the President or the Board to represent the Chamber of Notaries in the federal bodies of representative, executive and judicial authorities, the relevant bodies of subjects of the federation, as well as commercial enterprises of any form of ownership, Non-profit organizations and associations.

To monitor the compliance of financial and economic activities of the Notary Chamber approved budget meeting of members of the House elects the Audit Commission at the strength and duration determined by the charter of the Notary Chamber. Members of the Audit Commission are notaries and can not be part of other elected bodies Chamber of Notaries, as well as in the apparatus of the executive directorate of the House.

Chairman of the Audit Commission and his deputy are elected by members of the committee from its members. The Audit Commission carries out inspections of financial and economic activities of the Notary Chamber and the performance of income and expenditure on behalf of the Meeting of the members of the Notary Chamber and other bodies and officials of the Chamber, such powers vested by the charter.

The results of the commission, its chairman reports to the Meeting of the Chamber of Notaries. In case of violations of the Audit Commission may require the Board and President of Chamber of the Extraordinary Meeting of members of the Chamber of Notaries. It should also be borne in mind that audits the financial and economic activities of Chamber of Notaries on the initiative of the authorized bodies of the chambers may be entrusted to an unknown auditor - legal or natural person licensed to perform audits, which is the contract. In addition, the auditor may be requested to approve reports of the Audit Commission.

Anastasia Kovrova

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. The text is head-lined “The Chamber of Notaries”.

          2. The text is written by Anastasia Kovrova.

          3. The text is about the powers and the bodies of the Notary Chamber in Russia.

4. The text deals with the functions, role and action of the Notary Chamber.

5. According to the text, in Russia notarial acts make notaries working in governmental notary offices, notaries public and private practice.

6. More over, the Chamber of Notaries has separate property, may acquire property and moral rights and obligations.

7.  Besides, RF legislation empowers the regional notary chambers broad powers, the terms which can be expanded in the charters of the specific Chamber of Notaries.

8. In addition, the Chamber of Notaries shall supervise the implementation by private notaries, professional.