Appeal against the notary ' s actions

If you think an official like a notary has violated your rights, you can start a procedure – an appeal against the notary's actions and the result you want.

In order to ensure that the procedure for appealing against acts (inactions) most often related to the question of inheritance is carried out correctly, it is worth seeking the assistance of our inherited lawyer.

Who can replace the notary?

There are private cases in which a notary may be a different official; for example, the master of the ship, the chief physician of the medical institution, the military commander and the head of the place of deprivation of liberty may confirm the will.

This is for understandable reasons of limited time and lack of access to the authorized notary.

As an appeal against the actions of a notary, you can apply to the courts for protection of your interests and against the actions of those persons.

When a notary may refuse his services:

If notary action is unlawful

1. If the documents submitted do not meet the legal requirements
2. If the document is to be certified by another notary,
3. If the notary is approached by an incompetent or a representative who does not have proper authority
4. If the documents are filed by a legal person and the transaction is not in accordance with the company's charter

Procedure for appealing against the actions of a notary

Judicial practice shows that it is most common for citizens to appeal against a notary ' s refusal to perform his or her direct duties; sometimes notaries ' actions are lawful, but in most cases the refusal or error can be challenged in court or by filing a complaint with the notaries ' chamber of the entity.

If you have received a refusal from a notary, he must, within 10 days, explain his refusal in a written decision indicating the reasons and the procedure for appeal.

If, in your opinion, the notary has committed incorrect or unprofessional acts, they can be appealed to the court, but of course, there must be hard arguments and proof of the fact.

There is a certain procedure for appealing against the actions of a notary:

1. To file an application with the court within ten days of notification or refusal of notary action.
2. The application to the court must contain the complainant ' s OSI and his place of residence, as well as the notary ' s FIO, whose actions or omissions we appeal against.
3. It is necessary to indicate to the court where the notary office is located a description of the notary act with which you disagree, the grounds for the statement and the evidence
4. If you appeal against the notary ' s refusal to certify documents, these documents must be submitted, which you believe must be certified.

The court then hears your application and either approves it or does not grant it, and the notary is already obliged to execute the judgement.

Other matters that our Crown Counsel is willing to resolve for you:

If, for example, you wish to initiate the process of contesting a will, it is recommended that the court submit genuine documents, which are certified by the notary(s) or by them, proof of the heir ' s rights or request them if they cannot be provided.

State for appealing against the notary ' s actions

An appeal against an act taken by a notary or a refusal by a notary to perform an act is based on an appeal against an official ' s action; the procedure for an appeal is established by civil procedure law, while the amount of the State party ' s request for such action is tax-based.

IMPORTANT:: A compulsory fee is required prior to the filing of a claim before the court.

The State is responsible for hearing a case such as an appeal against a notary ' s actions or omissions in court, which amounts to 2,000 roubles for organizations and 300 roubles for citizens.

In the case of an appeal against the actions of a notary in filing an application, the fee shall be paid before the application is filed with the office of the court; in the application, the plaintiff shall mark it if it is exempted on any grounds from payment of the public service; in the case of payment of the fee, it is desirable to state in the application the amount of the fee paid and the particulars of the document confirming payment.

Time limit for filing a complaint against notaries

The time limit for filing a complaint against a notary ' s act or refusal to do so is 10 days.

This time limit is not time-consuming, so that its permit cannot be considered by the court as a ground for refusing to accept the application.

The reasons for the delay shall be considered in the preparation of the case for trial, and the reasons for the delay and the grounds for its reinstatement shall be considered.

As a general rule, severe illness, inability of a person unable to file a complaint and other compelling reasons may be valid reasons for citizens.

There are no valid reasons for the organization to delay the filing of a complaint against a notary.

Can we appeal against the notary's actions without going to court?

Thus, if you want, for example, a compulsory share (law that supports mainly minor children and dependent heirs) and a notary refuses to give proof of the documents or initiate the process of inheritance, you have every right to correct the situation. Citizens generally do not have sufficient knowledge to challenge the actions of the notary, your problem will always be assisted by an attorney in inheritance cases.

Appeal against the notary ' s actions

A court appeal against a notary's actions is the main way to defend his rights in the event of refusal of a notary service or improper notary action, but in some cases a complaint may be lodged with the notary chamber and (or) the prosecutor's office.

Judicial procedure for appealing against the actions of a notary

The filing of a complaint against the actions of a notary before a court is a special appeal procedure provided for by Chapter 37 of the Criminal Code of the Russian Federation in cases of refusal or improper execution of a notary act.

Features:

The complaint is filed in the form of an action and is dealt with in court proceedings, but subject to the requirements of Chapter 37 of the Criminal Code of the Russian Federation.

Pre-trial procedures are not required.

The complaint is limited to two cases:

• Refusal to perform notarial acts (any, for example, if an appeal against a notary ' s actions is necessary);
• In the complainant ' s view, the notarization was incorrect.

The defendant is a notary and also a person authorized by law to perform notary acts.

The plaintiff is the person who applied for a notary action.

The court is a district (city) court at the place where the notarization took place.

The statute of limitations is 10 days from the date on which the complainant became aware of the violation of rights, whether the notary act was wrongful or refused.

On the basis of the outcome of the proceedings, depending on the subject matter of the claim, it is decided:

• Rescission of improper notarization;
• The obligation to perform a notary act;
• Refusal of the plaintiff ' s claim.

An application for review of notary actions is made in accordance with the general rules (arts. 131-132 of the Criminal Code of the Russian Federation) - there are no special requirements.

However, given the nature of the dispute, it is important to argue the claim, to confirm the existence of the grounds for the claims and their validity.

• Refusal to perform a notary act was unlawful (unjustified);
• or the notary act was not carried out correctly, with irregularities (as specified in the claim) in the established procedure for notarization.

The practice of appealing against the actions of a notary suggests that the judicial procedure provided covers the bulk of disputes between notaries and persons seeking notaries.

However, in a number of situations, the right to appeal against the actions (inactions) of a notary to a notary or prosecutor ' s office may be exercised.

It was true that the key point should be taken into account: if the subject matter of the dispute was subject to judicial review, the involvement of other bodies might delay the decision; neither the notary Chamber nor the Public Prosecutor ' s Office could replace the courts and would not do so.

Complaint to the notary chamber

In particular, it is possible to complain to the notary chamber:

1. A violation of professional ethics;
2. Disruption of casework, rules (mode, conditions) of work (work);
3. Irregular claims by a notary;
4. Any violation of the law;
5. To make professional errors in the performance of a notary act;
6. The illegality of notarization;
7. non-compliance with notary secrets.

The complaint against the notary ' s actions (inaction) must reflect the specific violations, how they violated the complainant ' s rights (interests) and the evidence supporting the claim.

The complaint is submitted in writing, sent directly to the notary chamber (may be by post) and is the basis for an exceptional review of the notary ' s activities, and the verification results in an act in which the alleged violations are either confirmed or not.

If a complaint is found to be well founded, the notary ' s chamber may indicate to the notary (recommended) the need to remedy the violations; in the same way as the court, i.e. the notary ' s obligation to perform or cancel the notary ' s act, the notary ' s chamber may not.

Therefore, the appropriateness of applying to the notary chamber is examined individually.

Complaint to the Prosecutor ' s Office

The Public Prosecutor ' s Office is a universal body for the purpose of challenging unlawful acts (inactions) of a wide variety of bodies; in the event of a complaint against a notary, the Public Prosecutor ' s Office should be contacted if there are doubts as to the legality of the particular acts (in general) of the notary or if you are certain that any acts (inactions) are illegal.

The complaint to the Public Prosecutor ' s Office is written and the content is free, and as part of the examination of the complaint, the Public Prosecutor ' s Office checks the conformity of the actions (acts) of the notary with the law.

Like the notary chamber, the Public Prosecutor ' s Office cannot order a notary to perform or cancel a notary act.

But a prosecutor's review could be a source of evidence for the trial.

Important nuances in the analysis of the lawfulness (inactivity) of a notary ' s actions

The procedure provides that, in the event of refusal to perform a notary act, the notary must provide a written explanation of the reasons for the action and explain the procedure for appeal; in order to avoid formality, the notary ' s decision should be shown to the lawyer for legal analysis and determination of its validity (legality).

Another frequent ground for complaint is the notary ' s request for documents that the complainant considers to be unnecessary.

The problem is that such requirements by a notary, in the vast majority of cases, will easily result in the need for legal verification to ensure the legality and validity of the notary act.

There is only one way to win a case against a notary in court — indeed, claims go beyond justification.

Finally, many cases of complaint against a notary involve, in the complainant ' s view, unlawful (misdirected) notarization; in this case, the complaint must be based on a clear violation of the established procedure for notarial action or its apparent illegality.

The plaintiff must prove such facts; since it is not easy to do so, it is advisable to consider the possibility of first filing a complaint with the notary chamber for verification; notary documents must be submitted to the court for access to and receipt of them.

Appeal against the notary ' s actions (inactions)

• The right to appeal against the actions (inactivity) of the notary is granted to every citizen who considers that his or her rights have been violated.
• An application containing a complaint against the notary ' s actions (inaction) shall be filed with the court located at the notary ' s seat.
• A complaint against a notary must be brought before a court not later than 10 days after the complainant had learned of the acts that he intended to appeal.
• On the basis of the outcome of the complaint, the court may order the notary to perform certain acts or declare the acts already performed by the notary to be illegal.
• A notary is not necessarily required to act as a respondent in an application for review of notary actions.

In exceptional cases, a public official may act as a notary; for example, the chief or duty doctor, the captain of the ship, the commander of the military unit, the head of the correctional facility or the head of the expedition, etc., may certify the will.

1. If you believe that this official has violated your rights to perform certain notaries, you can file a complaint with the court.
2. What needs to be remembered when preparing a complaint
3. Before filing a complaint against the notary ' s actions (inactions) with the court, two questions must be answered:
4. (1) Which provision of the law has been violated by the actions (inaction) of the notary
   (2) Which rights of the complainant, protected by law, have been violated by the actions (inaction) of the notary
5. When preparing a complaint, it is necessary to provide a response to both paragraphs, up to a decimal point and a paragraph in the law.

The content of the complaint itself is similar to the content of the statement of claim; the chapeau should indicate the details of the court to which the complaint is lodged, the information on the applicant and, if necessary, the persons concerned.

The description should contain information on the date, time and place of the address to the notary, the substance of the request; if there is a copy of the request, it is desirable to include it in the complaint.

You have to give details of the notary action you asked for and describe the notary ' s response, the reasons given and the reasons for the decision, i.e. the reasons for the refusal. Please attach a copy of the reply.

Then describe why you disagree with the notary's decision, as you see violations of the law.

The sentence should state that you are asking the court to declare illegal or to force a notary to do so.

It is also desirable to understand the difference between action and inaction.

ActionThis is a certain activity, i.e. the commission of an act: the certificate of will, the issuance of a certificate of right to inherit, and so on.

InactionIt's a lack of activity, which means a complete lack of reaction to your appeal.

For example, you have applied for an inheritance. After the expiry of the prescribed period, the notary does not give you a certificate or a refusal to obtain it.to appeal against failure to act.

The other option is that the notary considered your application and refused you a certificate.Appeal against actionexpressed in a refusal.

The document should include the official details: date, place of writing, substance of the document, signature, title.

On the basis of experience, notaries are very careful about their own activities and are not easy to find obvious irregularities in their work.

Thus, my recommendation is:
Before challenging the actions (inaction) of the notary, determine where the law states that you have certain rights.

And then form exactly what the notary has done to violate your rights.

It would be desirable to have the assistance of a lawyer.

How to appeal against the actions of a notary without going to court.

Each notary is a member of the notary chamber of the entity in which he works.
All the notaries of the 82 constituent entities of the Russian Federation are merged into the Federal Notary Chamber.

1. Thus, any notary who operates on Russian territory is a member of the Federal Notary Chamber.
2. The Chamber is composed of a Commission on Ethics, Professional Honour and Image, which examines issues of internal corporate ethics, the relationship between notaries and clients, the organization of notaries ' activities and the monitoring of the implementation of the professional code of notaries of the Russian Federation;
3. This document, the professional code of notaries of the Russian Federation, contains very interesting provisions, some of which are as follows:

• Do notarize if you are certain that you are acting within the limits of the law, allow doubt before the act is committed; refrain from acting even in the slightest doubt as to its legality and correctness;
• Pay tribute to the Truth;
• Be careful;
• Study materials with a high degree of sensitivity and care;
• Advise Honor;
• Be guided by justice;
• Restrict yourself to the Law;
• Work with Dignity;
• Remember, your mission is to avoid civil disputes.

There are also someResponsibilities......................................................a notary who should be remembered:

• A notary is obliged to refuse to perform a notary act if the requirements of a person are outside the scope of the law.
• The notary is obliged to keep the secret of the notary act performed.
• The notary is obliged to inform the applicants of the amount of the tariff for notarization prior to the notary act
• A notary must not be subject to third-party pressure or political influence, but must strictly observe the requirements of the law and the legitimate interests of those who applied for it.

However, no attempt should be made to use the professional code of notaries as a rule of law in court.

The violation is subject solely to disciplinary liability, which is imposed on the notary himself by the notary community itself, or more specifically by the authorized body of the management of the notary chamber.
The disciplinary measures include a remark, a reprimand and a strict reprimand.

If there is some critical mass of complaints against the notary and disciplinary sanctions imposed, a petition may be filed with the court to deny the notary the right to engage in notary activities.

Appeal against the notary ' s actions by inheritance

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In order to obtain the right to inherit, the heir must contact a notary, and the notary opens the case and carries out the necessary procedures; in practice, however, people often find it difficult to inherit, often because of the wrong actions of the notary.

What can be done in such situations?Appeal against the actions of a notaryand how it happens, can it help?Legacy counsel♪ We'll figure it out in this article ♪

Before we startAppeal against a notary ' s actions by inheritanceit is necessary to know what its actions are normal and lawful and what may be considered to be unlawful.

For example, the heirs often complain that the notary requires too many documents to be collected, but first it is necessary to understand the details: perhaps the requirements are well founded, these are really needed, and they should be prepared by the applicants for the inheritance, not by the notary.

The following are clearly wrongful acts:

The imposition of unnecessary additional services

Very often notaries take advantage of their monopoly position (remove one to another, but very difficult and difficult) and force the heirs to acquire additional services that are irrelevant to the inheritance case; such actions are illegal and subject to appeal;

Unmotivated refusal to receive the share

If the prospective heir is refused by a notary, he or she follows the existing rules and acts in accordance with the letter of the law (e.g. the he or she is found to be unworthy, not mentioned in the will, missed the date of succession, etc.), but in some cases the refusal has no legal basis and may therefore be appealed;

Issuance of a certificate of inheritance to a person who is not entitled to do so

Sometimes a notary may, by accident or intentionally, recognize a person as an heir who is deprived of such a right; consequently, this infringes the rights of other heirs and constitutes a ground for appeal;

Delays in the processing of the case

There may also be other reasons for challenging the actions of a notary – for example, unjustified overestimation of the cost of services, actions contrary to the law in force, etc.

If you are not satisfied with the actions of the notary and want to file a complaint, there are several instances where this can be done.

The authority responsible for the general supervision of all notaries to ensure that they respect the legality of their actions may also be referred directly to the Ministry of Justice, which is under the authority of the Notary Chamber;

If you are satisfied that the actions of the notary violate the law, you can file a complaint with the local prosecutor ' s office; if the complaint is found to be well founded, the prosecutor will take the necessary action to protect the interests of the citizens;

If it is not possible to obtain justice in previous jurisdictions, it is possible to bring an action before a court. An appeal against the actions of a notary is the most likely outcome (if the wrongful acts of a notary have actually taken place).

If you have decided to challenge the wrong actions of a notary by inheritance, the legal algorithm must be followed.

Procedure for appealing against the actions of a notaryNext:

Preparation and filing of a complaint with the Notary Chamber or the Ministry of Justice

The complaint is processed in writing and filed by the complainant in person, followed by a 30-day period within which the organization must verify and respond to the notary ' s actions; the verification of the facts referred to in the complaint is sometimes delayed, and the complainant must indicate the time limit for the preparation of the reply at the end of the said period.

Submission of a complaint to the Public Prosecutor ' s Office

If previous steps have not had an effect, the only option remains the filing of a lawsuit.Application to appeal against the actions of a notaryThe claim shall be brought before the district court where the defendant is located (in this case the notary) and shall contain such information:

• Data of the plaintiff and defendant, name of the court;
• The reason for the treatment is malpractice/inaction of the notary;
• The circumstances are to describe in more detail the substance of the matter, what actions you consider to be unlawful (illicit) and why;
• the requirement to revoke the notary's order, the refusal to issue a certificate of succession, etc., depending on the reason for the appeal.

The application is accompanied by documents which may help to establish the truth – a copy of the notary's decision, documents for the right to inherit or for the absence of such rights from another person, claims for services unrelated to the inheritance case, etc.

If the court can convince the court, it will decide in your favour.

It is recommended that the services of the notary be used to better challenge the actions of the notaryHeirs ' Counsel.

A specialist with experience in such cases would be able to find a violation in the notary, collect the necessary documents, assist in drawing up a complaint or a lawsuit.

His direct involvement in the trial further increases the chances of a positive outcome.

Conclusion

If you believe that the notary ' s actions by inheritance are unlawful, violate your rights, you can appeal them to the Notary Chamber, the Public Prosecutor ' s Office or the court. In order to improve the chances of a successful appeal, it is recommended that a complaint be lodged with the Public Prosecutor ' s Office, the Public Prosecutor ' s Office or the Court.with the assistance of a lawyer.

Procedure for appealing against the actions of a notary

• One of the most important guarantees for ensuring the legality of notary activity and ensuring the rights and legitimate interests of citizens is the possibility of appealing against acts (inactions) of notaries as well as persons authorized to perform individual notaries.
• The basis for the legislation of the Russian Federation on notaries (hereinafter referred to as the Basic Principles) provides that refusal to perform notary acts or improper commission of notaries acts shall be subject to judicial review.
• Notaries working in public notaries, private notaries, consular officials, heads of local settlement administrations and specially authorized local self-government officials of the settlement in the absence of a notary are authorized to perform notary activities.

It should also be noted that other persons have the right to certify wills, for example, in accordance with article 1127 of the Civil Code of the Russian Federation, notarized wills are treated as notarized wills:

1. Citizens who are treated in hospitals, hospitals, other in-patient institutions or living in homes for the elderly and the disabled, certified by the chief doctors, their deputy medical doctors or on-call doctors of these institutions, as well as hospital directors, directors or chief doctors of homes for the elderly and the disabled; citizens who are on board vessels flying the flag of the Russian Federation and certified by the masters of these vessels;
2. Military personnel, and in military units where there are no notaries, also the will of civilians working in those units, members of their families and members of their families, certified by commanders of military units;
3. Citizens in places of deprivation of liberty certified by the directors of places of deprivation of liberty.

The rules for notarization by these persons are strictly defined by the legislation of the Russian Federation.

Article 48 of the Framework defines cases in which a notary may refuse to perform a notary act:

• If the commission of such an act is contrary to the law;
• If the act is to be performed by another notary;
• In cases where a request for a notary action has been made by an incompetent citizen or by a representative who does not have the necessary authority;
• If a transaction performed on behalf of a legal person is contrary to the purposes specified in its statute or regulation;
• if the transaction does not comply with the requirements of the law.

If a citizen has received a refusal to perform a notary act, at his request the notary shall, within ten days of the request for a notary action, issue a reasoned decision denying it, which shall set out in writing the reasons for the refusal and the procedure for its appeal.

Under article 49 of the Constitution, an interested person who considers a notary act or refusal to perform a notary act to be improper may lodge a complaint with the court at the place where the notary office or authorized official is located.

At the same time, the persons concerned should include the nationals and legal persons against whom the notary act has been committed or who have been refused to do so.

Other persons whose rights and legally protected interests have been affected by a notary act or by a refusal to perform it are entitled to defend their violated right or interest by bringing a claim before a court.

The application shall be filed with the court within 10 days of the date on which the applicant became aware of the notary act or of the refusal to perform the notary act.

The statement of a person who considers that a notary act has been wrongfully performed or refused to do so is a basis for the court to consider the case; such a statement must contain all the necessary data for the correct and timely permission of the court.

In particular, information on the applicant (F.I.O. and place of residence), F.I.O.

A notary or official who has committed or refused to perform the act complained of, the location of the notary office, notary or official, the identity of the other persons concerned, the information on the notary act with which the applicant disagrees or has been denied, the circumstances on which the statement is based and the evidence supporting the circumstances set out in the statement.

On the basis of the nature of the application, the applicant must also submit genuine notarized documents (trust, will, etc.) or documents issued by the notary (e.g. a certificate of right to inherit).

• In the event of an appeal against a refusal to perform a notary act, documents shall be submitted which, in the opinion of the applicant, must be notarized or certified, as well as a decision by the notary or other authorized official to refuse to perform the notary act.
• The Court, having considered the application in special proceedings, shall either grant it or refuse to grant it.
• In accordance with the Code of Civil Procedure of the Russian Federation, the decision of the court, which is satisfied with the application for or refusal to perform a notarized act, abrogates or obliges the performance of a notary act.

In addition, in accordance with art.

34. The monitoring of the exercise of professional duties by notaries working in State notaries offices is carried out by the federal executive bodies, which exercise control in the sphere of notaries and their territorial bodies, i.e., the Ministry of Justice of the Russian Federation and the Office of the Ministry of Justice of the Russian Federation on the subjects of the Russian Federation and notaries engaged in private practice are notarized chambers.

If a citizen disagrees with the actions of a notary or his refusal to perform a notary act, he may file a complaint with the notary chamber or the territorial authority of the Ministry of Justice of Russia.

During the examination of the complaint, explanations and necessary documents are requested from the notary concerned.

The right to appeal against notary acts is best guaranteed to protect the rights and legitimate interests of citizens and legal persons when they apply for notaries.

Statement of notarization

What is a statement of notarization? Will a complaint against a notary solve problems? How is it appropriate to prepare and file a complaint before a court? How can a notary be compelled to perform his duties?

We'll answer these and other questions about the notary's appeal to the court, and if there's anything we don't understand, ask our lawyers more questions.

Appeal against the notary ' s actions

If, when you approach a notary, you encounter his bias, reluctance to perform his duties or improper application of the law, the only effective way to protect your rights is to file a complaint against a notary before a court.

A complaint against a notary may only be brought before a court for an incorrect notary act or refusal to perform a notary act, which is specifically provided for in the Basic Principles of the Law on Notaries.

The rest of the notary ' s actions, which are not related to notarization, can be challenged before the appropriate notary chamber.

In accordance with the Code of Professional Ethics for Notaries in the Russian Federation, disciplinary liability is provided for notaries of State notaries and private notaries.

Repeated disciplinary proceedings may result in the release of a notary from his or her functions.

A notary ' s actions containing the elements of an administrative offence or a criminal offence may constitute an appeal to the relevant authorities.

Grounds for making a declaration of notarization

The grounds for filing an application or a complaint against a notary ' s actions before a court are improper notarization or refusal to perform a notary act, which is expressly provided for in article 310 of the Criminal Code of the Russian Federation.

That is, the applicant must first make a written application to the notary, receive a refusal or the notary will perform an incorrect notary action, which will be ordered, and then appeal to the court against the notary ' s action.

A notary may refuse to perform a notary act in the following cases:

• The commission of such an act is contrary to the law;
• The act is to be performed by another notary;
• A request for notarization was made by an incompetent citizen or by a representative who did not have the necessary authority;
• A transaction performed on behalf of a legal person is contrary to the purposes specified in its statute or regulation;
• The transaction does not comply with the requirements of the law;
• The documents submitted for notarization do not meet the requirements of the law;
• The facts set out in the documents submitted for the commission of the notary act are not confirmed in accordance with the procedure established by the legislation of the Russian Federation, provided that confirmation is required in accordance with the legislation of the Russian Federation;
• It is not possible for a notary to secure movable items transferred to the notary for deposit.

A notary must, at the request of a person who has been refused a notary act, state the reasons for the refusal in writing and explain the procedure for his appeal, in which case the notary shall, within ten days of the request for notary action, order the refusal to perform the notary act.

Compiling a complaint against a notary and bringing it to court

A complaint against a notary is made only after a written document has been received from a notary; otherwise the absence of such a document may lead to a refusal of the applicant ' s claim.

The application shall be made on behalf of a person who disagrees with the actions of a notary; the complaint shall be submitted to the district court at the place where the notary is located, whose actions are appealed; the application may identify other persons concerned if their rights or obligations are affected by the decision of the court (e.g. if the notary act against several persons is appealed).

If you file a complaint, you're gonna have to pay the mistress.

The current rate of payment for the Ministry of State is as follows:

I'm going to court.

The name of your application must be given — a declaration of a public notary act or a declaration of refusal to perform a notary act (the name of which is set forth in the Russian Code of Criminal Procedure); and the name of a petition before a court — a complaint against the actions of a notary (the name of which is provided for in the Basic Principles of the Law on Notaries).

In the text of the complaint against the notary, it is necessary to indicate when and on what matter the complainant has addressed, what acts were committed by the notary, why the complainant disagrees with them; the complainant ' s requirements must be in accordance with article 312 of the Code of Criminal Procedure of the Russian Federation; a request must be made to cancel the notary act or to oblige the notary to do so.

The court may consider an application without the applicant or notary appearing before a court (art. 311 of the Code of Criminal Procedure of the Russian Federation). On the basis of the practice of dealing with such cases, notaries usually do not appear before the court. At best, a notary may receive a written withdrawal from a notary.

Model statement of notarization or refusal, complaint against notary

• B________________________________ (name of vessel)
• Submitted by: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
• (FIO notary fully, address)

(FIO in full, address) Person concerned:

Procedure for appealing against the actions of a notary

Judicial review of a lawyer ' s actions

We turn to a lawyer very often. There's a lot of reasons for this. Sometimes you just have to make sure you have a document, sometimes you have to write a power of attorney, and sometimes it's about getting an inheritance. You have to talk to a lawyer anyway.

If the inheritance is performedby lawthe lawyer is required to issue a certificate of ownership to the heirs according to priority, and ifby willthe heir named in that act.

Succession disputes often give rise to a complaint against the actions of a lawyer, and some complainants seek to challenge the lawyer ' s conduct if, in their opinion, the specialist is deliberately delaying the procedure for obtaining the inheritance by asking for unnecessary information.

It is important to understand that the article describes the most basic situations and does not take into account a number of technical points.

Call and solve your questions right now -- it's quick and free!

If there was a situation in which a lawyer's work had to be challenged, there was no point in doing so in his office; the only option was to act in accordance with the law.

Procedure for appeals against the actions of a lawyer

There are several options for appealing against the actions of a lawyer: the first option involves pre-trial procedure; this involves resolving the problem ahead of schedule and not reaching a court; the complaint against the actions of a specialist is submitted to a higher authority, such as the notary division of the province or the judicial authorities that control the notary.

The second option isjudicial appeal.

Such an application is made solely on the basis of the location of the notary ' s office; the particular feature of such an appeal is that the applicant must provide factual evidence of a violation of his or her rights through the fault of a lawyer.Article 310 of the Code of Criminal Procedure.

The plaintiff ' s claims are usually limited to the restoration of his rights and compensation for the damage suffered; if the court considers the complainant ' s arguments to be true, it will take a positive decision on his claim.

Reasons for refusal of notarization by a lawyer

It happens that a notary refuses to perform a legal act; the reasons for a refusal are varied and legitimate; for example, the legal act itself does not fit the letter of the law, the documents are wrong or unreliable, and the requirements are laid down by an incapable citizen.

However, even if a notary is legally refused, he must record in writing the reason for his refusal and advise the employer on the possibility of appeal against such a decision.10 daysto order the act to be carried out.

Legal order denying legal action

The order must include mandatory data, such as:

• Date of issue;
• The details of the lawyer and his office;
• requisitioner ' s details;
• the object of the appeal and the reason for the refusal.

The notary is also required to indicate in the document which paragraph of the law he referred to when making a negative decision; at the end of the ruling, it is necessary to have a note on the possibility, procedure and timing of his appeal.

Compulsorily draftedtwo copies of the documentBoth are certified by a lawyer and registered in the register of outgoing documents; one copy is given to the employer and the other, with the employer ' s signature of receipt, remains in the notary.

Complaint against the action of a lawyer

If a lawyer refuses to perform a notary act, the employer has the right to file an application with the court; only the person who has been refused the service may appeal against the action of a specialist.

There are conditions in the law under which such cases are dealt with on a case-by-case basis; this is possible if the lawyer ' s actions are incorrect and even illegal.

In order for the application not to be returned, it is necessary to determine jurisdiction correctly, to indicate correctly all the details of the parties and to pay the necessary fees.Yes, ma'am..

Such a complaint is filed10 daysIf, for any reason, the time limit for the appeal has been missed, it is necessary to apply to the court for restoration of the appeal period; only if the time limit is restored may a lawyer ' s actions be appealed.

Judgement of the Court

The court may either deny the applicant compliance with his or her claims or grant his or her claim.

In granting the plaintiff ' s application, the court ' s decision requires the defendant to comply with the legal act; the court ' s decision must clearly state the act that must be performed by the lawyer.

A copy of the decision is given to the applicant and a second copy is sent to the address of the notary office.

If the judgement is not acceptable to any of the parties, the document may be appealed toCourt of Cassation.

Normally, the court ' s representatives are guided by the law, and if the plaintiff or defendant has violated this rule, it will have a negative effect on the judgement in its favour.

In Russian law, such cases were very often related to the procedure of inheritance or the division of property; it was precisely in the face of claims against a lawyer that the heirs challenged the property claims; judges tended to take the legal side in dealing with such cases.

Example of an appeal against the actions of a notary

L. ' s citizen asked the notary to assist her in making a will for her apartment, which was denied to her, and then she appealed to the court against the notary, but the court ruled against her.

The fact is, the woman didn't provide a full package of property that she wanted to bequeath, which she had been warned about, so the notary's refusal in this case was legal.

Conclusion

Legal action is not always legal; in order to deal with this situation easily, the following points should be made:

1. The actions of a lawyer are strictly regulated by the letter of the law.
2. To appeal the decision of the specialist, possibly both pre-trial and judicial.
3. A complaint against a lawyer shall be filed during the10 daysSince the issuance of the waiver document.
4. The complaint is filed at the location of the notary office.
5. The notary is required to write his refusal to perform notary acts.
6. The refusal order shall be issued within 10 days.
7. The refusal document is drawn up in two copies, one to be given to the employer and the other to the lawyer.
8. The refusal document must contain the parties in question, the place, the time, the reason for the refusal with reference to the law and an explanation of the manner in which the refusal can be appealed.
9. Only a person who has been refused can file a complaint against the actions of a lawyer.
10. The complainant is obliged to prove his right before the courts by providing all the necessary documents and legal grounds for his view.
11. If the decision of the court fails to satisfy any of the parties to the case, they have the right to appeal to the court of cassation.

Most popular questions and answers on how to appeal against notary actions

Question:Can I challenge the notary's actions on the grounds that he did not inform me of the law stating that such a document is necessary and that he has not substantiated the reason for the refusal? Do I have to provide a document like this, because the death certificate indicates the address of the deceased? Artem.

Answer:........................................................Artem, under article 310 of the Code of Criminal Procedure of the Russian Federation, which prescribes a procedure for appealing against the actions of a notary, you are entitled, within 10 days of refusal, to file a complaint with a court demanding that the actions of the notary be declared unlawful unless he has explained your rights and has substantiated his refusal.

If the court considers your claims to be objective, it will decide that the notary is obliged to perform all acts against you that are not contrary to the law, and this will be clearly stated in the decision.

Only then can you return to the notary and he will be obliged to perform the necessary services, provided that you provide a full package of documents.

If the place of discovery is wrong, there may be situations of an illegal nature and duplicate applications for a certificate of succession, so you can challenge the actions of the notary based on his improper conduct, but your actions were completely incorrect and the documents requested by the notary would have to be provided.