“Amendments to the Basics of legislation on notaries” — Tatiana Tereshchenko’s note

Nothing interesting about the division of notarial tariffs and services legal and technical nature of the legislation to be added (see earlier https://www.facebook.com/primeadvice/videos/1109942122494967/). But added the ability to apply for registration of the transfer of rights to property or a right of pledge through a notary.

So, if the notary certifies the contracts of alienation or pledge of property, the rights to which are subject to state registration (art. 81 of the civil code), he is obliged to check the ownership of the property to the person alienating or mortgaging, as well as the absence of restrictions on the rights, encumbrances of property or other circumstances preventing the commission of these contracts. The exception is in the check is made for cases of alienation of future things. On the one hand, this is good, since there is no definition of the future thing in the legislation, and the notary's check of the rights to the immovable thing can create unjustified obstacles in carrying out the necessary actions if the notary's opinion on the rights to the future immovable thing differs from the opinion of the interested persons. On the other hand, ensuring the legality and protection of the applicant's rights is still the responsibility of the notary.

After the contract is certified, the notary is obliged to immediately, but not later than the end of the working day or within the terms established by the parties to the contract, submit in electronic form an application for state registration of rights and the documents attached to it to the rights registration authority, if the parties to the transaction do not object to the submission of such an application by a notary.

This means that the parties are not obliged to use this service and the right to apply for registration on their own.

In general, this innovation is convenient and, most importantly, notaries will not remain without work. The opportunity will be available from 1 February 2019.