“Notaries will have to work: the legislator has agreed with the Supreme Court of the Russian Federation” — Tatiana Tereshchenko’s note
Not too long ago, there was resonance regarding one court case in which the Supreme Court of the Russian Federation stated his position about the differences between notarial tariffs and some legal and technical services, the cost of which is the vast majority of the payment. The hereditary case became indicative when the applicant refused to pay more than 11,000 rubles for legal and technical services that he did not ask for.
The the Supreme Court of the Russian Federation indicated that legal and technical services are not mandatory for the performance of a notarial act. For notary in order to demand payment for such services it is necessary to explain what they consist of and to obtain the consent of the applicant for their fulfillment. At the same time the notary's concern for the protection of the rights and interests of the applicants is his duty under the law and has to be carried out by a notary for free, so to speak, in the nature of his activities.
The State Duma of the Russian Federation reacted to the situation and adopted in the second reading amendments to the Fundamentals of Legislation of the Russian Federation on the notary. According to the draft law, legal and technical services should include legal analysis of documents and information, advices on the application of legislation and so on, the production of documents and copies, the preservation of documents or deposited property.
The question arises: are such amendments sufficient? After all, the essence of the position of the the Supreme Court of the Russian Federation is simple - it is necessary to pay for the quality work. Are all notaries ready to actually "break away from their activities" and begin to act as consultants, how exactly should the analysis be done (orally "I read, everything is ok" or in writing), what will this consultation be and who will check the quality?
It's also interesting if the notaries are entitled in case of receiving a complex contract and the applicant's desire to consult, seek help from outside specialists? What do you think?