Electronic notary
the Russian Notaries who are engaged in the certification of paper documents will have a new function with the development of the electronic state. For Russians who do not want to join the computer, the notary will translate documents into electronic form and certify them with his own electronic signature. A single all-Russian database of notarial documents will be connected to the electronic government.
2024:6 thousand notaries joined the "Public services." You can sign up for them online
In July 2024, the possibility of online registration to six thousand notaries throughout Russia became available on the Public services portal. This represents more than 70% of the total number of persons skilled in the art. The innovation will significantly save citizens' time when applying for notarial services.
According to the press service of the Ministry of Digital Development of the Russian Federation, portal users can now not only choose the nearest notary and a convenient time to visit, but also indicate the necessary notarial action in advance, obtain a list of the required documents, and, if desired, send their electronic copies for preliminary preparation for reception.
Among the most demanded notarial actions are the certificate of power of attorney, the opening of hereditary affairs, the execution of consents of the spouse to the transaction, transactions of donation of property and the certificate of wills. Geographically, the service is most actively used in the Moscow Region, Krasnodar Territory, St. Petersburg, Khanty-Mansiysk Autonomous Okrug and Rostov Region.
To use the service, you need a confirmed account on the Public services portal. The development and implementation of this function is carried out within the framework of the national program "Digital Economy." Information resources and digital services of the notary not only provide citizens with prompt and reliable information, but also help to avoid contact with potential fraudsters.
The President of the Federal Notary Chamber of Russia Konstantin Korsik emphasized the importance of the new service: "This is a convenient tool that will make the appeal to the notary even more comfortable." According to Corsica, this innovation will contribute to a more prompt solution of citizens' issues related to notarial actions.[1]
2023
The increase in the number of notarial actions online by 5.5 times to 859 thousand.
In 2023, more than 859 thousand notarial actions were committed in Russia via the Internet, which is 5.5 times more than a year earlier. This is evidenced by the data of the Federal Notary Chamber (FNP), published at the end of April 2024.
It is noted that only those actions that do not require checking the real will of the applicant and which cannot violate someone's rights, cause real damage can be carried out remotely. By April 2024, 13 notarial actions online are available to Russians. With their help, you can, among other things:
- obtain an extract from the register of notices on the pledge of movable property;
- repay the debt by means of an executive inscription;
- take advantage of the notary's deposit to fulfill obligations;
- record evidence on the Internet;
- obtain a certificate of fidelity of the translation;
- transfer the electronic document to a notary for storage or send it to another individual or legal entity through a notary.
According to the FNP, remote certification is applicable to any type of transactions and agreements, since in this case the parties do not meet in person, but everyone goes to a notary convenient for themselves. All inspection steps and all safety guarantees are preserved. The number of such transactions in 2023 increased 2.2 times.
By April 2024, during the existence of four key registers and services of the digital notary, citizens turned to them almost 337 million times. Since the launch in 2017, citizens have used the service of checking notarial powers of attorney 18 million times. Almost 287 thousand times, users verified the authenticity of notarial documents using a QR code. Since its launch in the spring of 2018, people in the Russian Federation have applied to the register of hereditary affairs 19 million times. And people resorted to the help of the register of notifications about the pledge of movable property during its existence 299.6 million times.[2]
Ministry of Digital Development of the Russian Federation develops special digital power of attorney
The Ministry of Digital Development, Communications and Mass Media of the Russian Federation has taken up the development of machine-readable powers of attorney - digital documents with program code. This was announced on August 11, 2023 by the public and state organization "Russian Center for the Circulation of Rights to the Results of Creative Activity" (RCIS).
The Federal Tax Service and the Federal Notary Chamber are working on the project, which argue that the innovation will significantly reduce costs and facilitate complex document management processes. Citizens and legal entities will no longer have to carry with them physical versions of powers of attorney in order to present on request.
At the same time, according to the authors of the project, it makes no sense to abolish paper and electronic powers of attorney in PDF format, because access to a document of any format depends on the wishes of the client himself.
It is possible that soon the business will be obliged to use digital powers of attorney. As the project developers explain, a new document will be needed to confirm the powers of an employee who interacts with government agencies and counterparties on behalf of the company, the RCIS notes on August 11, 2023.
 | The innovation will add convenience to citizens and legal entities. It will not be necessary to carry with you and present a power of attorney physically, - explain in the Federal Notary Chamber. - The new system is an additional format, in our case - notarial power of attorney. Such a power of attorney can be processed automatically in the information system. |  |
By mid-August 2023, experts are developing possible formats of machine-readable powers of attorney. To do this, a special functionality is created in the Unified Notary Information System, which is based on the blockchain.[3]
The service of recording with a notary has been launched on State Public services
On July 1, 2023, a notary registration service was launched on the Public services portal. Residents of 75 regions of Russia have the opportunity to use this option, the Federal Notary Chamber (FNP) reported. Read more here.
2022
The demand for notarized digitization of documents in Russia over 5 years has grown 5 times
The demand for notarized digitization of documents in Russia over 5 years has grown 5 times. This was reported to the Federal Notary Chamber (FNP) in August 2022.
We are talking about a service in which a notary digitizes papers and certifies them with his enhanced qualified electronic signature. The certified copy remains valid, but it can be sent by email. In the first half of 2022, notaries have already committed 2.6 million such actions, and for the entire 2021 - 4.6 million. The chamber notes that in 2018, Russians applied for this service about 1 million times.
The FNP associates the growth in demand for notarized digitization of documents with the practical convenience of electronic document management. Speed is also important: for example, it is notarized digitized papers that allow you to avoid problems at the border when Russians leave with children (when permission to leave is transmitted electronically in the last hours or even minutes), the chamber noted.
{{quote 'It is often through notarial "teleportation" that at the last moment it is possible to transfer consent to the child's departure abroad and thereby get rid of problems at the border, - explained in the FNP (quote from Kommersant). }} Through a notary, you can also send papers to the court or to the same tax - this option became especially in demand in the COVID-19 coronavirus pandemic, when the courts and other instances suspended the full-time admission of applicants, which is why many risked missing the deadlines for submitting documents. In the corporate sphere, this action is in demand in terms of sending notifications on transactions, where notarial confirmation is important - for example, to notify LLC about a transaction. In addition, it is through the notary of the legal entity that information about their activities is often transmitted to Fedresurs, as well as information about bankruptcy in the EFRSB, the FNP reported.[4]
Russian Post implemented the exchange of electronic powers of attorney through the FTS blockchain platform
The Federal Tax Service and Russian Post signed a roadmap for testing a unified technology for exchanging machine-readable electronic powers of attorney through the blockchain platform of the Federal Tax Service of Russia. This was announced on June 15, 2022 to TAdviser by representatives of the Russian Post. According to them, the distributed registry network node will start working in Mail. Read more here.
2021
Simple powers of attorney in Russia were allowed to be canceled via the Internet
At the end of November 2021, the State Duma of the Russian Federation in the third (final) reading adopted a law simplifying the procedure for canceling powers of attorney in simple writing (which were not notarized).
In accordance with the adopted changes, it will be possible to cancel the power of attorney without printing a notary via the Internet. To do this, on December 29, 2021, on the basis of the Unified Notary Information System, a register of orders to cancel powers of attorney issued in simple writing will be launched.
Powers of attorney in simple writing can be canceled in one day, and without visiting a notary office. To publish information on the revocation of the power of attorney, the principals will have to send an appropriate order through the Internet portal of the Federal Notary Chamber (FNP), having previously certified the UKEP document. As confirmation of the placement, the principal will receive an electronic notification.
Access to registry information will be free. If necessary, the data will be able to use the bodies of state and municipal administration - through the system of interdepartmental electronic interaction. The user will also be able to receive an extract from the register when visiting a notary. It will be provided both in paper form and in electronic format with an enhanced qualified electronic signature of a notary.
According to notaries, this is one of the important steps towards the transition to electronic powers of attorney and secure digital document management in general, Interfax reports.
| | The adopted law is aimed at ensuring the possibility of publishing information on the abolition of powers of attorney not notarized. This measure will become an additional protection of citizens, ensuring the ability to quickly cancel the issued power of attorney and bring the information to a wide range of people, "said Vladimir Gruzdev, chairman of the board of the Russian Bar Association.[5] | |
Rosreestr registered the first electronic transaction remotely certified by two notaries
On June 1, 2021, the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) announced the first electronic transaction, which was remotely certified by two notaries.
We are talking about the fact that Rosreestr registered ownership of an electronic transaction for the purchase and sale of a real estate object, in which the technology of remote certification of the transaction by two notaries was used. The seller and the buyer, located in different regions of Russia (in the Krasnodar Territory and the Amur Region), performed all procedures remotely thanks to electronic interaction between Rosreestr and the Federal Notary Chamber (FNP).
First, the participants in the transaction on the ground submitted documents to notaries, who then contacted each other through the Unified Notary Information System and certified the transaction. Each of the participants signed the documents with a simple electronic signature on a special tablet. After that, the notary of the Krasnodar Territory sent an electronic package of documents for registration to Rosreestr.
Rosreestr noted that the service for registering rights for remotely certified transactions was developed as part of the development of cooperation with a notary.
According to the President of the FNP Konstantin Korsik, "the possibility of remote certification of transactions by notaries, primarily with real estate, creates qualitatively new, protected and at the same time convenient mechanisms for making transactions as soon as possible."
Deputy Head of Rosreestr Elena Martynova, who oversees the digital transformation of the department, stressed that the mechanisms for helping applicants in remote transaction formats significantly save clients' time and finances, and also exclude travel costs between cities for joint presence at the transaction.[6]
FNP creates a single IT system for canceled powers of attorney
On April 26, 2021, it became known about the creation in Russia of a single register of canceled powers of attorney on the basis of a single information system of the Federal Notary Chamber (FNP).
According to TASS, the Information Agency of Russia with reference to the President of the FNP Konstantin Korsik, it is planned to adopt a bill on the register of canceled powers of attorney, originally drawn up in simple writing. The register will be launched on the basis of the IT system of the Federal Notary Chamber, since it already has similar experience in relation to the abolition of notarized powers of attorney, he said in an interview with the Russia-24 TV channel.
The agency recalls that the Civil Code stipulates that when canceling a power of attorney, it is necessary to notify a citizen who was issued a power of attorney, as well as third parties to whom he had to submit a power of attorney. In turn, the notary enters information on the cancellation of a notarized power of attorney into the register of notarial actions.
Earlier, the FNP submitted to the State Duma a bill providing for the creation of a register of notifications on the abolition of powers of attorney. This register is necessary to regulate the turnover of electronic powers of attorney - a new format that will be increasingly in demand with the development of the digital economy.
It is planned to entrust the register of notifications on the abolition of powers of attorney to a notary, and information on the cancellation of a power of attorney issued in electronic form can be sent remotely via the Internet.
With the launch of a new electronic service, it will be possible to cancel the electronic power of attorney promptly, around the clock. In this case, third parties will be considered notified of the cancellation of the document the day after the entry of information into the register.
In April 2021, the FNP reported that more than a third of all appeals to notaries relate to services with a "digital" component. In numerical terms, this is over 13 million notarial actions per year.[7]
Counterfeiting QR codes on notarial documents in the Russian Federation
On April 20, 2021, the Federal Notary Chamber (FNP) announced a new method of fraud - counterfeiting QR codes in notarial documents.
Since the end of 2020, a special marking has been applied to most notarial documents in paper form - a QR code in which the main details of the document are encrypted: information about applicants or their representatives, the date of notarial action, the type of notarial action and registration number, the full name of the notary, the notarial district of the notary. With the help of this QR code, anyone using a smartphone can check whether the present document was presented to him, or the seal and signature of the notary on the form are forged.
Fraudsters forge such codes on proxies and other notarial documents along with the papers themselves. After scanning such a fake code, the user finds himself on a website imitating a real portal of the information system of the Federal Notary Chamber.
Notaries themselves have other tools for verifying the authenticity of documents. But citizens may have problems, mainly in those cases if they interact with a fraudster by proxy. When checking documents, it is recommended to scan the QR code directly on the FNP portal notariat.ru. The section "Checking the QR code" is located in the "header" of the site. Before scanning, you need to allow the service to access the device camera.
If you check the document directly through the code scanner in your smartphone, the user can be directed to a fake site. The page that opens must have an address starting with ФНП.РФ. Otherwise, the document is counterfeit.
As noted in the chamber, the fakes that appeared were immediately revealed by notaries, since they verify the authenticity of the document in another way, and the attackers failed to harm the citizens.[8]
Launch Inheritance Search Service
On April 7, 2021, the Federal Notary Chamber (FNP) announced the full-scale launch of a service for the search for inheritance. It is available within the framework of the Unified Notary Information System. Read more here.
2020
QR codes began to be applied to notarial documents in Russia
On December 29, 2020, QR codes began to be applied to notarial documents in Russia in order to protect them from fakes. Such labeling cannot be duplicated, transferred to another document or otherwise deceive the system, the Federal Notary Chamber (FNP) said.
| | The appearance of QR codes on notarial documents also makes the existence of a criminal "market" of fake notarial forms meaningless - such fakes were previously instantly detected by notaries or state bodies upon their presentation if they sent a request to the notary's EIS, the chamber said in a statement. | |
According to TASS, the Information Agency of Russia, protection by QR codes is introduced for most notarial documents, including power of attorney, wills, marriage agreements, inheritance agreements, agreements on the payment of alimony, rent agreements, collateral, purchase and sale, consent of spouses to alienation of property, etc. The code is placed in the lower right corner of the document.
The QR code encrypts the main details of the document: information about the applicants or their representatives, the date of notarial action, the type of notarial action and the registration number, surname, name, patronymic of the notary, notarial district of the notary.
Anyone can verify the authenticity of a marked document by pointing the smartphone camera at the QR code. If the document is registered in the system, then it is not forged, explained in the Federal Notary Chamber.
It is noted that the introduction of additional digital protection for the document will not require additional costs from citizens: marking a notarial act is carried out within the framework of one notarial action, and all development and support of the QR coding platform is carried out at the expense of a notary. This is provided for by the provisions of the law, which entered into force at the end of December 2020.
QR codes will be present only on "paper" - electronic documents certified by notary do not require marking, since they are protected by the UKEP (enhanced qualified electronic signature) of the notary, the FNP explained.[9]
Notaries in 2021 will certify transactions remotely
Notaries in 2021 will certify some transactions remotely. So, without a visit to a notary office, it will be possible to obtain an executive inscription of a notary for prompt and extrajudicial repayment of debts or transfer funds to a deposit account, for example, for settlement under a transaction and a number of other services.
We are talking only about procedures that do not require checking the applicant's real intentions and comparing them with the content of the document that he requests, RIA Novosti was explained in the Federal Notary Chamber (FNP).
At the same time, the FNP stated that when certifying the transaction itself (from a legal point of view, the transaction is a real estate purchase and sale agreement, a power of attorney, a will, an alimony agreement, and much more), the remote format cannot be applied precisely because of the high risks of the so-called vice of will. Buying or selling the same apartment online, that is, in absentia, without a personal meeting with a notary, is fraught with violation of property rights, loss of housing and big money.
On December 29, 2020, amendments came into force providing for the possibility of certifying a transaction involving two or more notaries for cases when two or more persons participate in the transaction without their joint presence.
The procedure looks like this. The draft transaction will be created by notaries, which will be chosen by the participants in the transaction themselves, using the notary's EIS. Then each participant of the transaction in the presence of a notary must sign a copy of the transaction in electronic form with a simple electronic signature, as well as a copy of the transaction on paper. The latter will remain in the affairs of the notary office. An electronic copy of the transaction with a perfect certification inscription is signed by the notaries certifying it with their qualified electronic signatures and will be stored in the notary's EIS.
According to Izvestia, such electronic services, notaries as opening a hereditary case, certifying the transfer, receiving an executive inscription on debt collection, will be available on the public services portal in the first half of 2021.[10]
2019: State Duma approves bill on remote receipt of notarial services
On October 16, 2019, the State Duma adopted in the first reading a bill on remote receipt of notarial services.
In accordance with the proposed innovations, notaries, at the request of clients, will be able to remotely perform such notarial actions as issuing a certificate of fidelity to the transfer, transferring documents of individuals and legal entities, accepting funds from debtors to the deposit for transfer to the creditor, and establishing debt.
In addition, notaries will be authorized to establish "the identity of a citizen, his representative or representative of a legal entity" without documents or in case of doubts about their authenticity "through a unified personal data information system."
To receive services remotely, clients will need to send a notary to an application through the Unified Notary Information System or through Public services and attach the necessary documents to it in electronic form.
According to the Chairman of the State Duma Vyacheslav Volodin, the new bill will save people time and money, as well as facilitate the identification of customers. After the adoption of the law, it will be possible to "identify" a person using the unified biometric system already operating in Russia. This will be useful in case the client does not have a passport for any reason or the notary doubts the identity of the citizen in accordance with the document presented to him , he said.
The bill also proposes to give the notary the right to verify information in relation to a notarial document on which machine-readable markings will have to be affixed. Such labeling will carry relevant information about notarial actions, about a notary, about a notarial district, about an applicant who applies for notarial actions.[11]
E-Government Distribution
In the era of paper circulation, a notary certifies paper documents, copies of them, extracts, etc. He confirms that the signature - this squiggle on paper - is really drawn by this person. When switching to electronic document management, some of the functions of the notary lose meaning - here the documents are quite strongly protected without it. In cases where a citizen can be significantly harmed, electronic documents will be signed with a qualified electronic signature, using physical media (a special USB flash drive or universal electronic card) and entering a PIN code.
Nevertheless, in the list of requirements for electronic signature developed by the Ministry of Economic Development, such a variety as "electronic signature of a notary" also appears. And the Ministry of Justice has already developed a draft law on electronic notary. As[12] in September 2011, the director of the Center for Innovation and Information Technologies of the Federal Notary Chamber Eduard Makhnonosov told Marker.ru, now this bill is awaiting conclusion in the state legal department of the President of Russia.
Even after the transition of the state to electronic document management, there will still be people who will not master the computer, says Deputy Minister of Economic Development Oleg Fomichev. Therefore, notaries will always find work. In a sense, notaries will become translators from paper language to electronic language, Ilya Massukh, Deputy Minister of Communications and Mass Media, told Marker.ru.
UEC, tablets or fingerprints
According to Eduard Makhnonosov, this "translation" will look like this. A citizen who does not want to know anything about electronic signatures comes to the notary. He compiles the text, for example, of a will in electronic form. A citizen will somehow sign that will. The detailed procedure will later be defined by by-laws. The French, for example, sign such documents using a tablet. Perhaps a technology using a fingerprint or universal electronic card will be developed. The technology should be inexpensive and massively perceived. After signing the will, it goes to the electronic archive, and if necessary, it is extracted from there. Of course, the development of technology is a task of more than one year.
The creation of electronic archive of notarial acts is a key point of the bill on electronic notary. This archive is going to be connected to the national system of interdepartmental electronic interaction. The Federal Notary Chamber sent the Ministry of Telecom and Mass Communications a draft agreement. It will be even easier with powers of attorney for the car, Makhnonosov said. On the universal electronic card, which will be distributed to all Russians, there will be an application such as a driver's license. Perhaps with the help of the UEC it will be possible to issue an electronic power of attorney: and it will not need to be carried with you, the traffic police will be able to view it in a special database.
Tariffs on notaries may decrease
According to Russian law, a notary certifies not only the identity of the "signatory," but also various legal facts, the expert says. For example, the degree of kinship of people indicated in the will, or the fact of a person's work in a company. Some of these facts are difficult to establish from state databases, so the notary will not be left without work. Electronic notary tariffs are unlikely to be greater than the current "paper," suggests Eduard Makhnonosov. But tariff policy is the competence of the leadership of the Federal Notary Chamber.
Notes
- ↑ An entry to 6 thousand notaries is available on State Public services
- ↑ The number of notarial actions online in Russia for the year increased 5.5 times
- ↑ Power of Attorney is translated into a figure
- ↑ The demand for notary-certified digitization of documents has grown fivefold
- ↑ The State Duma allowed to cancel powers of attorney without printing a notary over the Internet
- ↑ ROSREESTR: REGISTERED FIRST ELECTRONIC TRANSACTION REMOTELY CERTIFIED BY TWO NOTARIES
- ↑ Russia plans to create a unified register of canceled powers of attorney
- ↑ Check the QR code on a notarial document correctly!
- ↑ In Russia, most notarial documents from December 29 will be provided with QR codes
- ↑ Notaries will begin to certify transactions remotely, but not online
- ↑ The State Duma expands the list of notarial services provided in electronic form
- ↑ the notaries will introduce Russians to the electronic state
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