The reform of notariate in the Russian Federation has been developed.

On March 5, the public discussion of the draft law “On Notariate and Notarial Activity in the Russian Federation”, which includes seven sections, is coming to an end.

If adopted, the new law will replace the Fundamentals of the Legislation of the Russian Federation on Notariate and the Resolution of the Supreme Council of the Russian Federation of February 11, 1993 No. 4463-I “On the Procedure of Enactment of the Fundamentals of the Legislation of the Russian Federation on Notariate”.

The innovations may come into force on January 1, 2026.

Changes in the approval of notarial tariffs

The federal body of justice will be authorized to approve annually the maximum notarial tariffs. Regional authorities will be able to approve actual tariffs taking into account the socio-economic situation of the constituent entity of the Russian Federation and federal territories.

At present, a notary engaged in private practice charges a single notarial tariff for the performance of notarial acts, including federal and regional tariffs. The size of the regional one is set by notarial chambers within the maximum values provided by the Federal Chamber of Notaries.

According to the authors of the bill, the new rules will solve the problem of the lack of an economically justified formula for calculating the marginal amount of the regional tariff.

For the certification of a real estate transaction, a decision of a body of a legal entity or a certificate of right to inheritance, a notary will first take half of the tariff by issuing a certificate. The remaining amount will have to be paid at the time of notarial action, and in case of refusal to perform a notarial action, as well as in case of evasion of the client from it, the first part of the notarial tariff will not be refunded.

Use of audio and video recording means in the performance of notarial acts

When certifying transactions aimed at the alienation of immovable property, a notary will be obliged to use audio and video recording means.

When performing other notarial acts, the notary will be entitled to use audio and video recording means subject to the requirements of the federal justice authority, which will establish the procedure for mandatory storage of audio and video recording materials.

Requirements for notary candidates

A person who has or had a criminal record for committing a deliberate crime or in respect of whom criminal prosecution for committing a deliberate crime has been terminated on non-rehabilitating grounds, as well as a person suspected or accused of committing a crime, shall not be eligible to become a candidate for the position of notary public.
for a premeditated crime has been terminated on non-rehabilitative grounds, as well as a person suspected or accused of committing a crime.

The requirements for a candidate will include the prohibition of having a residence permit abroad or any other document confirming the right to reside in the territory of a foreign state, unless otherwise provided for by an international treaty of the Russian Federation.

Control over the activities of notaries

Territorial bodies of the Ministry of Justice in the field of notariate and notarial activity will be authorized to make decisions on suspension and termination of notary status, as well as on appealing to the court with a request to deprive notaries of their status.

Local subdivisions of the Ministry of Justice of Russia will conduct scheduled inspections of notaries, including both the issues of compliance with the rules of notarial office work and the correctness of notarial tariff collection, as well as professional activities.

The draft law excludes the possibility of prolonged absence of notaries for more than 60 days, and assistant notaries will be able to replace notaries in cases defined by law when they reach the required age.

Procedure for refusal to perform a notarial act

The notary shall be obliged to state the reasons for refusal to perform a notarial act in writing and explain the procedure for appealing against it to the person applying for the performance of a notarial act. For the time being, this must be done at the request of the person applying.

The notary will have to issue a ruling on refusal to perform a notarial act within five days from the date of application for the performance of a notarial act, and a motivated ruling on refusal to perform a notarial act will be issued by the notary remotely no later than five working days from the date of receipt of information confirming payment for the notarial act.

Time limit for postponing a notarial act due to a legal dispute

The maximum period for postponing a notarial act at the request of a person who disputes in court a right or fact for the notarization of which another person has applied for will be doubled to twenty calendar days.

If the law is adopted, the Tax, Civil, Budget and Civil Procedure Codes will be amended accordingly.

Reference: https://regulation.gov.ru/Regulation/Npa/PublicView?npaID=154552

Draft law № 154552