President of the notarial chamber of Sevastopol Olga Kalenkovich: «Registration of a gift agreement, tariffs and a closed will»

— What innovations for citizens are scheduled this year in the notarial sphere?

— One of the changes has already entered into force. From January 13, all contracts of gift of real estate are subject to compulsory notarization. Regardless of who you give, an outsider or a close relative. Now it is no longer possible to sign the contract of the house and take it to the MFC.

This year, it is also planned to adopt changes to the law that will collect debts on utilities through the executive inscription of the notary. Today, such a notarial action as the collection of debt on credit cards of banks through the executive inscription of the notary public is very popular. Therefore, I want to draw the attention of the listeners. If you personally or someone received a credit card on proxy on proxy, and you do not extinguish the debt on it, if there is a debt for several months, the bank warns you about it, directing the repayment requirement. If you do not receive a letter from the bank with such a requirement, this does not mean that you can live calmly. It is believed that you are already notified. Meanwhile, the bank sends an electronic application to the notary and within five working days the executive inscription is sent electronically to the federal bailiff service (FSSP). The bailiffs further collect accruals, and the debt from you is forced to be recovered. Therefore, in time it extinguishes debts for both utilities and to banking institutions.

— If we talk about the mandatory registration of gift agreements at the notary, why was this change have taken and what effect is expected?

— Recently, the number of appeals to the court with claims to recognize such transactions invalid. Because when you make a contract in simple writing, whoever helps you, a realtor, lawyer, a good friend, you take all responsibility. And not to the end, people explain the consequences of such an agreement. This mainly applies to the elderly. They do not understand what will happen next. It seems to them that even if they gave an apartment, they still remain the owners, they will be able to live in this apartment until the end of days. They do not understand that they lose their ownership. And if the new owner thanks for the gift and asks to move out, he will be right. The moral side is not taken into account in this situation, because it is an alienation agreement. Therefore, the legislator decided to additionally protect all people.

Initially, the initiative was only in relation to agreements with unlucky relatives, because the transaction is very doubtful when a person gives his property to someone else. But then they decided to extend the requirement of the mandatory certificate of gift agreements for close relatives in a notarial basis. Because only the notary finds out the will of the applied, explains the consequences and responsibility of such transactions.

— Will the notarial tariff change?

— You have already seen that the tariffs have changed everywhere: for the services of the registry office, and for applying to the court, and for registering ownership in Rosreestr. Everything has doubled at least. As for notarial tariffs. The federal tariff, as we used to say, the state duty has not changed yet. If we talk about the regional notarial tariff, then it changes annually, and this year has also increased. But under the deed transactions with close relatives, a lower indicator was established in the amount of 5,000 rubles, and the cost of registration of contracts remained actually the same. As for such socially significant actions as the design of the inheritance, will, consent in relation to minors, we did not increase their value. In all other cases, tariffs have grown, but slightly. Each notary has this information on information stands. On the website of the notarial chamber of Sevastopol, the size of the regional tariff is also posted, and everyone can get acquainted with them.

-On TV, they said that somewhere abroad a rich man left all his inheritance to the cat. Is it possible to do this in Russia? And who in reality will dispose of the inheritance?

— If you come to make a common will, as we say, simple, then the notary will explain to you the impossibility of its execution in the future. If you will bequeath your apartment to a cat Vaska, there will be problems. Firstly, with the execution of this right. The heir must declare his inheritance. And we understand that the animal cannot do this. Secondly, the subject should register the ownership of the ownership in the Rosreestr, not the cat. Therefore, the implementation of such a will is impossible.

If you make a closed testament, that is, the notary does not see the text in advance, and it is stored in the envelope, you must understand the possibility or impossibility of its implementation in the future. Therefore, if you are so dear to you, you can make a will on any other individual and put the responsibilities to him to look and care for the cat. In this testament, you need to appoint the Contractor — the one who will monitor how they care for the cat and take care of whether.

— And what is a closed will?

— This is a situation when a person brings a document in a sealed envelope without showing its contents. The notary makes an executive inscription, the will is stored before certain conditions, but, of course, after the death of the testator, the heirs are announced what is written in the document. But let’s frankly. With legal literacy, many are difficult for many. And if someone wants to make such a closed testament, first, be sure to consult a notary. Because if there are unfulfilled conditions in it, the heirs will go to court and will decide the question of how to realize what is written. These are additional financial expenses for both the lawyer and the court itself. Therefore, do not spend money, it is better to consult a notary first.

— My wife and I want to arrange a mortgage at the bank, which is presented only on the mainland of Russia. Sent a package of documents, including a scanned marriage certificate. But the bank answered us that such a copy is not suitable for them, and we need to contact a notary and get an electronic analogue of our certificate. What is this document, how and where to draw up it, how much does it cost?

— This notarial action is called the equivalent of the document on paper electronic. You need to contact any city notary with a passport and the original marriage certificate. The notary will transfer it to electronic form. He will not direct it to the bank’s address, as this is a violation of the secret of notarial action. But after signing the record of the record of information, this document will be sent to your email. Usually there are two files. You need to send them yourself to the bank.

At a cost — 200 rubles. Stage. If you have a marriage certificate in the form One leaf, then the notary service will cost 200 rubles. If there are some stamps on the back, then you will have to pay 400 rubles. It is also done very quickly — literally after 5 minutes the document will be in your electronic box.

— Why are organizations request such electronic documents?

-For the bank, like other organizations, a scanned marriage certificate is not a document, this is a piece of paper on which something is displayed using technical means. And when the notary confirms that the original document corresponds to the image, this image becomes a document. There is, of course, the second option: to send the original certificate of marriage to that region, someone will receive it and take it to the bank. And the bank employee will confirm that he has the original. But this is definitely longer, and perhaps it will be more expensive.

Source: The newspaper «KP-Sevastopol» (Irina Zhiboedova, Alena Motra)