Results and new initiatives: the role of a notary as a human rights institute in support of participants in their

The round table «Notaries of Russia in the service of the Fatherland» took place on February 5 in Moscow. Legal assistance to the participants of SV, the contribution of notaries and further tasks were discussed by senators, State Duma deputies, representatives of the executive authorities, the Commissioner for Human Rights in the Russian Federation, representatives of the State Foundation “Defenders of the Fatherland”, the Committee of the Family of the Fatherland and the Association of Veterans of the SV, members of the Public Chamber of the Russian Federation and notarial community.

The event in video conferences was attended by Sevastopol residents:

• President of the notary chamber of the city of Sevastopol Olga Kalenkovich,
• Head of the Department of the Ministry of Justice of Russia in Sevastopol Natalia Chernenkova,
• Head of the Department for Control and Supervision of the Bar and Notaries, State Registration of Acts of the Civil Status of the Department of the Ministry of Justice of Russia for Sevastopol Dilyara Grosheva,
• Deputy Chairman of the Committee on the Legislation and Support of Participants in the Legislative Assembly of the city of Sevastopol, notary public Natalia Kiryukhina,
• Deputy Head for Legal Affairs of the Branch of the Defenders of the Fatherland Foundation for Sevastopol Oksana Alekseeva.

Notaries where they are needed

Commissioner for Human Rights in the Russian Federation Tatyana Moskalkova She noted that at the moment, the legal framework of social support for the participants of their own and members of their families constitute more than 120 laws. “Active support for those who defend their homeland is a matter of public importance,” said the Ombudsman and emphasized the great contribution of the notary to this matter.

Notaries play a huge role today. It is impossible not to note the significant benefits and preferences provided by the notarial community for the participants of his own and members of their families. This support measure is implemented exclusively at the expense of notaries— said Tatyana Moskalkova.

President of the Federal Notary Chamber (FNP) Konstantin Corsic He said that the total amount of notaries benefits for refugees, participants of his and their families, taking into account the collected financial assistance, is already approaching 1 billion rubles.

The Federal Notarial Chamber from the first days of its own and at each stage, on its own initiative, made decisions on support measures. First of all, this is the provision of benefits to pay for notarial actions for various categories of citizens and military personnel. At the same time, the list of recipients of benefits at the initiative of the notaries was constantly expanding.

In September of last year, the Federal Notarial Chamber decided to extend the benefits for the commission of socially significant notarial actions to all participants in SV, as well as members of their families, heirs, foreign citizens who want to join the ranks of military personnel, as well as employees of assistant organizations. Such benefits began to be provided with notaries throughout the country. At the end of January, the Ministry of Justice adopted an appropriate order that fixed these benefits at the normative level.

It is important to note that the notary provides legal guarantees, including bearing full property responsibility for the result, even if he does his job for free or for the minimum fee. Secretary of the Public Chamber of the Russian Federation Lidia Mikheeva She noted that «the notary provides for the protection of the rights and interests of citizens, contributes to the stability of civil circulation.»

The priority task of the Federal Tax Service is close interaction with state and public organizations in order to quickly and effectively strengthen support measures for participants in SV. So, in May 2023, the Federal Tax Service entered into an agreement on cooperation with the State Fund of Defenders of the Fatherland, and in June 2024 signed an agreement on cooperation with the Committee of the Family of the Warriors of the Fatherland.

Executive Director of the State Fund «Defenders of the Fatherland» Yuri Khabrov He thanked the federal notary chamber and the entire Russian notary for responsiveness and active work in the direction of assistance to his participants and their families: “Your contribution is really difficult to overestimate.”

In the first half of 2024 alone, the notarial chambers of the regions, together with the branches of the State Fund «Defenders of the Fatherland», were held more than 620 events.

We are sure that our interaction will only expand, — said Yuri Khabrov.

According to him, more than 170 thousand legal issues received by the organization from the participants of SV have already been resolved, including due to close interaction with representatives of the notary.

Providing free legal assistance to the participants of their own and their families throughout the country is an extremely important element of the professional contribution of the notaries in support of the participants of SV.

These are more than 290 thousand consultations for fighters and their families only for the incomplete 2024 year. Today you can get the qualified assistance of a notary public in any constituent entity of the Russian Federation, including reunited territories— said the head of the Federal Tax Service.

From the side of the Ministry of Justice of the Russian Federation, the Deputy Director of the Department of Development and Regulation of Legal Assistance and Legal Services participated in the event Anton Benov. Among other things, he emphasized the importance of providing notaries of free legal assistance to the participants of his own and their families.

Member of the Board of the Federal Notary Chamber, President of the Notary Chamber of the Krasnoyarsk Territory Svetlana Zylevich She noted that the primary task is that not a single participant in his or close person of the participant would be without help:

Notaries advise citizens on the basis of the branches of the Gosfond “Defenders of the Fatherland”, the Public Chamber of the Russian Federation, notarial chambers of subjects, at the collection points, training centers, hospitals and other sites. We are where we need us.

In addition to assistance in the professional part, the country’s notaries were actively involved in organized work on raising funds, the purchase of equipment and humanitarian goods, drugs, volunteer work, assistance in hospitals and in other important areas.

I am very grateful to all our colleagues notaries, to all regional notary chambers, which at the level of the constituent entities of the Russian Federation tirelessly conduct such important and responsible work. This is not only the provision of legal assistance, but also voluntary material and volunteer support to our army, participants in their families. All our colleagues react sensitively to the need for such assistance— Raise l Konstantin Corsic.

Head of the Legal Service of the KSVO, deputy chairman of the Commission of the Public Chamber of the Russian Federation on public examination of bills and other regulatory acts Alexander Ternovtsov Separately, he emphasized the important contribution to the overall assistance of notaries from the Kursk and neighboring areas.

So, after the Armed Forces invasion of the Armed Forces of the Armed Forces of the Armed Forces, the Kursk Regional Notary Chamber reduced the size of the regional tariff for forced immigrants to one ruble. The notarial chambers of other regions, where the chicken arrived, did the same. The total amount of benefits provided by Kursk notaries to residents of the borderland amounted to more than 13.2 million rubles.

A separate topic was a new procedure for confirming the participation of assistant organizations that have no other legal grounds for receiving a certificate of war veteran certificate. Now notaries help with this. They certify the signature on the statement of an eyewitness — a veteran of him, who can confirm the participation of a person in hostilities.

This is very important, since on the basis of these documents the Russian Ministry of Defense makes decisions on the issuance of a war veteran certificate for which social support measures are provided— said Yuri Khabrov.

Employees of assistant organizations are also exempted from paying the regional notarial tariff. To certify the signature of an eyewitness, they need to pay only a federal tariff in the amount of a hundred rubles.

Legislative initiatives

Participants in the round table noted a number of issues arising in law enforcement practice, which require changes in the current legislation. Among them — the bill submitted for consideration by the State Duma, providing for the possibility of extrajudicial restoration of the deadline for the acceptance of the heirs of the dead participants of the SV.

There are cases when documents notifying death come late. This leads to the passage of the heirs of the terms of acceptance of the inheritance. Changes in the legislation will allow the relatives of the dead participants to inherit without going to court. To do this, it will be necessary to contact a notary for six months after receiving the death certificate— said Deputy Chairman of the Committee of the State Duma of the Russian Federation on State Construction and Legislation Dmitry Vyatkin.

Tatyana Moskalkova She emphasized that special attention should be paid to such a category of citizens as the families of military personnel who were captured and missing: “In this segment, it seems to me, there is still a big reserve in order to work.” The speaker also drew attention to the possibility of consolidating oral wills in the legislation. Such a tool could be especially relevant for the fighters who were captured, the Ombudsman noted.

Svetlana Zylevich At the same time, she recalled that in the legal field there is a will format, compiled in a simple written form in the presence of two witnesses. This option is provided for by law in emergency circumstances.

A number of proposals for improving regulatory regulation voiced and Alexander Ternovtsov. In particular, a proposal to improve the mechanism for accessing notaries to military units to perform notarial actions against participants in SV.

Also, during the event, a proposal was made to consider the issue of the possibility of terminating the power of attorney on the basis of a certificate of the circumstances of the disappearance of a citizen issued by the Ministry of Defense of the Russian Federation, until the participant recognized as unacceptable in the manner prescribed by law.

Recall that the effect of the power of attorney ceases due to the recognition of a citizen to be missing. There are cases when representatives by proxy issued by the participant of SV are abused by their powers. They carry out actions, knowing that the commander of the military unit had already issued an order to recognize the principal missing.

It was also a question of the order of the President of the Russian Federation to make changes to the legislation, allowing the widows of participants to use vehicles in the period before the inheritance. The possibility of the vehicle is in the personal property of the deceased participant of his, the notary could issue a notary to the surviving spouse, for example, a certificate of temporary use of the vehicle.

Dmitry Vyatkin noted that this issue must be worked out with the Ministry of Internal Affairs and insurers:

You also need to think through the mechanism in case there is a dispute between the user of the car and the heirs.

And Svetlana Zylevich clarified that if the car was a joint property of the spouses, then the widow can use it without restrictions.

The other topics of the discussions were: the cooperation of the notarial chambers of the constituent entities of the Russian Federation with the regional branches of the Committee of the Family of the Warriors of the Fatherland, to ensure the unity of law enforcement practice in the provision of legal assistance to military personnel, the comprehensive information support of the fighters, the dissemination of visual materials on the benefits and other support measures.

First Deputy Secretary of the Public Chamber of the Russian Federation also took part in the discussion Vyacheslav Bocharovmember of the Federation Council Committee on Constitutional Law and State Construction Ruslan Smashnev and others.

Also, as part of the event, an agreement was signed on cooperation between the federal notarial chamber and the Association of Veterans of SV.

Such interaction helps to receive objective feedback to develop expert proposals for the necessary solutions regarding the adjustment of the regulatory framework, as the real situation requires— said the head of the Federal Tax Service.

Notaries are high -class lawyers. I am sure that the agreement will give an additional impetus to our interaction— said the Executive Director of the Association of Veterans of his Dmitry Afanasyev.

As part of the round table, the president of the notary chamber of the Voronezh region Anna Chugunova and president of the notary chamber of the Novosibirsk region Nadezhda Afanasyeva They were awarded the gratitude of the State Fund «Defenders of the Fatherland.» President of the Belgorod Regional Notarial Chamber Irina Suyazova It was awarded the medal of the Ministry of Defense of Russia.

According to the results of the round table, “Notaries in the Service of the Fatherland” will draw up a resolution with the inclusion of legislative initiatives to improve the system for supporting participants in their own and their families.

Source: notarial chamber of the city of Sevastopol