More news: the demand for telecommuting and remote work has skyrocketed. The remote ones allow, for example, to record the facts of bullying on the Web without a visit to a notary. Remote actions link two participants in a remote transaction. This format was appreciated by quarreling spouses: the practice includes remote divorces, when people resolve legal issues through a notary, without meeting in person.
Konstantin Anatolyevich, let’s start with the hottest topic: in the spring, the USRN is closed to citizens. We can’t just go online and find out the name of the owner of the apartment. Why did they do this to us?
Konstantin Korsik: This rule is intended to protect USRN information and prevent uncontrolled access to it. This is exactly what the legislator did.
And who will protect the buyer, who is forced to buy from who knows? How to verify that the person in front of you is really the owner of the apartment?
Konstantin Korsik: Legal restrictions on access to USRN data do not apply to those who would notarize the transaction. The notary reserves the right to receive full information about the copyright holder. Before making a deal, he, as before, will carry out all the necessary checks, including sending a direct electronic request to Rosreestr.
It is clear that we will pay more. Now something to check the seller. How much will your rates go up now?
Konstantin Korsik: The innovations will not affect the fee. Verification of information in the USRN as part of the notarization of a real estate transaction is free and an integral part of a notary’s job. The reliability and timeliness of the data received through a notary is guaranteed.
What to do if people don’t want to contact you? Will they have to buy blindly?
Konstantin Korsik: If necessary, citizens will be able to ask a notary to obtain data from the Unified State Register of Real Estate Registration before the actual execution of the transaction. For example, if the parties decide to enter into a preliminary sales contract.
That is, you can only go to a notary for a certificate from Rosreestr? Turns out it’s easier and cheaper to request a statement through you and complete the transaction yourself…
Konstantin Korsik: If we are talking about a transaction in simple written form, there is always a risk of falsification of information, submission of false documents (the same extract from the USRN) and fraudulent intentions on the part of the second party to the contract.
But the extract will now be received through notaries, so everything will be reliable.
Konstantin Korsik: At the same time, it is important to understand that even if the buyer has direct access to the USRN information, and even if this data does not raise doubts, many risks lie at other points that the parties to the transactions cannot always verify. . theirs
So, the same marital status of the seller can play a trick on the buyer if, for example, information about the presence of an official marriage was hidden and, accordingly, the consent of the second spouse to the transaction was not obtained.
Is it better to look for individual sellers?
Konstantin Korsik: There are even more risks of transactions in a simple written form due to the fact that in their case no one checks whether the parties understand the essence and consequences of the transaction, what their true intentions are. All of this can later become the basis for contesting the transaction.
If a transaction with an apartment is made without a notary, registration in Rosreestr takes ten days. Through a notary – 24 hours
This is actively used by scammers implementing criminal schemes, whose victims are bona fide buyers. Many of them lose property and money.
The court, in any case, must protect the person.
Konstantin Korsik: It is not always possible to defend one’s rights in court and receive compensation – the responsibility for the legality of the transaction in a simple written form lies with the parties to the transaction. In turn, a notarial certificate protects citizens from such risks: a notary is fully responsible for a notarial transaction.
Is it true that some notary services can be obtained without a visit to a notary?
Konstantin Korsik: Last year we largely passed under the auspices of the active use in practice of remote and remote formats for notarial acts. If 2021 was a kind of “trial” period, when our citizens only looked at new formats of notary actions, already in 2022, novels have become part of the practice of notaries throughout the country.
Konstantin Korsik: The demand for certain types of notarial acts remotely, when applying online, has grown 30 times over the year. In turn, convenient and secure remote transactions have become 4.5 times more popular. In addition, the possibility of remote certification of transactions turned out to be in demand throughout the country – notaries from 90% of Russian regions managed to try this format within a year.
A remote transaction, unlike the remote format, involves a visit to a notary’s office. Only people go to different notaries, each to their own. When is this format used?
Konstantin Korsik: Today, more than 70 percent of notarial acts that are carried out remotely are real estate transactions. The demand for this format is constantly growing.
What other digital innovations await us?
Konstantin Korsik: Last year, large-scale work was carried out to optimize data exchange with the largest Russian banks, with the portal of State Services. The project to introduce a unique machine-readable power of attorney format based on a joint technology of the Federal Tax Service and the FNP has also been developed.
Joint work with Rosreestr continued to transfer the procedure for registering rights to real estate through notarial documents to an online format. I believe that this year we will reach the goal in this matter.
The most pressing issue is always money. A law has recently been approved that modifies the payment system for notarial certificates. Will the rates go up?
Konstantin Korsik: First of all, I would like to point out that the main task of both the current price system for notarial acts and the one that will work from October 2023 is, on the one hand, to ensure the availability of notarial acts for everyone. categories of the population, on the other hand, to guarantee the self-financing of notaries and their subsequent development. Without the combination of these two factors, a non-budget notary simply cannot exist.
The notary has always been and continues to be the most accessible qualified lawyer for the population. At the same time, the costs of digitizing notaries, all social programs, archives, benefits, of course, will not go anywhere either.
To date the necessary balance has been maintained.
But, let’s face it, there are often complaints that notaries are too expensive.
Konstantin Korsik: I think that in many respects this myth lives on due to a banal misunderstanding of what set of works a notary performs when performing a particular notarial act. And this complex is extremely extensive. Another problem when evaluating the work of a notary, in my opinion, is the inability to immediately see and feel its result.
A notary’s stamp on a document is a kind of insurance, the value of which can only be fully felt when an “insured event” occurs. And, thank God, such cases do not happen to everyone, and often a notarial document accumulates dust all its life on a shelf in a closet. However, such positive examples also have a certain negative effect. A kind of “survivor’s mistake” arises when a person sees that everything is in order with acquaintances who have made a deal for the sale of an apartment without involving a notary, and concludes that everything will be fine with him in the same way, and there will be no risks.
But acquaintances, perhaps, were just lucky, and, unfortunately, there are a huge number of examples when luck did not work out, and people lost property or money due to the lack of qualified legal assistance.
Here it should be noted that the average Russian turns to a notary once, maybe twice in his life. And, for example, if we are talking about notarial certification of a transaction for the sale of an apartment, yes, it can cost 20-30 thousand rubles. However, we are often talking about the most expensive property of a person, about risks worth millions of rubles.
So what does the new tariff law change?
Konstantin Korsik: According to the new rules, notaries will charge so-called one-off notary fees. In turn, it will consist of two components: federal and regional rates.
The federal fee is an analogue of the current notary fee, the values of which are enshrined in the Fundamentals of the Legislation of the Russian Federation on Notaries and the Tax Code of the Russian Federation. The regional tariff will be calculated for each subject of the Russian Federation separately according to an economically justified formula.
Who will develop such a formula?
Konstantin Korsik: The competent development of this formula is the most important task that requires time, a lot of attention, precision and taking into account all key socio-economic indicators. One of them is the subsistence level per capita in the region. The calculation of the formula is a titanic and very responsible job. Here, the FNP has a lot of work to do, which will be assisted by the main research institutes. And the Ministry of Justice will approve this formula to guarantee state control in this socially sensitive area.
The opportunity to request a series of notarial acts remotely appeared among Russians at the end of 2020. To date, there are nine such actions, including certifying the accuracy of the translation, making an executive registration, transferring electronic documents to a notary, among others. All of them are available in your personal account on the portal of the Federal Chamber of Notaries. You can also remotely record bullying events on the Web.
By the way, 76 percent of all appeals to notaries to provide evidence, both remotely and in person, concern the fixing of crimes in social networks, instant messengers and on various Internet sites.
As for the remote way, it allows people who are in different cities to resolve legal issues. As experts say, three or four owners may be involved in the sale, for example, of shared real estate, it happens that they all live in different settlements.
There was a case in YaNAO when a notary helped a resident of the village of Tazovsky to sell his apartment in Krasnodar. There were more than 4.5 thousand kilometers between the seller and the buyer, and the entire transaction took 35 minutes. The notary of the Yamal-Nenets Autonomous Okrug entered the data into the Unified Notary Information System and sent the information to Rosreestr, the registration of property rights was carried out as quickly as possible. Today, if a transaction is made in a simple written form, it is recorded in Rosreestr within 10 days. A notary is registered in a single day. After solving the online registration problem, the process will take a few minutes.
The remote option is convenient not only for selling or donating, but also for renting a house. When the owner lives in one city, and the apartment he wants to rent, and, accordingly, the tenant – in another.