A notary provides various services to the public. Often, citizens are forced to use the help of these specialists, for example, when entering into an inheritance or drawing up a general power of attorney. But sometimes you have to face the fact that the selected specialist does not cope with his duties in good faith. Therefore, the question arises of where to complain about a notary public who is inactive in a certain situation or who violates the requirements of the law by his actions.
Basic powers
The notary is a specialist in a wide field. A person may become a notary public if:
- He is between the ages of 25 and 75;
- he has a university degree in law;
- experience in the legal field for more than 5 years;
- received a positive assessment after passing a special qualification exam.
Both public and private notaries work in Russia. They must be members of the notarial chamber.
What services are provided?
Citizens can use the various services provided by a notary public. These include:
- certification of various transactions;
- issuance of certificates;
- confirmation of various facts;
- acceptance of money for which a notarial deposit is opened;
- creation of official duplicates of various documents;
- the use of various measures necessary to protect the inheritance;
- issuance of certificates to heirs, after which citizens can register the right of ownership of the estate.
During the implementation of various actions, the specialist should take into account the requirements of the law. It is necessary to focus not only on federal regulations, but also on local ones. Even the requirements of the Code of Professional Ethics are taken into account. The correct operation of notaries is monitored by specialists of the notarial chamber.
Specialist Responsibilities
A notary has not only different powers and rights, but also certain responsibilities. These include:
- assisting citizens in the exercise of their rights;
- providing advice on the rights and obligations of participants in various transactions;
- warning people about the consequences of certain actions and transactions;
- notification of the tax service on the issuance of certificates of inheritance to certain citizens;
- preservation of notarial secrets;
- refusal to certify illegal transactions;
- further training, and this procedure should be performed every four years.
Even a violation of one of the above points is the basis for bringing a specialist to justice.
Reasons for making a complaint
If a citizen wants to complain about a specialist, then he must have good reason for filing a complaint against a notary. Otherwise, the application will not be considered by the selected state authority. The most common complaint reasons include:
- delaying the delivery of various services without good reason;
- the imposition of additional paid services that the client does not actually need;
- refusal to provide services;
- violation of the schedule according to which the specialist works;
- refusal to leave at the place of residence or location of the citizen if the client does not have physical capabilities to visit the notary's office independently;
- transfer of authority to perform various notarial acts to third parties who do not have the necessary skills, experience and education for this;
- refusal to advise on the cost of certain services;
- being at work while intoxicated;
- communication with customers in a rude manner.
All these violations must be officially recorded by customers. It is important to figure out where to complain about the notary, to bring him to justice or to seek compensation for moral damage.
Who is involved in monitoring the work of notaries?
The notary must fulfill his duties solely subject to the requirements of the law. His work is controlled by employees of the notarial chamber of a particular region. It is this organization that conducts regular inspections to identify illegal actions committed by a specialist.
Therefore, it is most relevant to initially file a complaint with this particular notary chamber. Additionally, you can write a statement to the prosecutor. Some citizens immediately prefer to file a lawsuit with the court, and through the court it is possible to additionally recover compensation for non-pecuniary damage from a notary if the client was unable to obtain an inheritance or conclude a transaction due to his actions. Some citizens file a complaint against a notary to the Ministry of Justice, but usually such statements are redirected to local notary chambers.
Drawing up an application to the Ministry of Justice of the Russian Federation
The Ministry of Justice specializes in monitoring the legality of various notarial acts. Therefore, often people when searching for the answer to the question of where to complain to the notary public choose this organization.
An application can be submitted in several different ways:
- personal visit to the organization’s department;
- Sending a complaint via the Internet
- registered mail sent.
The easiest way is to use an electronic service. The complaint process does not take much time, and the response is usually provided literally within one day. A personal visit to the Ministry is complicated by the need to adapt to the work schedule, and correspondence by mail can drag on for a long time.
Drawing up a complaint to the notary chamber
Each private notary must report in his work to employees of this chamber, located in each region. All specialists are attached to a separate institution. It is this organization that monitors the work of the notary, and also conducts inspections at regular intervals.
Where to file a complaint with a notary? It is advisable to contact a well-chosen chamber of notaries. For this, a statement is drawn up according to a special model. The form can be taken directly at the organization. The complaint is sent in person or by mail. The response is transmitted to the applicant within 30 days.
Appeal to the prosecutor
A complaint against a notary to the prosecutor's office allows you to bring a specialist to justice if he really commits illegal actions. To do this, you need to contact the prosecutor at your place of residence.
Institutional staff will necessarily conduct an unscheduled audit based on an official appeal, based on which a decision will be made.
Drawing up a lawsuit
A complaint about the work of a notary may be made in the form of a statement of claim. In court, one can not only bring a specialist to justice, but also recover compensation for moral damage from him.
It is advisable to go to court if there is evidence from a citizen that the actions of a particular notary are really illegal, and also they led to the appearance of certain losses or other negative consequences for the client.
The court will need not only a properly drawn up lawsuit, but also other evidence presented by testimony, audio recordings of the conversation, as well as official documents indicating the illegality of the specialist’s actions or inaction on his part.
Complaints Rules
Initially, you should decide who should complain about a notary public in Moscow or another region. After choosing the optimal organization, a competent direct statement is compiled. It includes the following data:
- personal information about the applicant, presented by his full name, address of registration, contact details and information from the passport;
- name of the authority to which the complaint is transferred;
- information about the notary public whom the citizen complains about;
- a description of the circumstances of the particular event in which the notary violated the requirements of the law;
- a request to understand this situation and bring a specialist to justice;
- date of application;
- citizen signature.
Other documents are attached to the application, acting as evidence of the words of the citizen. These include various contracts, certificates, testimonies of witnesses, audio recordings or video recordings.
If a citizen goes to court, then additionally in the statement of claim you can indicate the requirement to recover compensation for moral damage from the offender. For the transfer of such a claim will have to pay a fee of 300 rubles.
During the preparation of the complaint, it is not allowed to use obscene words or put pressure on pity, therefore only exact arguments and facts are provided. Before forming a document, it is recommended that you consult with a lawyer to make sure that the specific actions of the notary are indeed illegal.
Can I claim damages?
Citizens should know where to complain to the notary if his actions have led to losses. In this case, it is advisable to immediately file a lawsuit in court. The claims include the need to recover from the specialist the necessary amount covering the damage caused.
In order to receive compensation, it is necessary to have official evidence that the citizen really faced forced expenses due to the notary’s fault.
Conclusion
A notary is a specialist providing a large number of different services to the population. Its activities are controlled by the notarial chamber and the Ministry of Justice. Therefore, when compiling a complaint against him, it is advisable to initially contact these authorities.
If you want to recover compensation from a notary for material or moral damage, you must file a lawsuit. To bring a specialist to justice, it is recommended to immediately file an application with the prosecutor.