The notarial system in Russia does not stand still: it changes in accordance with the requirements of the time and new technologies. Today, every notary in Russia has an electronic signature and access to a single electronic notary system countries. This is a huge database that contains a lot of information of a different nature: wills, marriage contracts, data on collateral for cars, etc.

But in this case we want to tell you how electronic notary will help you protect copyright on the Internet.

Let's say you wrote a brilliant text, posted it on your blog page to show it to your friends, and the next day you found it on fifty other pages on the Internet signed by some Vanya Udaltsov. To prevent the theft of copyrighted content, and this can be not only texts and poems, but also photographs, copyrighted teaching methods, programs for the Internet, videos, logos, drawings and the like, you need to put your “stamp” on the content in advance. The method is old, “grandfather’s”. But on the Internet, the “stamp” must be electronic, and even registered somewhere and dated in time. This kind of “time stamp” is necessary so that it is immediately clear that you posted your original work online before the plagiarists managed to “lick” it.

Electronic notary allows not only to register copyright objects, but also to protect them using digital methods recognized by government agencies. And it must be said that the Russian electronic notary system is fully consistent with similar systems in most CIS countries, European countries and the USA, and is recognized there.

Today, only electronic notaries give authors a chance to quickly register their electronic works. At the same time, proof of authorship notarized online is accepted by government agencies and serves as indisputable proof of authorship in courts of various jurisdictions.

Electronic notary in Russia gives the client the opportunity to also receive a certificate or a certificate for an object of copyright. That is: you created something and have a document confirming your authorship. Thus, if you see that your copyrights have been violated on the Internet, you can safely go to court and present your certificate as proof of authorship. And then - demand compensation from the one who encroached on your property.

Certificates and certificates are issued both in printed and electronic form. You can print such an electronic document received by email. Or you can place it on your website or blog so that potential plagiarists can see that your copyright is registered and protected. Therefore, there is no point in even trying to copy this work.

An object of copyright, which is taken under the protection of an electronic notary, is then placed for storage in electronic notary systems. That is, information about it and your authorship in relation to it will be stored on the global network for as long as you deem it necessary to pay. Or - later, when the shelf life of the copyright material has expired, it will be necessary to extend the deposition of such information in storage systems.

Also checks the authenticity of certificates and time stamps. Therefore, authors of works can be sure that their rights are reliably protected, and no one will be able to forge a certificate.

Naturally, only professionals who have access to a unified database and have the right to electronically sign can engage in this type of service. Our specialists are always at your service!

The increase in the “electronic component” of civil circulation creates a need for the use of electronic technologies in international notarial law. The Permanent Council of the MSN is committed to highlighting the fact that the international circulation of notarial acts will be facilitated by the standardization of certain notarial forms, the use for their transmission, as well as the production of the latest technical means (electronic signature, permanent ink, holograms), which in due course will help reduce risk of substitution or counterfeiting. Since 2003, within the specific framework of the Commission on New SIT Technologies and Informatics, work has continued to create legal mechanisms for certifying the electronic notarial signature of states.

Note 1

This database must contain the following information:

• data regarding all notaries of the state (region): competence, coordinates, time of appointment to the position, the period when all powers expire, any other information that may be considered useful;
• requirements related to notarial acts and their legalization in the country and the conventions it has ratified;
• technical means used by notaries to prevent falsification of notarial documents (papers with watermarks, samples of seals, various information related to the transfer of notarial acts of an organization abroad).

Electronic dispute resolution system

At the moment, an electronic dispute resolution system has been developed and is already functioning in the world. The EU Stockholm Program 2010 - 2014 recommends the use of “electronic justice”. Widely practiced in Western countries:

• submission of documents, as well as statements of claim in electronic form. In accordance with the Federal Law of 2010, July 27, No. 228-FZ, documents that are attached to the application for enforcement and recognition of a foreign court decision and a foreign arbitration award can be submitted to the arbitration court of the Russian Federation in electronic form (Article 242 part 7 of the Arbitration Procedure Code of the Russian Federation Federation);
• notifications via mobile communications, namely SMS messages by phone about court hearings;
• the use of video phones with Internet protocols for conducting preliminary court hearings, as well as considering applications that are missing or applications that do not contain controversial issues.

Note 2

Videoconferencing with witnesses is used to testify in situations where the witnesses themselves cannot be present at the trial.

Internet legal proceedings are based on the fact that the use of electronic documents is the main problem of electronic documents, this problem is the legal force of such a document.

An electronic signature in an electronic act is used to perform the function of a seal, as well as a signature.

Electronic notarization

Notarization of an electronic nature, which performs a certain function of a certifying electronic document with an electronic seal, gives the right to ensure the accuracy of documents and legal force by using the simultaneous affixing of a special “time stamp” on an electronic document along with the electronic signature of the notary, as well as the execution of the necessary notarial actions in electronic form. A timestamp acts as proof that a document existed at some point and allows you to make necessary changes to the document.

Note 3

Suspension of the “time stamp” is required only to make it impossible to subsequently change the contents of the electronic notarial document.

The electronic dispute resolution system involves the widespread use of electronic digital signatures. This signature makes it possible to protect the document, confirm its legal force, as well as authenticity, and speed up the passage process. As for the functions of electronic signature certification, the notary himself could take over them:

1. After all, the notary office is an organized, fairly compact, and also transparent system.
2. The notary office is tied to the administrative-territorial state division.
3. The notary is engaged in the fact that he performs the necessary public legal functions and undertakes to be impartial.
4. Public status of the notary's archive, which can be carried out electronically. The archive of a notarial nature is of a certain public nature; after death or leaving office, it is transferred to another notary, or to the state archive.
5. The main goal of the notary is to legally ensure the security of civil transactions using various technical and legal means, including modern technologies.

In online legal proceedings, the notary brings its benefits mainly in evidentiary activities, since it acts and appears as an institution that is engaged in providing and creating evidence of a qualified nature. Evidence that exists in electronic form changes the elements of the individual evidentiary process. During the implementation of information technologies, the notary can be used:

• ensuring pre-trial direction of evidence; video recording of the testimony of a witness with simultaneous certification of its authenticity by the notary himself;
• interrogation of a witness who is abroad;
• checking the authenticity of notarial documents and powers of attorney issued by a notary through a specific electronic notary system with a uniform character;
• certification of copies of electronic documents that are necessary for legal proceedings;
• transfer of documents in electronic form through a notary;
• keeping minutes of meetings of joint-stock companies using video recordings certified by a notary;
• creating a dossier with documents in electronic form;
• a register of notarial actions can be maintained in electronic form, duplicating the results of storage in notarial chambers. The consideration of disputes in the courts themselves will be much faster and easier, since evidence will be submitted electronically.

Note 4

The organizational information storage system (OMIS) – “corporate memory” – had a great influence on the development of the Internet notary model. In Europe, it is quite possible to imagine the creation of a “megabank of data” in the field of Latin notaries.

Main functions of a notary

The main functions of an electronic notary should be witnessing, as well as performing acts of a legal nature that are carried out in electronic form. To perform notarial actions electronically, the necessary notarization software package is required, which must be installed for each person who is authorized to perform certain notarial actions electronically. In order to perform notarial acts electronically, it is necessary to have a digital signature, as well as the ability to put a time stamp on the notarial act.

Note 5

Suspension of the timestamp is required so that the contents of the electronic notarial document cannot be subsequently changed.

Electronic notary legislation has already appeared in countries of the Anglo-Saxon legal system. To a certain extent, this is due to the fact that there is a simpler set of functions of the notary himself compared to the functions of a Latin notary. Electronic notary legislation is valid in all US states. Among the countries of the Latin system, Hungary is very actively involved in the development of legislation in the field of electronic notaries - since 2006, the power of a notary to certify electronic documents for authenticity using an electronic signature has been legislatively enshrined. An act certified in this way has the same legal force as a document certified by an ordinary seal. In France, in 2008, the first notarized deed was signed in electronic form. The first electronic acts in France that were notarized were those where the Minister of Justice of this country, as well as the notary, signed.

If you notice an error in the text, please highlight it and press Ctrl+Enter

09.07.2018

IT technologies, present in almost all spheres of public relations, require equally active development in the legal sphere. The rapidly accelerating civil turnover must remain stable, reliable and safe, while providing a qualitatively new service and speed of response.

Under these conditions, the Russian notary has become one of the most advanced legal institutions. Understanding the importance of the development of digital technologies in the life of modern society, the Russian notary, on its own initiative, at its own expense, without attracting budgetary funding, created a full-scale electronic infrastructure that increased the security and safety of legally significant information, the speed and quality of obtaining notarial services. The basis for this infrastructure was the Unified Notary Information System created by the Federal Notary Chamber, which turned four years old on July 1, 2018.

The unified notary information system, on the one hand, acts as a reliable repository for each notarized document, and on the other hand, it serves as a unique high-tech tool that changes the nature of all notarial activities.

On January 1, 2018, the final transition to electronic document management was carried out. Now in the EIS registers, 100% of all notarial actions are registered electronically. This allows for prompt verification of legally significant information, prevents fraudulent actions with notarial documents and, as a result, stabilizes civil turnover.

To record and store information about notarial acts, which the country's notaries perform about 60 million annually, the Unified Notary Information System serves as a reliable base. According to the Federal Tax Service, in June 2018 alone, more than 130 thousand notarial acts were registered daily in the Unified Information System.

Thanks to the development of electronic notaries, now when contacting a notary, applicants receive services in a comfortable “one-window” mode. Thus, when certifying real estate transactions, the notary himself obtains the necessary information from the necessary registers, and then sends a certified contract for registration of property rights. Thus, notary offices have rightfully earned the status of convenient front offices of registration and tax authorities.

Today, the Russian notary has become a full-fledged partner of e-government. As part of the system of interdepartmental electronic interaction, the notary cooperates with Rosreestr, the Federal Tax Service, the Ministry of Internal Affairs, the Central Catalog of Credit Histories, banks and other authorities. In the near future, notaries will switch to electronic data exchange with civil registry offices, as soon as their unified register is created, and the Federal Bailiff Service.

Each Russian notary has an enhanced qualified electronic signature. This made it possible, with the help of a notary, to create electronic legally significant documents, as well as to transfer a document from paper to “digital” while maintaining its legal force. This mechanism radically changed the concepts of document mobility and speed of transmission. This is very convenient when, for example, it is necessary to urgently transfer from one city to another a consent for a child to travel abroad, a power of attorney, a spouse’s consent to a transaction and other types of documents.

The unified information system has also become a reliable platform for the development of free public notary services. Online notary services help to effectively regulate the turnover of pledged property, assess the risks of pledged property, verify the authenticity of a power of attorney, and find information about an inheritance matter. Such services block the possibility of fraudulent activities and help ensure maximum reliability of the primary document on the basis of which the right arises.

Online notary services have been popular among Russians for several years now, warning them against dubious documents, other people's debts, litigation and other legal troubles. This is evidenced by statistics provided by the Federal Notary Chamber.

One of the most popular is the register of notifications of pledge of movable property, which guarantees compliance with the rights of all participants in the pledge relationship and is an accessible and free way to protect against the debts of others. To date, this registry contains about 6 million records. The information in the register is guaranteed to be reliable, up-to-date, and most importantly, of fundamental importance and legal force - this is important in the event of legal disputes.

The registry for verifying powers of attorney, which was launched on January 1, 2017, is also in great demand. Over the course of a year and a half of operation, over 33 million powers of attorney were registered in the notary’s electronic database, and the number of requests for verification of powers of attorney exceeded 20 million. At the same time, state and municipal authorities have expanded access to the service, which also allows them to verify the contents of the document in hand with the text of the original power of attorney, information about which is stored in the Unified Notary Information System. Since April of this year, the power of attorney verification service can also be used to verify powers of attorney certified by an official of a consular office of the Russian Foreign Ministry, the head of a local administration or a representative of local government bodies.

Since April of this year, another free online notary service has also launched - the register of inheritance cases. This register already contains information on approximately 25 million inheritance cases, and in three months the search for inheritance cases was accessed more than 150 thousand times. Using this service makes life easier not only for citizens, who can now easily and quickly find a notary handling the case of a particular testator. This service will also be in demand by employees of judicial authorities and credit institutions that use information about testators in their daily work.

The Russian notary will not stop there. Among the current initiatives that are being discussed at the legislative level is the further expansion of the list of notarial actions that can be performed electronically. Thus, filing an application in electronic form is planned to be used in relation to the writ of execution, the notary’s deposit, providing evidence when inspecting websites and a number of other notarial actions. Another interesting initiative is connecting notaries to a biometric system for remote identification of citizens, which will soon be used in banking. A conceptually important issue is the possibility of introducing into Russian practice remote certification of transactions with the participation of several notaries. This practice is successfully implemented by European notaries when performing notarial acts.

R The registry of inheritance affairs of the unified notary information system (UIS) was created to implement the principles of openness and accessibility of information, absence of bureaucratic barriers when making certain transactions.

In this article we will try to understand what it is, what advantages the innovation has in comparison with the previously existing order.

Why do we need a unified notary information system?

One of the main objectives of creating such a system is to improve the quality of services provided by a notary.

This should be understood as follows:

• a simplified form of obtaining information when citizens’ actions require notarization;
• the need to collect a huge number of documents from different authorities will disappear;
• the presence of a single database will save time on performing certain manipulations;
• the opportunity to have access to a wide range of people around the clock without charging a fee;
• a unified information system will reduce the number of fraudulent schemes allegedly executed with the participation of a notary. All actions related to the creation of legal entities and collateral can be tracked on the Internet.

It is interesting to know: the beginning of the creation of the UIS should be considered May 2006. At that time, there was a need to systematize information about all notaries and notary chambers in the country, to ensure the ability to certify documents with an electronic digital signature (EDS). The unified database included information about their assistants, territorial location and contacts.

The next step in the development of the system was the adopted Law No. 379-FZ “On Amendments to Certain Legislative Acts of the Russian Federation” dated December 21, 2013. From that moment on, the notary electronic database ceased to be limited to information about notaries, but turned into a full-fledged information resource.

For example, it stores the following data:

• applications for opening an inheritance, that is, establishing an inheritance case;
• any notarial actions (registration of consent, powers of attorney, marriage contracts, wills and much more);
• information about the pledge of movable property entered into the register of notifications about the pledge of movable property.

Previously, all this information was kept by a notary, who directly certified the transaction and kept his own register. Now, in addition to preparing his documentation, the notary enters information into the unified register of notarial actions.

The fight against the “tolmuts” of notaries has begun

The order of the Ministry of Justice of the Russian Federation No. 129 “On approval of the Procedure for maintaining registers of a unified information system of notaries” dated June 17, 2014 spells out in detail how work should be carried out to create an information base, who will do this, what information and how should be formalized and etc.

The legislator determined that by the beginning of 2018 a complete transition to the Unified Information System should be carried out. Starting from the second half of 2014, the following are subject to mandatory inclusion in the electronic register:

• all information on marriage contracts;
• information on the execution of powers of attorney;
• information about making wills.

Login to the internal portal “Unified Notary Information System” (click on the image to enlarge)

The notary will now provide information from the Unified Information System, verify the authenticity of the documents provided, and enter information into electronic registers. The significance of introducing such a system will be felt by ordinary citizens.

Thus, it is now possible to register a legal entity within one day, bypassing the Federal Tax Service: a notary will certify the documents, scan the Charter, and send a package of documents certified by digital signature to the Federal Tax Service.

Thus, a unified notary information system will significantly reduce the time required for performing notarial actions, and will contribute to a qualitative improvement in the work of the notary as a whole.

Watch an overview video about the electronic notary system:

User guide

at the first entrance to the UNIS office

2 abstract

This document “Guide to the first login to the UNIS user account” contains a description of the capabilities and procedure for installing an electronic digital signature (hereinafter referred to as EDS), a digital certificate of the National Certification Authority in Internet Explorer and Mozilla Firefox browsers for authentication and work in the Unified Information System notary information system".

The manual is intended for users of the IS “Unified Notary Information System”.

3 Minimum computer requirements:

Pentium 3 processor with a frequency of 800 Ghz
RAM 256Mb
Video card 8Mb
Mouse, keyboard.
Microsoft Windows XP
Internet Explorer 6, Firefox 3.5.6, Opera 9.*
Java 1.6

Availability of Internet connection

APPLYING FOR CERTIFICATES AND INSTALLING ONLINE

1. Open an Internet browser and type http://www in the address bar. pki. and go to this address to the main page of the website of the National Certification Authority (hereinafter referred to as NCA). Click on the link “IS E-notary” (Figure 1).

https://pandia.ru/text/80/099/images/image002_65.jpg" width="632" height="479 src=">

Figure 2.

1. After clicking on “submit an application”, the “Application” itself will be displayed and the application number will appear, which is important to remember or write down, since it will need to be indicated in the paper application.

3.1 Submission of documents to the Registration Center

After submitting the request, you must contact the Registration Center within 1 month from the date of filing the application (if within 1 month the documents are not submitted to the Registration Center of the NCA RK, the application will be canceled) to provide a package of documents, the electronic application number and the completed application.

Documents required for obtaining a registration certificate by notaries:

Identification document of the authorized person (passport of the Republic of Kazakhstan or identity card) and a copy indicating the individual identification number (IIN);

Certificate of employment issued by the territorial notary chamber;

If a notary's representative receives a Registration Certificate in the name of an applicant who is not present in person at the Registration Center, he must additionally have a notarized power of attorney (Appendix No. 4 to the UNIS PPRS).

Documents required for obtaining a registration certificate by employees of the Ministry of Justice of the Republic of Kazakhstan, territorial justice bodies, the Republican Notary Chamber, territorial notary chambers, NIT JSC - content moderators and administrators:

Identification document of the authorized person (passport of the Republic of Kazakhstan or identity card) and a copy indicating the individual identification number (IIN);

Certificate from place of work;

Power of attorney to carry out legal actions in the name of the applicant-owner of the registration certificate (Appendix No. 3 to the UNIS PPRS).

Based on the data provided, an employee of the Registration Center of the NCA RK verifies the authenticity of this information.

3.2 Checking the status of your application

1. In order to check the status of the submitted application, you should use a special service that is available on the website https://ind. .

Figure 3.

3. In the window that appears, in the “Application number” field, you must enter the application number received during Online registration and click the “Check status” button (Figure 4).

https://pandia.ru/text/80/099/images/image005_29.jpg" width="633" height="447 id=">

Figure 5.

The application was processed by the operator of the Registration Center (after your personal appearance at the Public Service Center) (Figure 6):

https://pandia.ru/text/80/099/images/image007_23.jpg" width="633" height="445 id=">

Figure 7.

If for some reason the notification did not arrive by email, the user can re-generate a request to send a link to install the certificate by clicking on the link “Get a link to install the certificate(s) (Email address:_______).”

Or by clicking on the “Go to certificate installation page” button, the user can reinstall the certificates.

3.3 Installing certificates via link

Preliminary computer check.

1. After the application is approved by the Registration Center, a notification about the successful issue of certificates and a link for their installation are sent to the user’s email address specified during registration (Figure 8).

https://pandia.ru/text/80/099/images/image009_14.jpg" alt="Conf" width="576" height="384 id=">!}

Figure 9.

5. As a result of successful installation of certificates, a window with messages about the number of installed certificates should appear (Figure 10).

https://pandia.ru/text/80/099/images/image011_14.jpg" width="623" height="295 id=">

Figure 11.

Now certificates and digital signature keys are installed on your computer.

1) Export keys and certificates from the TumarCSP Configurator software.

2) Install the exported keys into an Internet browser.

2. IMPORT digital certificates into Internet browsers

The last action that must be performed in order to enter the internal UNIS portal is to import (install) digital certificates into Internet browsers.

This procedure is different for different Internet browsers. Therefore, further we will separately consider the procedures for importing certificates into the two most popular Internet browsers: Internet Explorer and Mozilla Firefox.

a. Installing digital certificates in the Internet browser Internet Explorer

1. Open the Internet browser Internet Explorer. Follow the link Tools ® Internet Options (Figure 12)

Figure 12.

2. In the “Internet Options” window that opens, open the “Content” tab and click on the “Certificates” button (Figure 13).

https://pandia.ru/text/80/099/images/image014_10.jpg" width="435" height="398 id=">

Figure 14.

4. In the “Certificate Import Wizard”, click the “Next” button (Figure 15).

Figure 15.

5. In the window that opens, you must specify the name of the file to import. To do this, click “Browse” (Figure 16)

Figure 16.

6. Next, you need to select the file to import. For the certificate type, select "All files (*.*) in the lower right corner of the window." Find the AUTH_RSA certificate exported from the Tumar CSP Configurator software and click the “Open” button (Figure 17).

https://pandia.ru/text/80/099/images/image018_8.jpg" width="443" height="401 id=">

Figure 18.

8. Enter the password that was specified when exporting the certificate. In the checkboxes, leave the default option “Enable all advanced options” selected. Click “Next” (Figure 19).

https://pandia.ru/text/80/099/images/image020_7.jpg" width="454" height="411">

Figure 20.

10. Click “Finish” (Figure 21).

Figure 21.

11. Select the profile name from the drop-down list, where you select the file system – FSystem and click the “Ok” button (Figure 22).

Figure 22.

12. If the certificate is successfully imported, a window with the following message should appear:

Figure 23.

b. Installing digital certificates in the Mozilla Firefox Internet browser

1. Open the Mozilla Firefox internet browser. Go to the browser menu “Tools”, then “Settings” (Figure 24).

https://pandia.ru/text/80/099/images/image025_7.jpg" width="496" height="410 id=">

Figure 26.

4. Select AUTH_RSA certificate to import. Click "Open" (Figure 27).

Figure 27.

5. Enter the password, click “Ok” (Figure 28).

Figure 28.

6. If the certificate import is successful, the following message should appear:

Figure 29.

Click OK.

7. Verify that the certificate was successfully imported (Figure 30).

Figure 30.

3. Login to the internal portal “Unified Notary Information System”

A. Login to the internal portal “Unified Notary Information System” via the Mozilla Firefox Internet browser.

1. Launch your browser. In the address bar, type http:// or

2. After opening the main page of the UNIS portal, click “Login”.

3. A message appears stating that the connection is untrusted, in which you must click “I accept the risk.”

5. If the Electronic Digital Signature has been installed correctly, a window for selecting a certificate is generated. Select the certificate and click OK.

b. Login to the internal portal “Unified Notary Information System” via an Internet browserInternetExplorer.

1. Launch your browser. In the address bar, type http:// or http:///.

2. The main page of the UNIS portal opens. Click Login.

4. After installing the NCA certificate, a window appears with an error message in the security certificate, in which you must select the option to continue opening this website.

6. If the Electronic Digital Signature has been installed correctly, a window for selecting a certificate is generated. Select the certificate and click the button OK».