Елена Самтынова
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ФНП на своем сайте проинформировала1 о повышенном спросе на нотариальную услугу по обеспечению доказательств в интернет-пространстве (в сравнении с прошлым годом он вырос на 12%). Причем, популярными становятся запросы на фиксацию как сведений на сайте, так и переписки в социальной сети, электронной почте или мессенджере.
Для придания переписке статуса доказательства нотариус может составить нотариальный протокол осмотра интернет-страниц. В нем прописывается, когда именно и на какие сайты заходил нотариус, что там было размещено в момент осмотра, по каким ссылкам он переходил по запросу заявителя и т. д. Дополнительно к такому протоколу приобщаются скриншоты всех осмотренных нотариусом веб-страниц.
Отмечается, что у нотариального протокола нет срока давности, следовательно, дальнейшая судьба сайта и его содержания никак не отразится на степени защиты заявителя в суде. Недобросовестного пользователя от ответственности не спасет удаление или редактирование публикаций в интернете, которые удалось зафиксировать при помощи нотариуса.
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Протокол осмотра веб-страниц, как и любой нотариальный акт, наделен повышенной доказательственной силой и не требует дополнительных подтверждений для суда. Следует иметь в виду, что нотариус, проводя оценку содержания сайта и подготовки соответствующего заключения не проводит его оценку на предмет того, кто виноват в споре, поскольку разрешение таких вопросов относится к исключительной прерогативе суда.
Напомним, что 29 декабря вступят в силу положения Федерального закона от 27 декабря 2019 г. № 480-ФЗ, определяющие порядок совершения нотариальных действий, в том числе и в виде обеспечения интернет-доказательств в удаленном формате, т. е. без личной явки к нотариусу, что сделает указанные услуги удобнее для использования.
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1 С информацией ФНП можно ознакомиться на сайте палаты (https://notariat.ru/ru-ru/news/onlajn-dokazatelstva-dlya-oflajn-zashity-statistika-i-primery-notariusov1).
Russian
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