Екатерина Чернявская
Соответствующие изменения в Гражданский кодекс вступили в силу вчера (Федеральный закон от 7 февраля 2017 г. № 12-ФЗ). Документ был дополнен новым подпараграфом, касающимся статуса нотариальных палат. Установлено, что это некоммерческие организации, представляющие собой профессиональные объединения, основанные на обязательном членстве. Определено также, что нотариальная палата субъекта — это профессиональное объединение, основанное на обязательном членстве нотариусов, занимающихся частной практикой. А Федеральная нотариальная палата является их профессиональным объединением и основана на обязательном членстве. При этом указано, что правовое положение, а также особенности создания и деятельности нотариальных палат определяются законодательством о нотариате. Важно, что нотариальная палата выведена из состава форм ассоциаций и союзов и указана в качестве самостоятельной организационно-правовой формы юрлица, являющейся некоммерческой корпоративной организацией.
На основании каких документов совершение нотариальных действий в связи с наследованием будет возможно без уплаты государственной пошлины? -Узнайте из материала «Освобождение от уплаты государственной пошлины за совершение нотариальных действий в связи с наследованием»в «Домашней правовой энциклопедии» интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
Отметим, что данные изменения были приняты в силу того, что существовали серьезные разночтения между ГК РФ и Основами законодательства о нотариате. Так, ГК РФ относил нотариальные палаты к ассоциациям (союзам) (подп. 3 п. 3 ст. 50 ГК РФ) а некоммерческие организации, созданные в такой форме могут нести субсидиарную ответственность по обязательствам этой организации в размере и в порядке, предусмотренном ее учредительными документами (абз. 3 п. 3 ст. 123.8 ГК РФ). При этом в Основах законодательства о нотариате эти нормы не находят своего подтверждения.
Нельзя не отметить, что нотариат основан на принципе самоуправления (абз. 4 ст. 24 Основ законодательства о нотариате). Иными словами, органами управления нотариальной палаты являются общее собрание ее членов, президент палаты, правление, а не единоличные органы управления как в ассоциациях (союзах) (ч. 2 ст. 123.10 ГК РФ).
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