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Notary will help to protect the real estate from swindlers’ encroachments

22nd November 2016  
The round table «Level increase of legislative security of Russian citizens from swindlers’ encroachments of deconstructive sects» was held on the 17th of October 2016 in the Federation Council.

Deputies of the State Duma, members of the Federation Council, specialists of the Minister of Justice, and representatives of the legal community, the Orthodox Church, non-governmental organizations, profession-oriented scientists and experts were participants of the parliament discussion. Mrs. Marina Gerasimova, President of the Commission on the methodic work and examination of the practice in the application of the legislature in the sphere of Notariat, represented the attitude on the discussed topic. 

Mrs. Gerasimova noticed that the obligatory notarial authentication of real estate transactions could become an efficient instrument in the struggle against fraudulent activities of cult organizations members on illegal subtraction of real estate property from ordinary citizens. Private property of persons often becomes the most desirable subject of appropriation for such pseudo-religious organizations. Serious psycho-emotional influence is affected on people involved in the sect. They are forced to turn back upon the society and all the tangible assets including real estate, transfer into ownership of newly-crowned “spiritual masters” and “advisers”.

In its turn, the notary’s activity representing the State is directed to security assurance of the owner’s rights and interests. Being a high quality lawyer, he determines the accordance of the parties’ will with the contract’s content, carries out an inspection of the transaction’s legitimacy, interprets its legal consequences. If one of the transaction’s participants doesn’t realize their acts, is in a vegetative state, meaning under the influence of drugs or psychotropic substances, they will not be allowed to make any legally significant action. 

All-round application of the video recording of notarial acts will become another factor for scaring swindlers. Such video recording serves as practically incontestable evidence in the Court.

The system of electronic intermenisterial interaction and 24 hours acces of notaries to databases of different departments, including the Home Office and Federal Agency for State Registration, guarantees check on the spot of all the presented documents. If the the clean title to the transaction is confirmed, electronic services will secure record fast registration the rights to the recently acquired property. The procedure will take up to one day.

The fully material liability of notaries also contributes to minimizing of risks by the transaction’s participants which is reinforced by multilevel insurance’s system of their professional activities. Any damages appeared as a result of the notary’s false will be compensated for summarized insurance means. 

Then, the Notariat can play one of the key roles defending citizens from destructive sect’s activities and fully block the access to real estate market for such swindlers.

Maim speaker of the round table, President’s Deputy of the Committee of the Federation Council on the constitutional legislation and state construction, Mrs. Elena Mizulina also remarked serious threats of social and material character to which sect’s victims are subject. “Very different people swallowed the bait of swindlers. At first, they use psychiatry methods — dissenters deprive the people of the will, and then — their property”. The Senator is sure that only the system-based approach will permit to resolve this problem. Therefore a separate workgroup will be formed in the next future where all the pronounced at the round table offers will be accumulated.