Information operations · Information Warfare · Russia

Russia To Allow Online “Trolling” Reporting


Screenshot of part of the front page of RG.ru – including “record the fact of trolling on the net”.

The Russian Ministry of Justice received a proposal from the Federal Notarial Chamber to allow, among other things, Russian citizens to report online trolling. 

Under the provision of evidence implies including the recording of the facts of harassment and insults on the Internet?

Konstantin Korsik: Of course. Appeal to the notary allows you to fix that abusive records, slander and other violations of the rights of citizens were indeed posted on certain resources on the web. This service is especially relevant for fixing copyright infringement, protecting web content and intellectual property of companies and individual entrepreneurs. Even if the records are later deleted by their author, a notarized document will serve as proper evidence for the court. The number of appeals to a notary for such a service is growing annually by an average of 15-20 percent. During the year, notaries of Russia made more than 20 thousand proofs on the Internet.

The irony of this astounds me. 

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01/20/2019 6:08 PM
Category: Power

Round stamp day

Citizens will be able to remotely record with the notary Internet insult
The federal notarial chamber sent to the Ministry of Justice of Russia a list of notarial actions that are proposed to be carried out remotely – via the Internet. This was announced in an exclusive interview with “RG” President of the Federal Notary Chamber Konstantin Korsik. In online mode, citizens will be able, for example, to record the fact of trolling on the Net for the court, get an executive inscription to collect the debt, or issue a notarized translation of the document.
New laws have significantly expanded the powers of the notaries for the legal protection of citizens.  Photo: photoxpress
New laws have significantly expanded the powers of the notaries for the legal protection of citizens. Photo: photoxpress

Konstantin Anatolyevich, recently the idea has sounded more than once at various venues, saying that it would be nice to perform some notarial actions remotely, without a visit to the notary. Is this possible in principle?

Konstantin Korsik: Yes, definitely.

During the year, notaries of Russia made more than 20 thousand proofs on the Internet, including the facts of insults.

And will it ever be?

Konstantin Korsik: Now an initiative is being developed that would extend the remote format of receiving the service to certain types of notarial actions. To date, a list of such actions has been submitted by us for approval by the Ministry of Justice of the Russian Federation. It was compiled on the basis of an important factor: in the course of such actions, the law does not require the notary to establish the applicant’s will. In most cases, especially when certifying transactions, a notary’s verification of the will and will of a person is a crucial point confirming the legality of the transaction and the awareness of the applicant’s actions. Only certain types of notarial services do not fall under this rule.

What actions are included in the list?

Konstantin Korsik: Now there are six notarial actions in the list: a testimony to the faithfulness of the translation of documents from one language to another, acceptance of funds in the deposit.

As well as depositing money, depositing documents, making executive notes, providing evidence, including on the Internet, and certifying the time for submitting electronic documents.

Under the provision of evidence implies including the recording of the facts of harassment and insults on the Internet?

Konstantin Korsik: Of course. Appeal to the notary allows you to fix that abusive records, slander and other violations of the rights of citizens were indeed posted on certain resources on the web. This service is especially relevant for fixing copyright infringement, protecting web content and intellectual property of companies and individual entrepreneurs. Even if the records are later deleted by their author, a notarized document will serve as proper evidence for the court. The number of appeals to a notary for such a service is growing annually by an average of 15-20 percent. During the year, notaries of Russia made more than 20 thousand proofs on the Internet.

How will evidence fixing work online?

The document, certified by a notary, acquires a special force in court. Photo: Arkady Kolybalov / RG

Konstantin Korsik: The PNP has developed a procedure that can be adopted after making appropriate changes to the legislation. According to the prepared draft, in order to receive a notarial service in a remote format, the applicant will have to send to the notary through a special public service of the Unified Information System a statement of a given format with the application of statutory documents. In turn, the notary checks the received documents and sends to the e-mail address indicated by the applicant a notarial act certified by his enhanced qualified electronic signature.

How will a citizen confirm his identity when entering the service system?

Konstantin Korsik: The draft law assumes the option of submitting an application through a single portal of state and municipal services. At the same time, the identity of the applicant is established by checking his registration in the “Unified System for Identification and Authentication (ESIA)”.

What are the prospects for the project, when the initiative may appear in the State Duma?

Konstantin Korsik: The bill is planned to be submitted to the State Duma for consideration in the first quarter of 2019. In addition to an accurate list of notarial actions that can be performed without a face-to-face meeting with the applicant, the provisions of the draft clarify the process of regulating the secrecy regime of a notarial act, explain the details of the notary’s work with electronic documents and providing information from the Unified Notary Information System. The initiative also regulates the very procedure for the remote circulation of citizens and legal entities for the services of a notary.

Of course, the proposed novels require careful study of all aspects of the procedures under consideration, and such work is currently being carried out at the expert level. But in general, the distribution of a remote format in the field of notarial services is intended to be a very convenient innovation for both citizens and business. This will increase the speed of civilian traffic and the level of comfort of applicants, will reduce the cost of time and money.

Of particular importance such novelties may be to ensure the stability of civilian traffic in remote and sparsely populated territories of the Russian Federation. The inhabitants of such areas do not always have the opportunity to visit the notary in person. Often, it is impossible to reach the notary’s office due to difficult weather conditions, delays in the transport communication. Notarial services in a remote format will help a person in need of legal assistance, here and now.

In addition, a fully digital format of the interaction between the notary and the applicant can give impetus to further expand the scope of application of certain types of notarial actions, for example, the notary’s executive order.

If the contract is notarized, the debt on it can be recovered without a trial directly in the bank, having received the executive notary inscription

Many do not know what an executive inscription is.

Konstantin Korsik: According to the law, if the contract, including credit, is notarized, then it is possible to collect debts on it without a court, directly from the bailiffs, according to the notary’s executive order. An executive inscription helps to make the debt collection procedure as simple as possible in principle. And it is comfortable for both parties. For a lender, this is above all a quick way to get money back, while saving time and money on the courts. For the debtor, the good news is that the enforcement of the writ of execution only applies to the bulk of the debt, the interest on it, and the tariff for performing the notarial act itself. No additional penalties for late payments from the debtor will not take.

Simply put, if you assure the receipt for which you hold someone “before the payday”?

Konstantin Korsik: Only not a receipt, but a loan agreement. In addition, it can be any other contract related to financial obligations, such as renting an apartment. Citizens, by the way, often use this opportunity. If the owner of the property certifies the contract with the tenants to the notary, then if they move out without paying, they will not have to be tried. It is enough to warn debtors about the intention to resolve the issue with debts through the executive inscription, wait until the statutory period of 2 weeks is over and you can go to the notary with the contract. He will make an executive inscription, which can already be addressed to the bailiffs. Or directly to the bank.

Do bankers immediately write off the money from the debtor, seeing the notary stamp?

Konstantin Korsik: Executive inscription equated to a court decision. By law, the recoverer can come to the debtor’s bank and present either a writ of execution drawn up by the court or a notary’s executive ordering and indicate the number of the account to which the money will be transferred. Naturally, the recoverer should know which bank the debtor’s accounts are in. But this question can be pronounced, for example, during the conclusion of the contract.

In the future, it is possible to completely transfer the process of debt collection to the online mode: after the adoption of the rules allowing for certain notarial actions in a remote format. Documents could be redirected to the bank via secure electronic channels. In this case, notaries already now exchange information with banks within the framework of the system of interdepartmental electronic interaction.

How many executive notaries have already done?

Konstantin Korsik: In 2018, notaries of Russia made more executive inscriptions than in the previous 3 years. So, if for the entire 2017, notaries made 5,068 executive letters, in the course of an incomplete 2018, more than 19 thousand executive letters. More than 90 percent of executive notes are made on the basis of credit agreements.

In other words, banks now prefer to collect money from debtors on loans not through a court, but through a notary?

Konstantin Korsik: Moreover, bankers are now less likely to turn to collectors. It is much easier to get an executive inscription and send documents to bailiffs who have serious powers to collect the debt, and act strictly in the legal field.

Wait, did you say that you need to go to the bank with the executive letter?

Konstantin Korsik: If you know the bank in which the debtor keeps your money or gets paid, you can come to the bank. If the bank is not known, the documents with the executive inscription are sent to the bailiff service. In practice today, as a rule, this is exactly what happens. It is noteworthy that not only banks, but also citizens increasingly began to enjoy the benefits of the executive lettering. For the execution of executive notes on the basis of a notarially certified transaction related to monetary obligations or transfer of property, in the past year or two, they were contacted 3.5 times more often than before.

It is important that the rights of participants in civil turnover are protected in a civilized manner, and the protection must be effective. It can be said that executive writing is a very effective way to solve problems in the course of financial or property relations between citizens.

What else is the benefit for clients of notaries from introducing digital technologies into their work?

Konstantin Korsik: The previous decisions of the legislator allowed to significantly simplify the creation and circulation of notarized electronic documents, and this provided citizens and businesses with radically new opportunities, many times increasing the speed and convenience of committing many legally significant actions. In fact, we can talk about the emergence of an electronic notary as a large-scale project. This is a priority for the development of our legal institution, which we have been engaged in over the past few years. It all started with the creation of a unified information system of notaries, which became a kind of base for a whole complex of global changes. Thanks to him, the notaries deserved the status of an advanced institute, one of the leaders in the development and implementation of digital technologies in the legal sphere.

For example?

Konstantin Korsik: Already, many are actively using the possibility of certifying an electronic document or transferring documents from paper to electronic form and back, while preserving their legal force. Citizens are actively translating power of attorney, consent and other documents into electronic form. That is, thanks to the notary, the document is promptly sent to another city in electronic form, and already there, if necessary, is again transferred to paper form. Such a procedure is very convenient when, for example, it is necessary to very quickly draw up and send permission to leave a child abroad from a parent living in another region, or when statutory documents of attorney or power of attorney are urgently needed for a transaction at the other end of the country.

In February 2019, the norm will simplify the procedure for creating in electronic form any legally significant document with a notary. If the applicant is interested in exactly the digital format of the document, he will be able to receive it in this form, bypassing the “paper” stage of creating the document and its subsequent translation into electronic form. At the same time, a citizen does not even have to acquire a personal, reinforced, qualified electronic signature (OCEC). Legal validity of the document in a figure will be given to the Notary Public EEP.

This, of course, is a serious innovation in the organization of the work of notaries, thanks to which citizens get a new convenient and fast service format, when everything can be done in one place, without running around for instances and unnecessary expenses. 
Every year, modern public online services developed by notaries are also becoming more and more popular among Russians. They give people the opportunity to quickly and completely free of charge check important legal information via the Internet from any gadget on hand.

From February 1, 2019, the notary when registering a real estate transaction will necessarily register it with the Federal Register in one day

Do you mean the service of verification of powers of attorney?

Konstantin Korsik: Not only him. Still, for example, it is possible to obtain information whether a movable property is pledged. This information is extremely important when buying a car. Creating a register of notifications about the pledge of movable property allowed us to solve the problem of fraud in the sale of cars in the secondary market. Previously, there were often situations when a person bought a car along with debts and was then forced to either fulfill other people’s obligations or give up the car. Today such a deception is no longer possible.

Is it possible to forge a notarial deed today?

Konstantin Korsik: All notarial actions are recorded in our information system. This provides them with a qualitatively new level of security and reliable protection against loss and forgery. Attempts to falsify a notarial document have lost all meaning – to verify the fact of certification of a document, the correctness of its content can be almost instantly.

And if a person comes to a notary with an electronic version of the document instead of a paper equivalent, will such a document be accepted? For example, I do not have in my hands the original birth certificate of a child, and I want to use his scan, once preserved in the mail. 
Konstantin Korsik: Here it is necessary to distinguish between simple electronic copies of various papers and really valid documents created in electronic format or translated into it. If you have taken a birth certificate at home, scanned it or photographed it, say, on a smartphone, then the resulting digital file has no legal force. And this is quite true, because any person who owns at least one graphic editor can “blind on his knee” this kind of file.

At the same time, the document in electronic form, which is legally binding, is a very convenient thing that is increasingly in demand in our civilian trade, the future is behind this format. And here today a notary will help you.

Another question that has long been a discussion in society: whether it is necessary to introduce mandatory notarization of real estate transactions. Why do you think that it is better to buy an apartment through a notary, and not from hand to hand?

President of the Federal Chamber of Notaries Konstantin Korsik spoke about initiatives to develop the notariate. Photo: Victor Vasenin / RG

Konstantin Korsik:First of all, you need to understand that the process of notarizing the transaction itself is not a formality, but a multi-step procedure, including both the extensive notary’s job of verifying information and his personal communication with the parties to the transaction. Before her certification, the notary must conduct a legal examination of all documents. Thanks to the electronic interaction with Rosreestr, the Ministry of Internal Affairs and other departments, the notary receives the actual data himself, and very quickly. In turn, during a full-time meeting with the parties to the transaction, the notary explains to them the legal essence and consequences of the contract being concluded, he must make sure that the parties act consciously and voluntarily. Often, later, transactions are disputed in court on the grounds that someone did not understand something, did not fully understand the legal meaning of their actions. Notarization removes these risks. And it is very important that the notarized act has a higher probative value. To challenge it, unlike a contract, in simple writing is extremely difficult. In addition, the notary has the right to use video fixation to thereby confirm the accuracy of the notarial act.

And since we were talking about the “electronic notary”, the notary himself submits to Rosreestr information about the certified transaction in electronic form, and in this case the right of ownership is registered in just 1 working day. From February 1, 2019, this procedure will become a mandatory action by a notary in the course of certifying a transaction. At the same time, the applicant will not have to pay extra for such an expeditious and convenient way of resolving the issue of registering property rights.

The notary, as well as any live person, can make a mistake. What then?

Konstantin Korsik: If, by mistake, the notary subsequently the transaction is challenged, or it turns out that some of its participants suffered damage, such damage will be fully compensated by the notary. We are the only legal institution that bears full property liability, including thanks to the multi-stage system of compulsory insurance of our liability. No other professional participant in the real estate market provides such guarantees.

A common con that making an apartment through a notary will be expensive.

Konstantin Korsik:Often, those who express such an opinion have not clarified for a long time the actual size of the cost of notarization of a real estate transaction. Over the past few years, the tariffs for such a notarial act have been reduced more than three times. So, a notarial fee for certificates of an apartment purchase agreement between unauthorized people worth 10 million rubles is 25,000 rubles. And for transactions that are subject to notarization, the tariff is 0.5% of the value of the property, while it is limited to a threshold of 20,000 rubles. That is, if notarization of transactions with housing of citizens becomes mandatory, then the tariff will be limited to 20 000 rubles, and for some “average” apartment in the country at the price of 2 million rubles the tariff will be 10 000 rubles. This is a reasonable rate of tariff, in which the citizen is guaranteed respect for his rights. If we compare these tariffs with the cost of services of various intermediaries in the market, who do not bear any responsibility for their actions, then here the comparison will be in favor of applying to the notary.

By the way, for 16 categories of citizens, including veterans of the Great Patriotic War, disabled people, minors, a number of benefits are also provided for paying the notarial tariff.

Let’s say the decision on notarization of all transactions with housing will be made: will there be queues in notarial offices, as in the old bad times?

Konstantin Korsik: Today, 8,000 notaries work in Russia. Such a number of qualified personnel is quite enough and corresponds to the amount of work assigned to our institute. I will note that all these 8 thousand specialists are professional lawyers of a wide profile, whose qualifications continue to be monitored and compulsorily improved during the entire period of work as a notary.

There is a notary even in the most remote and inaccessible areas of our country. If the district is large, and the notary is only one, then he regularly performs visits, working in temporary reception points. To provide qualified legal assistance to residents of remote and sparsely populated areas of the country, a special program was developed on the initiative of the Federal Notary Chamber. Funds received from contributions from notaries, are sent to help in the organization of notarial activities in areas with a difficult climate, undeveloped infrastructure, low population density. This allows the notaries to provide the necessary technical equipment, help ensure self-financing of their work, fill vacant posts, organize regular visits of the notary as part of a single notary district, and, if necessary, to adjacent areas. I think this is a rather illustrative example of how the notaries, using their own resources and resources, including financial ones, solve very important issues of a national scale.

Source: https://rg.ru/2019/01/20/grazhdane-smogut-v-udalennom-rezhime-fiksirovat-internet-oskorbleniia.html

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