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Company / Laws

Preparation of Protocol inspection web page notary remotely

Legal aid 14.10.2019 at 17:17

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In cases on protection of honor and dignity of a citizen and business reputation of a legal entity on the Internet, it is important to prove the fact of distribution of false information. However, false information discrediting the honor and dignity of a citizen is easy to remove from a particular resource. If it is to prove the fact of their posting on the website on the Internet will be much more difficult. Of course, you can refer to the electronic copy of the website, which is stored in the database of the search engine. However, a copy of the electronic database search engines for the court is insufficient, and the authenticity of the information to establish the court will not. In this case, you need to go to the notary to provide evidence. The notary filed an application for securing evidence. The statement must specify for what purpose you need to verify the proof, and what information needs to be verified. You can go to any notary to perform such notarial act. One of the types of collateral evidence is browsing a web page on the Internet. For example, for fixing the posting of defamatory information on the website on the Internet, at the request of the applicant, the notary makes a Protocol inspection web page. Before to prove a particular fact, the notary is obliged to verify the data location information on a web page. After that, the notary public will start drafting a Protocol inspection web page. To the Protocol of inspection of the web page shall be attached screenshots of page where you placed defamatory information. Prior to examination the web pages in the Internet, the notary shall notify all interested persons, on the rights and obligations which can affect the proof. The first inspection of the web page indicates the notary notarial acts he committed, as well as the content of the web page, date and place of inspection of the web pages. In addition, the notary shall indicate the data about interested parties, and information about the notary.

According to article 103 of the fundamentals of Russian Federation legislation on notaries, approved the armed forces 11.02.1993 № 4462-1 in order to provide evidence of the notary interrogates witnesses, is to examine written and physical evidence, appoint expert examination. When performing procedural actions to secure evidence, the notary is guided by the relevant norms of the civil procedural legislation of the Russian Federation. The notary informs about the time and place of the provide evidence, the parties and interested persons, but their absence does not preclude performing actions to ensure the evidence. Securing evidence without notice of one of the parties and interested persons is made only in cases of urgency, or when it is impossible to determine who would subsequently be involved in the case.

currently the Framework does not provide the ability to remotely access a notary for notarial actions. For example, notarisation of authenticity of translation from one language to another. The draft Federal law "On introducing changes in fundamentals of the legislation of the Russian Federation about a notariate" is proposed to amend part provide the opportunity to apply for the notarial actions through the Internet. To make the Protocol of examination of the web page on the Internet, the notary can also remotely if the applicant has applied through the state services portal. The draft Federal law "On introducing changes in fundamentals of the legislation of the Russian Federation on notaries" article 103 of the Foundations is planned to add the following content: "Securing evidence in the form of survey of information in information-telecommunication network "Internet", can be done remotely (no appearance by the applicant to the notary) in the manner prescribed by article 44.3 of these Fundamentals." Thus, a statement about the survey web page you can go to the notary to remote via the portal of state services.