- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
100

(1916) Author: Alfons Heyking - Tema: Russia
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100

DRAWING UP, &c., DOCUMENTS. P. iv., Сн. iv_

significance, that the public character which the document possesses
in the land in which it is executed is preserved in Russia.1 On the
other hand, a Consul cannot attest documents, the contents of which
do not conform to the political institutions, the social order, or the
public safety of the Russian Empire, or in which mention is made of
acts to be performed in Russia which are in direct opposition either to
measures taken by the Russian Government or to Russian law," as, for
instance, powers of attorney for the sale of lottery tickets, which,,
in Russia, are prohibited by law.3 In the same way the Consular
attestation cannot be affixed to powers of attorney which omit to
mention either the object of the power, or the person in whose favour
it is made out,4 to decisions of the Courts of foreign countries, unless
a special treaty has been concluded between the country in question
and Russia for the execution of judicial decisions arrived at in such
countries ;5 to bottomry bonds given without the consent of the
Russian State Consul having first been obtained to take up money
on bottomry ; and, generally, to any deeds or documents whatsoever
that are drawn up without the co-operation of a Russian Consul and
are in contradiction to the Russian Consular, Maritime or Commercial
Regulations. Anyone, however, who has been refused the attestation
of a document by a Consul, can appeal to the II. Department of the
Russian Ministry of Foreign Affairs, or the Russian Embassy or
Legation in that particular country. The matter will then be
considered, and, if necessary, instructions given to the Consul. Should
the Consul himself have doubts as to the propriety of legalising a
given document, he must apply for instructions to the Minister of
Foreign Affairs or to the Embassy or Legation to which he is
subordinate. In any case, the grant or refusal of legalisation of documents is
not only to be decided by formal law, but also by such general
considerations of utility as the representatives of the Russian Government
may consider to be applicable to the particular case.6

3. The State Consul .may himself draw up documents of a legal
character or legalise such documents when they are drawn up by
private persons. In this case his status is that of a Russian Notary
Public. He is, therefore, bound to assure himself of the personal
identity, the legal capacity, and the clearly-expressed will of the
parties to the proposed transaction, and that such transaction is not
in opposition to those laws of Russia which protect the order of
administration, public morality, and the honour of private citizens. In
legalising documents which have been drawn up by private persons,
the Consul must mention particularly that he has taken the necessary
steps to satisfy himself on these points. According to the regulations

1 Communication of the II. Department of the Ministry of Foreign Affairs to
the Russian Consulate at Newcastle-011-Tyne of the 23rd October 1902, No. 11,498.

2 Circular of the II. Department of the Russian Ministry of Foreign Affairs of
31st January 1903, No. 1270.

3 Art. 265, annotation 3, of the " Ustav о Preduprezhdenii i Presetchenii
prestupleniy," Vol. XIV. of the Svod Zakonov, Ed. 1890.

4 Circular of the II. Department of the Russian Ministry of Foreign Affairs of
the 26th May 1881, No. 4823.

5 See " Execution of the judgments of foreign courts in Russia."

6 Circular of the II. Department of the Russian Ministry of Foreign Affairs
of 31st January 1903, No. 1270.

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