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102
DRAWING UP, &c., DOCUMENTS. P. iv., Сн. iv
in their Russian equivalents.1 If acts written into the consular book
are signed in a foreign language the signature must be translated into
the Russian language and the correctness of the translation certified
by the Consul.1 (ibid.)
In drawing up or legalising documents (Krepostniye Akty) the
State Consul must enter them word for word in his Consular book,
at the same time recording all the circumstances of the case, viz., by
whom the document was presented—whether by the parties
themselves, their attorney, or any other person ; where the document
was drawn up and signed—whether at the Consulate or at the private
residence of the parties ; in what manner the identity of the
parties-signing the deed was established, &c. Copies of all powers of attorney
presented by third parties and authorising them to procure the
legalisation of documents as above, must be preserved as annexes to the
Consular books.2
Russian Consular Officers can only grant copies of acts or deeds,
drawn up or legalised by them to persons mentioned in such acts,
or to their attorneys or heirs, or to persons to whom the rights of
the contracting parties are transferred, either by the judicial decision
of a Russian court of law or by special authorisation of the Russian
Ministry of Foreign Affairs.3
Every deed executed abroad and dealing with immovable property
(real estate) situated in Russia, must be either drawn up or legalised
by a Russian Consul or Minister, as holograph domestic documents
(domashniye) dealing with such matters are not valid in Russia.4
Moreover, such deeds dealing with immovable property situated
in Russia must be presented to a Senior Notary Public belonging
to the Court of the district where the real estate is situated not later
than six months from the date of their execution in accordance with
Section 915 of the Code of Civil Laws, ed. 1900. These notaries are
not allowed to confirm acts unless they have been drawn up by
Russian authorities in accordance with the Code of Civil Procedure, Art.
1911-1914. It appears, therefore, that not only Russian subjects
but also foreigners who are desirous of executing a deed dealing with
immovable property situated in Russia, must, when abroad, do it
at a Russian legation, or at a Consulate, and the deed must be written
in the Russian language in accordance with the requirements of the
Russian law.
The rules to be observed in legalising documents differ according
to whether the parties are all Russian subjects, or whether foreigners
are interested in them. In the former case, viz., if Russian subjects
residing abroad desire to execute a deed in which only Russian interests
are involved, and which does not relate to real estate situated abroad,
the document can be drawn up (1) either by a Notary Public and
then legalised by a Russian State Consul, on being produced to him
1 Regulations relating to Notaries Public, Arts. 97 and 98. The legal
equivalents of Russian and foreign weights and measures are shown in the Appendix.
2 For the formalities to be observed in drawing up and executing wills, see
" Wills of Russian subjects abroad."
3 Regulations applying to Notaries Public, part I., Art. 117.
4 Circular of the II. Department of the Ministry of Foreign Affairs of 21st
October 1882.
83.
Deeds
dealing with
real estate
in Russia.
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