- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
103

(1916) Author: Alfons Heyking - Tema: Russia
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P. IV., Сн. IV. DRAWING UP, &c., DOCUMENTS.

103

in duplicate, he stating that the document is executed in accordance
with the laws of the land, or (2) it can be drawn up before a Russian
State Consul without the co-operation of a Notary. A deed can be
legalised by a Russian State Consul by attesting the authenticity and
legal capacity of the person or persons who have signed this form.
This procedure is called " Yavka." Or, it may be drawn up in the
books of the State Consul, and, after having been signed by the persons
concerned, whose signatures and legal capacity must also be attested
in the books by the State Consul—an extract from the books is
delivered which forms the document—this form is called " Notarialnim
porjadkom." In Poland the law admits only this latter form of
notarial co-operation, which constitutes " actes authentiques" in
contradistinction to " actes sous seing prise," viz., drawn up by private
persons without notarial co-operation. Moreover, deeds dealing
with real property situated in Russian Poland require the notarial
co-operation in order to make them valid. In consular practice the
legalisation of deeds is, in the great majority of cases, done in the
form of a " Yavka," as the form " Notarialnim porjadkom " is much
more complicated and often even difficult to carry out. However,
as this latter form is required by Polish law, the II. Department of
the Russian Ministry of Foreign Affairs1 recommends the following
way out of the difficulty. Deeds which are presented for Consular
legislation and which deal with real property situated in Poland,
or which are meant to have the force of a Notarial deed in Poland,
should in preference be legalised by a local foreign notary and then
attested by a Russian State Consul as having been drawn up in
conformity with the local laws.

If foreigners are interested in a document, as, for instance, in the
case of a power of attorney given by a foreigner in favour of a Russian
subject, or if the document relates to real estate situated abroad, it
must be drawn up before a Notary Public, according to the maxim
locus regit actum, and then be legalised by a Russian Consul. In
civilised countries, Consulates do not possess the privilege of
exterritoriality. For this reason, transactions between foreigners and
Russian subjects, if performed without the co-operation of the local
authorities, and contrary to the maxim quoted above, are always
liable to be contested. To this general rule an exception has been
made by the Consular Conventions concluded by Russia with France,
Germany, Italy, and Spain. Art. 9 of these Conventions gives to the
Consuls of the contracting parties the right to act as Notaries Public :

1. In case of deeds concluded between their countrymen on the
one hand and local subjects on the other.

2. In case of deeds concluded between local subjects, if such deeds
have for their exclusive object property situated in Russia, or if they
relate to affairs which are to be dealt with in Russian territory.

Consular Officers are further empowered by these Conventions to
certify the validity of documents issued in Russia, for the purposes
of local authorities. All such deeds as are mentioned above, and
all copies, extracts or translations from such deeds, when properly

1 Letter of 1st June of iqoq, No. 7107. addressed to the Russian Consul
General in London.

§§ 83, 84.

Yavka.
Deeds

dealing with;
real estate j
in Poland.

§84.
France,
Germany, ]
Italy, Spain.

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