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P. IV., Сн. IV. DRAWING UP, Sc., DOCUMENTS.
■documentary evidence, of their authenticity. As difficulties
occasionally arise as to what documents may be considered sufficient proof
of identity, it is the rule, in some Russian Consulates, that all signatures
■of foreigners, whether on contracts or on documents certifying simple
facts, must be attested by a local Notary Public before they can
be legalised by the Consul. Other Russian Consuls keep special
books, in which all foreign business firms or individuals who have
occasion to apply to the Consulate at all frequently for the
legalisation of their signatures are required to sign. Their signatures need
not then be first attested by Notaries Public, as the Consular Officer
is in a position to satisfy himself of their authenticity by a reference
to his book.
In their- own private affairs and in those of their relations, Russian
State or Elective Consuls are not permitted either to draw up or to
.legalise notarial deeds of any description. In such cases they must
apply to another State Consul.
On the ist January, the ist May, and the ist August, the State
Consul is required to make a return to the Ministry for Foreign Affairs
of all the attestations by him of documents containing agreements
between two or more persons. His report must mention the contents
of the documents, their date, the names of the persons by whom they
were issued and of those in whose favour they were made out, and also
the date of their attestation.1
Generally speaking, every Russian subject has legal capacity, except
a minor, or one who has been deprived of legal capacity by judgment
in a Court of Justice, as for instance, in the case of one who has been
declared a bankrupt.
The form of procedure for the revocation of legalised documents,
as for instance, the cancelling of a power of attorney, is provided fcr
in Arts. 825, 826, 909, 1424, 1648, Part I. of the Code of Civil Lavs
(Ed. 1900). If a power of attorney which has been legalised at a
Russian Consulate is revoked and has been cancelled by a Law Court
in Russia, the latter must advise the particular Russian Consulate which
legalised the document of its revocation.
Some Elective Consular Officers are under the impression that
■ documents which they must not legalise, viz. : a power of attorney,
agreements, etc., may be signed in their presence, and that the
document can then be sent to the State Consul, their superior officer, for
legalisation. Such a course does not meet the requirements of the
law, inasmuch as no State Consul may legalise a signature that has
not been affixed to the document in his presence. Moreover, to
establish the identity and legal capacity of the person, it is necessary to
examine the papers which he may present to that effect. Such papers,
as for instance, national passports, etc., are, in the case of Russians,
in the Russian language, and if Russian Elective Consular Officers
do not know that language, it stands to reason that, by themselves,
they cannot establish the identity of a Russian subject. As for
example, the case of the Russian Consul at Plymouth may be quoted.
A Russian subject who called himself Stein, induced this Consul to
send the power of attorney which he, Stein, had signed, to the Russian
1 Cons. Reg., Art. 16.
§87.
[-Revocation-]
{+Revoca-
tion+} oi
document
Powers to
be signed
in presence
oi State
Consul.
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