How to quickly obtain documents in Russia while in the US: about the identity or equivalence procedure

One of the notary's services is certifying the equivalence of a paper document to an electronic one. In this case, the paper document is sealed and signed by the notary, and the documents created in this way have equal legal force and are considered originals, not copies. This procedure can significantly simplify the lives of immigrants who need to formalize something in their home country.

One of the advantages of using equivalence in notarial practice is the ability to transmit documents over long distances. In addition to traditional notaries, Russian consular authorities have the right to certify such documents within the Russian Federation.

I am often asked if it is possible our New York office Help formalize identity for Russia. Yes, we do this and use this option extensively in our practice, often without a client's request. When is this needed? This option is most often used in inheritance cases, where not only are the application deadlines limited, but applicants often apply at the last minute.

The concept of an electronic document was introduced into Russian legislation by Federal Law No. 149-FZ of July 27, 2006, "On Information, Information Technologies, and Information Protection." This law provides the first legislative definition of an "electronic document": documented information presented in electronic form, that is, in a format suitable for human perception using a computer, as well as for transmission over information and telecommunications networks or processing in information systems.

Since July 1, 2014, the list of notarial actions has been supplemented by certification of the equivalence of an electronic document to a paper document.

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In 2015, Russian authorities established uniform requirements for the format of notarized electronic documents and certification of their equivalence to paper documents:

1. The electronic document is prepared by a notary in the form of an XML file signed with an enhanced qualified electronic signature of a notary in PKCS#7 format (a separated electronic signature in DER encoding).
2. This XML file must comply with the established XML schema format, located at the address indicated on the official website of the operator of the Unified Information System of Notaries. If the XML schema format changes, the new format will be posted on the official website of the UIS operator one month prior to its implementation.
3. To perform a notarial act to certify the equivalence of an electronic document to a paper document, the notary prepares an electronic image of the paper document submitted by the person who applied for the performance of this notarial act.
4. An electronic image of a paper document is generated as a single file in PDF format. The electronic document file includes a certification inscription executed electronically by a notary in accordance with Form No. 78, approved by Order No. 99 of the Ministry of Justice of the Russian Federation dated April 10, 2002.
5. The electronic image of the document containing the certification inscription is signed with an enhanced qualified electronic signature of a notary in PKCS#7 format.
6. An electronic document signed with a notary's enhanced qualified electronic signature is transferred by the notary to the person who has applied for the notarial act.

Information in electronic form signed with a qualified electronic signature is recognized as an electronic document equivalent to a paper document and can be used in any legal relationship.

If you are in the United States and need to prepare a power of attorney, application, consent, or any other document subject to notarization and submit it to Russia through the identity/equivalence procedure, this requires a complex, multi-step process that can only be completed by a professional.

In accordance with Article 408 of the Civil Procedure Code of the Russian Federation, documents issued, drawn up, or certified by competent authorities of foreign states outside the Russian Federation in relation to Russian or foreign citizens are accepted in the Russian Federation if legalized in accordance with the procedure established by the Hague Convention of October 5, 1961. Documents drawn up in a foreign language must be submitted to the competent authorities of the Russian Federation with a duly certified translation into Russian. After completing all necessary formalities both in the United States and in the Russian Federation, the document is ready for use in Russia for any purpose, including certifying the equivalence of a paper document to an electronic one.

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Thus, using modern technology, we obtain a legitimate document that is valid at any level and can be sent between countries in the shortest possible time. Many of our clients have already appreciated the convenience of this notarial act and the ability to receive this service in Karina Duval's office.

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