Advocacy and notary office. Development of the notary office during the Soviet period (most important)

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Advocacy and notary office. Development of the notary office during the Soviet period (most important)

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30. The development of notaries in the Soviet period

After the October Revolution in Russia, fundamental changes took place in state and public life, which actually destroyed the existence of a free notary.

Decree No. 1 "On the Court" the old state authorities were abolished, including courts, institutions of judicial investigators, prosecutorial supervision, jury and private advocacy, and notaries were abolished somewhat later. The Regulations on the notary part were also canceled and the nationalization of notary offices was announced, a little later they were liquidated, and notary departments were created in their place, which were headed by people's notaries, but soon they were also abolished.

On October 4, 1922, the first legislative act on the notaries of the Soviet period was adopted - Regulations on the state notary of the RSFSR, according to which the executive committees of local authorities created notary offices locally. Where it was not possible to establish notary offices, the performance of notarial functions, except for the execution of acts and certification of contracts, was entrusted to people's judges.

Notaries were authorized to perform the following actions:

1) making obligatory notarial deeds;

2) certification of contracts concluded by state, cooperative, public institutions, enterprises, organizations;

3) protesting bills of exchange, etc.

On May 14, 1926, the Decree of the Central Executive Committee and the Council of People's Commissars of the USSR "On the basic principles of organizing a state notary" was adopted, where the following were identified as the main principles:

1) the inadmissibility of notaries filling other public positions;

2) receipt by notaries of remuneration for their work only from the state;

3) obligatory observance of notarial secrecy.

Later, the Regulations on the State Notaries of the RSFSR were adopted on July 20, 1930, December 31, 1947, September 30, 1965. And only on July 19, 1973, the USSR Supreme Soviet adopted the Law of the USSR "On the State Notaries", and on August 2, 1974 the Law of the RSFSR "On the State Notaries" was adopted, which legislatively consolidated the powers of notaries to issue certificates: on the ownership of a share in the common property of the spouses, on a share in the common property of the spouses at the request of the surviving spouse, as well as on a share in the common property registered for the surviving spouse.

After the collapse of the USSR, reforms in the direction of building a state of law showed the need to solve the problem of ensuring the legality of civil circulation, primarily in the field of real estate, protecting the rights and freedoms of citizens. And adopted in 1993, the Fundamentals of the legislation of the Russian Federation on notaries proclaimed a free notary of the Latin type.

Authors: Nevskaya M.A., Shalagina M.A.

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