Advocacy and notary office. The concept of a notary (the most important)

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Advocacy and notary office. The concept of a notary (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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31. The concept of a notary

The term "notary" is ambiguous, it can be considered as:

1) a system of bodies and officials vested in accordance with the law with the right to perform notarial acts;

2) branch of legislation as a set of legal norms regulating public relations in the field of notaries;

3) an academic discipline, the subject of which is the study of issues of notarial proceedings and the activities of its participants in the notarial field.

The notary as a system of organs has the following characteristic features:

1) the appointment of a notary is to provide citizens and legal entities with qualified legal assistance;

2) notarial activity is of a legal nature, and its result is legal consequences (for example, notarized documents have legal force);

3) the subject of notarial activities are indisputable civil rights and legal facts. If a legal dispute arises during notarial proceedings, the notarial proceedings must be suspended until the dispute is resolved.

Currently, there are two main notarial systems in the world - the Latin and the Anglo-Saxon type.

For latin type it is characteristic that the notary acts as an independent representative of the state, endowed on behalf of the state with the authority to perform notarial acts and bears personal responsibility for the performance of notarial acts, and control over his activities is carried out by the state represented by the justice authorities and notary chambers. In countries with an Anglo-Saxon notary system, the notary and the lawyer act in one person.

Adopted in 1993, the Fundamentals of the legislation of the Russian Federation on notaries proclaimed a free notary of the Latin type.

The notary is characterized by the performance of certain functions:

1) law enforcement or protective, ensuring the legality and legality of the actions of participants in civil circulation;

2) jurisdictional, since the notary is engaged in both law-establishing and law enforcement activities;

3) preventive and prophylactic;

4) law enforcement, expressed in the fact that the notary is obliged to provide the necessary conditions for the activities of other participants in notarial proceedings;

5) law establishing, which consists in the need to establish certain groups of legal facts in a notarial procedure.

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

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