Advocacy and notary office. Notary: concept and activities (lecture notes)

Free technical library

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Advocacy and notary office. Notary: concept and activities (lecture notes)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

Comments on the article

Table of contents (expand)

LECTURE No. 17. Notaries: concept and activities

1. 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 in the course of notarial proceedings there is a dispute about the right, then the notarial proceedings must be suspended until the dispute is resolved;

4) the essence of the activity of a notary lies in the legal consolidation of civil rights and obligations in order to prevent their possible violation in the future.

Currently, there are two main notarial systems in the world - the Latin and the Anglo-Saxon type. The Latin type is characterized by the fact 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 judicial 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. Its main benefits compared to a public notary became:

1) broad powers;

2) independence from public officials;

3) personal property liability of a privately practicing notary, and, consequently, an interest in quality work;

4) self-financing, existence without costs for the budget.

According to Art. According to the Constitution of the Russian Federation, the constitutions of the republics within Russia, these Fundamentals, the protection of the rights and legitimate interests of citizens and legal entities by performing by notaries the notarial actions provided for by legislative acts on behalf of the Russian Federation. At the same time, notarial acts in the Russian Federation are performed in accordance with the Fundamentals - by notaries working in a state notary's office or engaged in private practice.

Notarial acts in Russia can be performed not only by notaries. In the absence of a notary in the locality, notarial acts are performed by officials of executive authorities authorized to perform these acts. Notarial actions on behalf of the Russian Federation on the territory of other states are performed by officials of the consular institutions of the Russian Federation authorized to perform these actions.

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;

6) certification, since the notary is empowered to give the actions of participants in civil circulation a special legal nature on behalf of the state.

2. Notarial activity

Currently, the notary in the Russian Federation is not included in the system of executive authorities, and the notary is not an official, but acts as an independent representative of the state, endowed by him in a special manner with the authority to perform notarial acts on behalf of the Russian Federation.

Notarial activity in the Russian Federation has a number of legal guarantees:

1) the notary is impartial, i.e. the parties who applied to him for legal assistance are in an equal position, the notary is not entitled to give preference to any of the parties. In carrying out his activities, he cannot pursue personal interests and benefits, as well as the interests of close relatives;

2) independence is manifested in the fact that in relation to the performed notarial act, the notary must independently make decisions without anyone's instructions;

3) in his activities, the notary is guided by the Constitution of the Russian Federation, the Constitutions of the republics within the Russian Federation, the Fundamentals of the legislation of the Russian Federation on notaries, legislative acts of the Russian Federation and the republics within the Russian Federation, as well as legal acts of state authorities of the autonomous region, autonomous districts, territories, regions, cities of Moscow and St. Petersburg, adopted within their competence, as well as international treaties;

4) a notary in the performance of official duties, as well as persons working in a notary's office, are prohibited from disclosing information, divulging documents that became known to them in connection with the performance of notarial acts, including after resignation or dismissal, except in cases where certificates of completed notarial acts are issued at the request of the court, prosecutor's office, investigating authorities in connection with criminal or civil cases being handled by them, as well as at the request of the arbitration court in connection with disputes being resolved by it. Information (documents) on performed notarial acts may be issued only to persons on whose behalf or on behalf of whom these acts were performed.

If the persons performing notarial acts or in respect of whom such acts are performed issue a power of attorney, then such documents may be issued by power of attorney to the persons specified in the power of attorney.

The law establishes certain restrictions on notarial activities. Yes, Art. 6 of the Fundamentals of the legislation of the Russian Federation on notaries (hereinafter referred to as the Fundamentals) states: "A notary is not entitled to engage in independent entrepreneurial and any other activities other than notarial, scientific and teaching, and to provide mediation services when concluding contracts."

Notarial activity is not entrepreneurship due to the fact that entrepreneurship involves making a profit, an entrepreneur in the field of his activity sets prices himself, focusing on supply and demand. Prices for notary services are established by law, and violation of such a law is the basis for depriving a notary of a license.

Being engaged in scientific activity, the notary improves his knowledge in the field of law, which contributes to his further professional growth.

The activity of notaries takes place in certain notarial districts, which are established in accordance with the administrative-territorial division of the Russian Federation. In cities that have a district or other administrative division, the notarial district is the entire territory of the corresponding city.

The territory of activity of a notary may be changed by a joint decision of the body of justice and the notary chamber. However, the body of justice, together with the notarial chamber, may establish a different district for conducting inheritance cases.

At the same time, the performance by a notary of a notarial action outside his notarial district does not entail the recognition of the invalidity of this action. The legislator directly indicates that a notary has the right to travel to another notarial district to certify a will in the event of a serious illness of the testator and in the absence of a notary in that notarial district at that time.

Author: Nevskaya M.A.

<< Back: The emergence of notaries (The emergence and development of notaries in the pre-Soviet period. Development of notaries in the Soviet period)

>> Forward: Legal foundations of notaries. Financial support for notarial activities (Legal sources of notarial activities. Financial support of notarial activities)

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Constitutional law of the Russian Federation. Crib

▪ Enterprise planning. Crib

▪ Hospital therapy. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive

The perception of time depends on what one is looking at 29.04.2024

Research in the field of the psychology of time continues to surprise us with its results. Recent discoveries by scientists from George Mason University (USA) turned out to be quite remarkable: they discovered that what we look at can greatly influence our sense of time.

During the experiment, 52 participants took a series of tests, estimating the duration of viewing various images. The results were surprising: the size and detail of the images had a significant impact on the perception of time. Larger, less cluttered scenes created the illusion of time slowing down, while smaller, busier images gave the feeling of time speeding up.

Researchers suggest that visual clutter or detail overload can make it difficult to perceive the world around us, which in turn can lead to faster perception of time.

Thus, it was shown that our perception of time is closely related to what we look at. Larger, less busy images create the illusion of time slowing down, while smaller, more detailed scenes can make it feel like time is speeding up. These findings open up new perspectives on how our brains process visual information and how we perceive the world around us.

Future studies are planned to confirm these results and refine the model of the visual system, as well as to study brain activity during perception.

Other interesting news:

▪ Fat people live longer

▪ Student Chromebook CTL H4

▪ New record for longest non-stop flight

▪ Electricity on cards

▪ Mining installations will heat greenhouses with tulips

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the website Basics of First Medical Aid (BFA). Selection of articles

▪ article Guarantees not worth the paper they are written on. Popular expression

▪ article What was the name of the city where Anna Karenina threw herself under a train? Detailed answer

▪ desert plants article. Tourist tips

▪ article Will the new energy age come? Electricity without cars. Encyclopedia of radio electronics and electrical engineering

▪ article Garland on tube and semiconductor indicators. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews