Legal Problems of Notarial Proceedings in the Modern World
https://doi.org/10.22394/2073-2929-2023-04-92-101
Abstract
The present study is aimed at considering topical international legal problems related to notarial proceedings on the territory of Russia and foreign countries, including within the framework of the EAEU. This article deals with some modern actual international legal problems of notarial proceedings in private international law.
Aim . Find ways to solve certain topical problems of notarial proceedings in private international law, in particular, the use of electronic documents issued outside the territory of the Russian Federation and the performance of notarial acts in connection with the introduction of economic measures in the context of sanctions against the Russian Federation.
Tasks. Outline the essence and depth of certain topical problems of modern notarial proceedings in private international law, in particular, the use of electronic documents issued outside the territory of the Russian Federation and the performance of notarial acts in connection with the introduction of economic measures in the context of sanctions against the Russian Federation; formulate conclusions and suggestions on the specified research topic.
Methods. The methodological basis of this study was the method of analysis and synthesis, the analytical method, the comparative legal method, the system-structural method, and some others.
Results . During the study, the authors concluded that notary activity with a foreign element is a complex and responsible process that requires not only a high level of professionalism and competence from a notary public, but also the ability to work with clients from different countries, as well as with other specialists, in order to ensure the correct and accurate execution of documents. It is important to understand that each case can be unique, and a notary must be prepared to adapt to different situations and provide effective problem solving for his clients. However, a properly organized and professionally executed notarial activity with a foreign element can be an important step towards a successful international transaction or legal procedure.
Conclusions . If we turn to modern problems of notarial proceedings in private international law, we can conclude that notarial proceedings in the Russian Federation were significantly affected by the global pandemic and the imposed sanctions conditions, which made it difficult or impossible to provide paper documents necessary for notarial acts. We believe that the transition to electronic document management will have a positive impact on international cooperation and will facilitate the performance of notarial acts. As a solution to the problem, we proposed the conclusion of an international treaty regulating electronic document management, in which it would be possible to establish the possibility of accepting international electronic documents.
About the Authors
O. G. ParamuzovaRussian Federation
Olga G. Paramuzova, Associate Professor of Department of Law, Faculty of Law, PhD in Jurisprudence
Saint Petersburg
I. V. Gamova
Russian Federation
Irina V. Gamova, translator
Saint Petersburg
References
1. Inshakova A. O. Legislative Approbation of the Expanded Authority of Notary in the Sphere of Civil Turnover of the Real Estate: The Russian Federation and European Law Orders // Мodern Scientific Thought [Sovremennaya nauchnaya mysl’]. 2017. No. 4. P. 241–256 (In Rus.) EDN: ZDNCSX
2. Maftuna A. A. Problematic Issues of Notarial Acts in Private International Law // Central Asian Academic Journal of Scientific Research. 2022. Vol. 2. No. 5. P. 879–888. (In Rus.)
3. Mikhailova E. V. Novelization of legislation in the field of notarial protection and protection of civil rights and legitimate interests: trends and Perspectives // Notary Bulletin [Notarial’nyi Vestnik]. 2021. No. 1. P. 104–114. (In Rus.) EDN: JNPCMJ. DOI: 10.53578/1819-6624_2021_12_49
4. Paramuzova O. G., Pazhetnev B. S. The Prob lem of Notarial Proceedings in Private International Law // Young Scientist [Molodoi uchenyi]. 2019. No. 22 (260). P. 343–345. (In Rus.) EDN: BUJBNB
5. Rozova N. A. Key Features of the Legal Regulation of the Responsibility of Notaries in Foreign Countries // Young scientist [Molodoi uchenyi]. 2022. No. 52 (447). P. 278–281. (In Rus.) EDN: PTFXTR
6. Smirenskaya E. V. Institute of Real Estate State Registration and Notarial Certification of Transactions as a Whole Elemen t of the Civil Turnover Stability: Legislation Innovations // Legal Concept [Pravovaya paradigma]. 2019. Vol. 18. No. 1. P. 30–39. (In Rus.) EDN: RYCHYA. DOI: 10.15688/lc.jvolsu.2019.1.4
7. Solovyanenko N. I. Electronic Documents in the Field of Notary: Legal Functions and Mechanisms of Legal Regulation // Law and Practice [Pravo i praktika]. 2022. No. 3. P. 81–87. (In Rus.) EDN: EUIJZI. DOI: 10.24412/2411-2275-2022-3-81-87
8. Tlyabicheva M. Kh. International Union of “Latin” Notaries as a Supranational Organization for Ensuring Notarial Activities // Alley of Science [Alleya nauki]. 2018. V. 3. No. 11 (27). P. 721–725. (In Rus.) EDN: YVQAPB.
9. Tymchuk Yu. A. Notarial Certificate of Transactions with the Real Estate: Comparative and Legal Analysis of the Legislation of the Eurasian Economic Union Countries // Legal Concept [Pravovaya paradigma]. 2019. Vol. 18. No. 1. P. 40–48. EDN: FSMBWF. DOI: 10.15688/lc.jvolsu.2019.1.5
10. Tymchuk Yu. A. Improvement of Legislation on Notary of Member States of the Eurasian Economic Union in the Context of Digitalization of International Civil Circulation of Real Estate // Surgut State University Journal [Vestnik Surgutskogo gosudarstvennogo universiteta]. 2021. No. 2 (32). P. 135–140. (In Rus.) DOI: 10.34822/2312-3419-2021-2-135-140.
11. Fedorenko Y. V., Polozova M. R. Peculiarities of Notarial Activity on the Territory of the Russian Federation, Complicated by a Foreign Element // Mediation as an Alternative Way to Resolve Disputes: A Collection of Scientific Articles Based on the Materials of the IV International Scientific and Practical Conference, Rostov-on-Don. 2021. P. 132–137. (In Rus.) EDN: MDDFEV
Review
For citations:
Paramuzova O.G., Gamova I.V. Legal Problems of Notarial Proceedings in the Modern World. EURASIAN INTEGRATION: economics, law, politics. 2023;17(4):92-101. (In Russ.) https://doi.org/10.22394/2073-2929-2023-04-92-101