The notary is ... The notary in the Russian Federation. The Notary Act

Man's activity always acquires features of the sphere in which it is produced. Therefore, to date, there is a large number of different industries, where each of us can apply their knowledge and skills. In this case, legal activity is of great importance for society. After all, it concerns almost all social relations. If you pay attention to legislation, then, in fact, it regulates almost any action of a person, if you do not take into account the most banal aspects. Buying a car, selling real estate, going to court, shopping in a store - absolutely on all these issues there are normative acts. Thus, legal activity plays an important role. In this case, it exists in different interpretations. To date, we can talk about the presence in our state of law enforcement, judicial, lawyer, etc. But most closely with the public "contact" representatives of the notary. This interesting branch of jurisprudence has its own characteristics and its own history of formation, which will be discussed later in the article.

Notary Notion

Today, the activity of notaries in Russia is quite developed. This is due to the gradual evolution of social relations, which are increasingly approaching world trends. The notarial system in this case plays a primary role in the regulation of social communications of a civilian kind. However, this type of activity can not be characterized from a single position. That is, the notarial concept is multifaceted and has several meanings. Of course, the most important is the legislative interpretation. Thus, the notary is a system of interrelated bodies and officials working in them, who are authorized to implement special, notarial actions. They, in turn, are carried out with a view to ensuring the protection of the interests and rights of Russian citizens.

Other meaning of the term

As mentioned earlier, the concept of notary has several interpretations. We analyzed the basic, legislative. However, the notary is a complex phenomenon. It can also be presented in the following interpretations, namely:

- as a legislative branch regulating relevant activities;

- as a specific training course, the purpose of which is to study the main points of notarial activity for the preparation of qualified notaries.

As we see, this concept has several interpretations, each of which characterizes it in its own way. But it is worth noting that the notary has a long history of development on the territory of the Russian Federation.

Formation of notaries

All the existing authorities in the Russian Federation have their own development history. The notarial system is no exception. However, scientists do not have a common view on the problem of the origin of this system of organs. For example, until the 16th century there is no evidence of the existence of a notary. After this time mark, some information begins to appear. At the same time, this origin is quite logical. After all, since the XVI century, Russia is expanding its trade and finding new markets. Already in those days oral transactions cease to be the norm. Replacing them are written contracts that have legal force. Further development of the system has spread to virtually all obligations. At the same time the notary obtains a certain kind of legal regulations. For example, at the end of the 17th century, Peter I took measures aimed at creating the legal basis for making certain transactions. That is, the first normative base of notaries is being created. The further development of this legal branch falls on the period of the existence of the USSR and the independence of the Russian Federation.

Legislative regulations in the modern RF

Any activity should be based on a number of certain acts, that is, proper legal regulation is necessary . Only in this case we can talk about the legitimacy and legitimacy of this or that activity. In this case, the notary is a whole system of legal actions that most closely relates to the daily activities of people. Therefore, this kind of activity is simply obliged to have an appropriate legal regulation.

Legislation on the notary exists in Russia today. It is represented in the form of a hierarchical structure of various acts, such as:

1. The Constitution of the Russian Federation.
2. The Tax Code of the Russian Federation.
3. The Civil Code of the Russian Federation.
4. Fundamentals of legislation on notaries.
5. Various kinds of by-laws.

This list represents legal regulation in general. But the key act is the foundations of legislation on notaries.

Characteristics of the main act

The Russian notary acts on the basis of the provisions of the relevant legislative document. It describes the main aspects of the functioning of the said system of organs. Fundamentals of the notary establish the legal status of this activity, the rights and duties of its representatives, their financial security, the control over them, etc. That is, this act is a codified set of legal rules for notarial activities. Its existence greatly facilitates legal regulation.

The essence of notarial activity

In most cases, people do not understand all the features of the existing system of bodies and the powers of its representatives. At the same time, the activity of the notary consists of a number of specific actions that a special entity can implement. The entire list of powers has a clear legal regulation.

In this case, the legislative basis for the notary provides the following list of types of specific actions. These include the following, for example:

- all actions aimed at legal certification of transactions;

- actions to certify the rights and facts of an indisputable nature;

- protection of property included in the hereditary mass;

- actual fulfillment of obligations of indisputable nature;

- providing evidence in the event of a trial;

- actions related to the storage of documents.

All these activities can be carried out by notaries who have their own legal status.

Russian representatives of notaries

In the system of any bodies there are employees. They are representatives of one or another activity. Thus employees have the certain legal status which defines their powers, the rights and duties. The law on notaries gives an exhaustive amount of information about the person and position of the person concerned, that is, a notary. For example, in accordance with article 2 of the legislative framework, the said post may be occupied by a person who meets the following requirements, namely:

- having a higher education of a legal profile;

- having a legal experience (not less than five years);

- the age of the person must be at least twenty five years;

- he must pass the exam for his qualification.

In this case, the law on notaries has a number of restrictive norms. According to them, the representatives of the system can not be citizens of foreign states, persons with a criminal record, who are limited in capacity, incompetent, etc.

Rights and duties of notaries

An important role in the analysis of the legal regime of representatives of the corresponding system of bodies is played by their actual capabilities. The rights and duties of notaries are presented in the same legislative act - the Fundamentals of Legislation on Notaries. Its provisions show the real capabilities of the representatives of the system and its actual obligations to society and the state. Thus, according to his rights, a notary can:

- perform all actions that are prescribed by law;

- to demand from persons of physical and legal all necessary documents with the purpose of further realization of notarial actions;

- create projects of specific transactions, documents of a different kind;

In contrast to the opportunities for the notary, a number of responsibilities are spread, for example:

- to promote protection of all legal and physical persons, as well as to realize their rights;

- provide a notarized secret;

- refuse to notarial assistance, if for that there are legislative grounds;

- to assist the tax authorities.

As we can see, the legal status of notaries is quite extensive. In addition to rights and duties, it also contains a number of limitations. The norms fixing them, show those concrete actions, which the notary has no right to perform. These are:

- engaging in business;

- mediation in the process of concluding contracts;

- implementation of notarial actions in own name or names of relatives;

- commission of notary acts contrary to the law.

Types of Notaries

For today in the Russian Federation there are two basic versions of the system of organs considered in the article. The notary is divided into state and private. The first type is characterized by the fact that it is a state-type body. All such actions are carried out by notaries on behalf of the Russian Federation. The private sector performs the same functions, that is, there is no difference in the activity itself. An exception is the fact that private notary bodies work for themselves, not for the state. Nevertheless, the status of representatives of both the private and the state system of departments is absolutely the same.

Anglo-Saxon Notary

It should be noted that in different countries the principle of the activities of these or other bodies is significantly different. A good example is the states of the Continental and Anglo-Saxon legal family. In them, the contrast of the activity of organs is most clearly manifested. For example, the Anglo-Saxon notary is a unique and different from the Russian system of departments. Its main feature is the fact that all activities are based on judicial precedent. Great value is given to the testimony of real persons. This largely reduces the role of written documents. In addition, in countries of common law, notarial and advocacy functions are very often combined.

Conclusion

So, we have considered the concept, features and types of the Russian notariat. This necessary system of organs has many aspects that still need to be recycled and developed. But, despite this, the notariat of modern Russia operates quite effectively and helps many people in various matters.