Human activity always acquires the characteristics of the sphere in which it is produced. Therefore, today there are a large number of different industries where each of us can apply our knowledge and skills. In this case, legal activity is of great importance to society. After all, it applies to almost all social relations. If you pay attention to the legislation, then, in fact, it regulates almost any human action, if you do not take into account the most commonplace aspects. Buying a car, selling real estate, going to court, shopping at a store - there are regulations on absolutely all of these issues. Thus, legal activity plays a significant role. However, it exists in different interpretations. Today we can talk about the presence in our state of law enforcement, judicial, lawyer, etc. But the representatives of the notary public are most “in contact” with the public. This interesting branch of jurisprudence has characteristic features and its own history of formation, which will be discussed later in the article.
The concept of notary
Today in Russia, the activities of notaries are quite developed. This is due to the gradual evolution of social relations, which are increasingly approaching global trends. The notary system in this case plays a paramount role in the process of regulating social communications of a civil type. However, the mentioned type of activity cannot be characterized from a mere position. That is, the notary notion is multifaceted and has several meanings. Of course, the most important is the legislative interpretation. Thus, the notary public is a system of interconnected bodies and officials working in them, who are empowered to implement special, notarial actions. They, in turn, are implemented in order to protect the interests and rights of citizens of the Russian Federation.
Other meaning of the term
As mentioned earlier, the concept of notary has several interpretations. We analyzed the main, legislative. However, a notary public is a complex phenomenon. It can also be represented in the following interpretations, namely:
- as the legislative industry governing the 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 in the territory of the Russian Federation.
The formation of a notary
All existing authorities in the Russian Federation have their own history of development. The notary system is no exception. However, scientists do not have a single view on the problems of the origin of this organ system. For example, until the sixteenth century there is no evidence of the existence of a notary public. After this timestamp, some information begins to appear. At the same time, this moment of origin is quite logical. Indeed, starting from the 16th century, Russia is expanding its trade turnover and finding new markets. Already in those days, oral transactions ceased to be the norm.
They are replaced by written contracts with legal force. Further development of the system spread to almost all of the obligatory relationships. In this case, the notary acquires a certain kind of legal regulation. For example, at the end of the XVII century, Peter I took measures aimed at creating the legal basis for the commission of certain transactions.
That is, the first regulatory framework for notaries is being created. Further development of this legal branch falls on the period of the existence of the USSR and the independence of the Russian Federation.
Legislative regulation in modern Russia
Any activity should be based on a number of specific acts, that is, proper legal regulation is necessary . Only in this case can we talk about the legitimacy and legitimacy of a particular activity. In this case, the notary is a whole system of legal actions, which is most closely related to the daily life of people. Therefore, this kind of activity is simply obliged to have the appropriate legal regulations.
Legislation on notaries exists in Russia today. It is presented in the form of a hierarchical structure of various acts, such as:
- Constitution of the Russian Federation.
- The tax code of the Russian Federation.
- Civil Code of the Russian Federation.
- Fundamentals of Notary Law.
- Various kinds of by-laws.
This list represents legal regulation in general. But the key act is the foundations of legislation on notaries.
Description of the main act
The Russian notary acts on the basis of the provisions of the relevant legislative document. It indicates the main aspects of the functioning of the said organ system. The notary basis establishes the legal status of this activity, the rights and obligations of its representatives, their financial support, the control regime over them, etc. That is, this act is a codified code of legal rules for notarial activity. Its existence greatly facilitates legal regulation.
The essence of notarial activities
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 activities of a notary public consist of a number of specific actions that a special subject can implement. The entire list of powers has a clear legal regulation.
In this case, the legislative framework for notaries 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 rights and facts of an indisputable nature;
- protection of property included in the estate;
- actual fulfillment of obligations of an indisputable nature;
- providing evidence in the event of a trial;
- actions related to the storage of documents.
All of these activities can be carried out by notaries who have their own legal status.
Russian representatives of notaries
In the system of any organs there are employees. They are representatives of a particular activity. At the same time, employees have a certain legal status, which determines their powers, rights and obligations. The law on notaries gives an exhaustive amount of information about the personality and position of the person concerned, that is, the notary. For example, in accordance with article 2 of the fundamentals of legislation, a person who meets the following requirements may occupy the mentioned position, namely:
- having a higher education in legal profile;
- having legal experience (at least five years);
- the person's age must be at least twenty-five years;
- He must pass an examination for his qualifications.
Moreover, the law on notaries has a number of restrictive norms. In accordance with them, representatives of the system cannot be citizens of foreign states, persons with a criminal record, partially capable, incompetent, etc.
Rights and obligations of notaries
A significant 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 obligations of notaries are represented in the same legislative act - the Fundamentals of Legislation on Notaries. Its provisions show the real possibilities 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 the actions prescribed by law;
- require from individuals and legal entities all the necessary documents with a view to the further implementation of notarial acts;
- create projects of specific transactions, documents of a different kind;
In contrast to opportunities, a notary has a number of responsibilities, for example:
- assist in the protection of all legal entities and individuals, as well as realize their rights;
- provide notarial secrecy;
- refuse notarial assistance, if there are legislative grounds for this;
- assist the tax authorities.
As we see, the legal status of notaries is quite extensive. In addition to rights and obligations, it also contains a number of certain restrictions. The norms fixing them show those specific actions for which the notary is not entitled to perform. These are:
- doing business;
- mediation in the process of concluding contracts;
- carrying out notarial acts in the own name or the names of relatives;
- committing notarial acts contrary to law.
Types of notaries
Today in the Russian Federation there are two main varieties of the organ system considered in the article. The notary is divided into public and private. The first type is characterized by the fact that it is a state type organ. Such notaries perform all their actions 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, and not for the state. Nevertheless, the status of representatives of both the private and state system of departments is absolutely identical.
Anglo-Saxon Notary
It should be noted that in different countries the principle of activity of various bodies is significantly different. A good example is the state of the continental and Anglo-Saxon legal families. In them, the contrast of the activity of organs is manifested most clearly. For example, the Anglo-Saxon notary is a unique and different system of departments from the Russian one. Its main feature is the fact that all activities are based on judicial precedent. Great importance is given to the testimony of real persons. This greatly reduces the role of written documents. In addition, notary and advocate functions are very often mixed in common law countries.
Conclusion
So, we examined the concept, features and types of Russian notaries. This essential organ system has many aspects that still need processing and development. But, despite this, the notary of modern Russia is quite effective and helps many people in certain issues.