The concept, legal nature, content and subjects of notarial legal relations under Russian law
- Authors: Mikhailova E.V.1
-
Affiliations:
- Institute of State and Law of the Russian Academy of Sciences
- Issue: No 9 (2024)
- Pages: 103-111
- Section: Court, prosecutor’s office, bar, notarial system
- URL: https://journals.rcsi.science/1026-9452/article/view/270696
- DOI: https://doi.org/10.31857/S1026945224090083
- ID: 270696
Open Access
Access granted
Abstract
The article examines the nature and main characteristics of the notarial legal relationship. The notarial legal relationship is considered as a kind of social relationship associated with the organization and functioning of the notary in Russia. Accordingly, a notarial legal relationship can be considered both in a narrow sense (relations between a notary and persons who applied for a notarial action), and in a broad sense, which also includes relations between notaries and notary chambers. Based on the comparative legal method, the author analyzes the theoretical foundations of civil procedural and notarial legal relations. It is proved that the notarial legal relationship is of a public law nature and of a substantive nature, due to which it cannot be attributed to procedural activities, and at the same time cannot be considered as a civil legal relationship. The obligatory subject of a notarial legal relationship (in the narrow sense) is a notary who performs a notarial act. The content of the notarial legal relationship is the rights and obligations regulated by Russian legislation on notaries and the Regulations for performing notarial acts.
Full Text
About the authors
Ekaterina V. Mikhailova
Institute of State and Law of the Russian Academy of Sciences
Author for correspondence.
Email: e.v.mihailova@bk.ru
Doctor of Law, Associate Professor, Acting Head of the Procedural Law Sector
Russian Federation, 10 Znamenka str., 119019 MoscowReferences
- Abova T. E. Subjects of Civil Law. M., 2000. P. 32 (in Russ.).
- Begichev A. V. Correlation of the legal status of public and private notaries // Eurasian Advocacy. 2017. No. 2 (27). Pp. 83–86 (in Russ.).
- Boldyrev V. A. About “legal entities” of public law // Russian Law Journal. 2008. No. 11. Pp. 127–134 (in Russ.).
- Vaskovsky E. V. Textbook of civil process / ed. by V. A. Tomsinov. M., 2003. P. 179 (in Russ.).
- Dolinskaya V. V. Interaction of private and public law as a system direction of development // Herald of Moscow State Regional University. 2020. No. 1. Pp. 7–19 (in Russ.).
- Korkunov N. M. Lectures on the General theory of law. SPb., 2003. P. 180 (in Russ.).
- Moiseeva O. V. Peculiarities of law enforcement practice of bringing notaries to responsibility as a result of abuse of powers // Law: History and Modernity. 2019. No. 3 (8). Pp. 70–80 (in Russ.).
- Moiseeva O. V. Legal nature of notarial legal relations and their position in the structure of the mechanism of legal regulation // Problems of economics and legal practice. 2020. Vol. 16. No. 3. Pp. 101–108 (in Russ.).
- Moskalenko A. I. Notarial activity in the context of the realisation of the protection of the right: general theoretical approach // Eurasian Advocacy. 2019. No. 2 (39). Pp. 97– 102 (in Russ.).
- Pogosyan E. V. The essence and features of proving in notarial activity //Herald of Saint Petersburg University. Law. 2022. Vol. 13. No. 1. Pp. 125–141 (in Russ.).
- Salikova N. M., Batukhtina E. M. Features of the labour law status of a notary // Russian law: education, practice, science. 2018. No. 5. Pp. 31–37 (in Russ.).
- Tkachenko E. V., Fomicheva R. V. To the question of the legal status of the notary of the Russian Federation // Herald of Tambov University. Series: Political Science and Law. 2016. No. 1 (5). Pp. 54–59 (in Russ.).
- Filippova O. V. Legal bases of private notaries’ activity in the Russian Federation // Humanities, socio-economic and social sciences. 2017. No. 5. Pp. 86, 87 (in Russ.).
- Chechina N. A. Selected works on civil procedure. SPb., 2004. Pp. 20–25 (in Russ.).
- Chirkin V. E. Legal entity of public law // Russian Law Journal. 2005. No. 5. Pp. 16–26 (in Russ.).
- Shakaryan M. S. Selected works. SPb., 2014. P. 60 (in Russ.).
