The advocacy feature of the modern notariat

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Abstract


In the article, author shows importance of improving all elements of the legal mechanism, in particular notariat. Author puts forward the statement, that the notariat acts as a point of intersection of the private and public law, as a result, has a dualistic nature, which is manifested in the fact, that the notary is both an authorized representative of the state and independent legal advisor. In modern Russia the notariat is non-governmental institution, to which in accordance with Part 1, Article 1 of «Fundamentals of Russian Federation legislation on Notaries» were delegated certain powers of the state to implement one of the most important state functions, namely to protect the rights and legitimate interests of citizens and legal entities. Author examines the idea of G.G. Cheremnyh and I.G. Cheremnyh to divide the functions of notariat in the two groups, depending on from which nature they are derived (public law, private law). This article reveals the existing current approaches to understanding of the function of the human rights of notaries. The author believes that the notariat is directly involved in the creation of a favorable environment for economic activity and civil turnover, for the sustainable development of society. The importance of this function in a modern legal reform is shown in details. In conclusion, the author cites the opinion of B.V. Shagiev, that the notariat should rather be attributed to the human rights organizations, than to law enforcement agencies. The author agrees with this position and believes that the notariat performs its advocacy function on behalf of the state.

P A Kucherenko

Peoples’ Friendship University of Russia

Email: kpete@yandex.ru
The Department of Constitutional and Municipal Law Law Institute

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