NOTARY AS A SPECIAL JURISDICTIONAL SUBJECT OF HUMAN RIGHTS ACTIVITY

The establishment and maintenance of a regime for the protection of individual rights in modern Russian civil society is possible provided that the bodies of civil jurisdiction fulfill their jurisdictional tasks. The article substantiates the thesis that the legal status and competence of a notary are implemented in the procedures for the execution of jurisdictional tasks that provide for the protection of the rights and legitimate interests of citizens and legal entities by performing notarial actions, including those performed electronically and remotely. The author establishes the role of the Russian notary as a special jurisdictional subject of human rights activity in the conditions of electronic document management. Special attention in the article is paid to such categories as the professional activity of a notary (its structure is disclosed, the public and socially significant nature of the notary profession is analyzed), a notary (a definition is formulated, their legal status and competence as an official are determined, questions of their responsibility are considered), civil jurisdiction (considered in the context of modern legal doctrine), the institute of the notary (its dualistic nature is considered, its role as part of civil jurisdiction is determined), the jurisdictional function of the notariat (it is revealed, that notaries carry out jurisdictional activities through compliance with special procedures that make up the notarial procedure, that is, notarial proceedings), human rights activities (the notary’s special human rights role is designated). The study concludes that a notary is a special jurisdictional subject of human rights activity, endowed by the state with an individual legal status, having competence established by law. The legal status and competence of a notary are realized through the procedures of notarial actions, including actions performed electronically and remotely.

notary, notarial system, powers of notary, special jurisdictional entity, functions of notariat, jurisdictional function, civil jurisdiction, professional activity, human rights activity, profession

Kaplunova N. A. Notary as a special jurisdictional subject of human rights activity. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;3(64):303—306. DOI: 10.25683/VOLBI.2023.64.763.