CONDUCT OF CERTAIN INVESTIGATIVE ACTIONS IN RELATION TO A NOTARY

The participation of a notary in criminal proceedings is primarily associated with the provision of qualified legal assistance to suspects and defendants in a criminal case, but a notary may become a subject of criminal proceedings in an initiated criminal case both in relation to him/her and in relation to other persons. The absence of a case excludes the possibility of conducting verification activities in relation to a notary. The implementation of such actions by an investigator (inquiry officer) is often necessary to collect information and subsequently initiate a criminal case. The article discusses the legal basis and procedure for the conduct of such investigative actions in relation to a notary as the seizure of objects and documents, a search in the premises of a notary’s office, and interrogation as a witness. The author paid attention to the participation of the judiciary in the conduct of the above investigative actions. Judicial control is a guarantee of the legality of investigative actions. The author analyzed the problems of notarial secrecy in criminal proceedings, the rights and obligations of a notary to ensure it. The procedure for conducting investigative actions in relation to a notary must comply with the principle of legality, which the notary must ensure before starting them, and also request a court decision when the investigative bodies demand access to notarial secrecy. Notarial secrecy is any information received by the notary about the applicant when performing a notarial act. The premises of a notary’s office may become the object of operational investigative activities. The author substantiates the need to obtain a court decision in the conduct of operational-search measures in relation to a notary. The author concludes that there is no proper mechanism for the protection of notarial secrecy in the legislation.

notary, participants in criminal proceedings, seizure, search, interrogation, operational-search measures, notarial secrecy, witness, witness immunity, court decision

Nesmelova O. D. Conduct of certain investigative actions in relation to a notary. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2025;3(72):275—280. DOI: 10.25683/VOLBI.2025.72.1369.