SOME PROBLEMS OF IMPLEMENTATION OF LEGAL AND TECHNICAL SUPPORT GUARANTEE IN NOTARIAL ACTIVITY IN THE PROTECTION OF CIVIL RIGHTS

Despite the fact that the Fundamentals of Legislation of the Russian Federation on Notaries expand the powers of a notary in connection with the digitalization of the economy, the emergence of new types of wills, the need for notarial support of real estate transactions, Art. 5 of the named law still contains most of the guarantees that were provided back in 1993. At the moment, there is a need to provide for other guarantees, taking into account the law enforcement practice. The content of the concept “guarantee” comes from the French “garantie” — “security”. Protection of subjective civil law is carried out by notaries and other persons in an indisputable manner, notaries guarantee the protection of the rights of citizens, provided that there is no dispute. The Constitution of the Russian Federation in Art. 2 stipulates that the protection of human and civil rights and freedoms is the responsibility of the state. The guarantees of notarial activity can be divided into general and special ones. On the one hand, the state, endowing a notary with powers, provides general guarantees, like any person. On the other hand, the notary himself, performing notarial acts, acts as a guarantor of the protection of civil rights (special guarantees). Within the framework of our research, attention is drawn to the conceptual apparatus, to the inexpediency of charging additional fees for legal support, and the rationality of charging monetary amounts for technical support. The practice of law enforcement of the Fundamentals of Legislation of the Russian Federation on Notaries testifies to the fact that the positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation are therefore not uniform on the issue. The interpretation of the results will help in the future express the significance of the notary in the protection of civil rights.

guarantee, notary, notary action, protection, civil rights, law, powers, problems of implementation of guarantees, legal support, technical support, court practice, fee and notary tariff

Konoplyannikova T. V., Shagivaleeva I. Z. Some problems of implementation of legal and technical support guarantee in notarial activity in the protection of civil rights. Business. Education. Law, 2021, no. 4, pp. 222—226. (In Russ.) DOI: 10.25683/VOLBI.2021.57.418.