Problems of Qualification and Application of Financial Liability of a Notary: The Search for a Legal Regulation Model

This article analyzes the legislation and law enforcement practice on the application of property liability measures in relation to a notary when he/she performs notarial activities. The features of the offense that determines the application of liability are considered, the practice of interpreting the condition of the notary’s guilt is criticized, and the confusion of the concepts of professional risk and guilt is established. The author comes to the conclusion about the civil-law nature of this liability, and considers it important to take into account its systemic nature in the general group of measures provided for minimizing the risks of participants in civil turnover, as having professional specificity.

Authors

Publication Details

Journal
CIVIL LAW
Published
2024-09-12
DOI
https://doi.org/10.18572/2070-2140-2024-5-2-7
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
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article

Problems of Qualification and Application of Financial Liability of a Notary: The Search for a Legal Regulation Model

Marina N. Ilyushina
CIVIL LAW
Digital Transformation in Law
article

Problems of Qualification and Application of Financial Liability of a Notary: The Search for a Legal Regulation Model

Marina N. Ilyushina
article en

Abstract

This article analyzes the legislation and law enforcement practice on the application of property liability measures in relation to a notary when he/she performs notarial activities. The features of the offense that determines the application of liability are considered, the practice of interpreting the condition of the notary’s guilt is criticized, and the confusion of the concepts of professional risk and guilt is established. The author comes to the conclusion about the civil-law nature of this liability, and considers it important to take into account its systemic nature in the general group of measures provided for minimizing the risks of participants in civil turnover, as having professional specificity.

CIVIL LAW
Openalex Percentile: Top 70%
Digital Transformation in Law
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