The concept, legal nature, content and subjects of notarial legal relations under Russian law

The article examines the nature and main characteristics of the notarial legal relationship. The notarial legal relationship is considered as a kind of social relationship associated with the organization and functioning of the notary in Russia. Accordingly, a notarial legal relationship can be considered both in a narrow sense (relations between a notary and persons who applied for a notarial action), and in a broad sense, which also includes relations between notaries and notary chambers. Based on the comparative legal method, the author analyzes the theoretical foundations of civil procedural and notarial legal relations. It is proved that the notarial legal relationship is of a public law nature and of a substantive nature, due to which it cannot be attributed to procedural activities, and at the same time cannot be considered as a civil legal relationship. The obligatory subject of a notarial legal relationship (in the narrow sense) is a notary who performs a notarial act. The content of the notarial legal relationship is the rights and obligations regulated by Russian legislation on notaries and the Regulations for performing notarial acts.

Authors

Institutions

Publication Details

Journal
Gosudarstvo i pravo
Published
2024-11-19
DOI
https://doi.org/10.31857/s1026945224090083
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The concept, legal nature, content and subjects of notarial legal relations under Russian law

Ekaterina V. Mikhailova
Gosudarstvo i pravo
Digital Transformation in Law
article

The concept, legal nature, content and subjects of notarial legal relations under Russian law

Ekaterina V. Mikhailova
article en

Abstract

The article examines the nature and main characteristics of the notarial legal relationship. The notarial legal relationship is considered as a kind of social relationship associated with the organization and functioning of the notary in Russia. Accordingly, a notarial legal relationship can be considered both in a narrow sense (relations between a notary and persons who applied for a notarial action), and in a broad sense, which also includes relations between notaries and notary chambers. Based on the comparative legal method, the author analyzes the theoretical foundations of civil procedural and notarial legal relations. It is proved that the notarial legal relationship is of a public law nature and of a substantive nature, due to which it cannot be attributed to procedural activities, and at the same time cannot be considered as a civil legal relationship. The obligatory subject of a notarial legal relationship (in the narrow sense) is a notary who performs a notarial act. The content of the notarial legal relationship is the rights and obligations regulated by Russian legislation on notaries and the Regulations for performing notarial acts.

Gosudarstvo i pravo(9)
Institute of State and Law (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 63%
Digital Transformation in Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.