JUDICIAL CONTROL OVER THE NOTARY ACTIVITY

The independent notary plays a significant role in legal system, it does not imply interference of third parties in its activities and at the same time requires the organization of effective state control over the institution. This is realized in two forms of judicial control: special proceedings in accordance with Chapter 37 of the Civil Procedure Code of the Russian Federation and lawsuit proceedings in disputing transactions certified by a notary on the claims of interested parties. Differentiated procedural form allows to optimally use the advantages of judicial relief. Historical and foreign experience testify to the advisability of choosing the model of judicial control over notarial activity, providing, on the one hand, the principle of independence of the notary, on the other hand - control over the implementation of its publicly significant functions. The author concludes that the task of the domestic legislator is to preserve the currently implemented mechanism of judicial control.