The humanities and social science

2021 Issue №4

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The preventive function of the notary: topical issues



The article analyzes the preventive function of the notary, defines the concept and place of the notary in the Russian legal system and among the bodies of civil jurisdiction, reveals the issues of notarial mediation, makes some proposals for improving the legislation. The notary, as an institution of preventive justice, carries out pre-trial resolution of conflicts, ensures the rule of law and plays a huge role in the successful resolution of disputes without going to court, thereby facilitating their work, protecting their rights and interests, and also establishing mutual understanding between the subjects of civil circulation. Taking into account the main preventive function of the notaries, some additions should be made to the legislation on notaries, namely, Art. 1 of the Fundamentals of the legislation of the Russian Federation on the notary, the provision that the main purpose of the notary is to prevent offenses by performing notarial acts, provided for in Art. 35 Fundamentals.