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MAIN PAGE > Journal "Urban Studies" > Rubric "Юридическая практика и нотариат"
Юридическая практика и нотариат
Akhrameeva O.V. - Improving notarial services provided by the local authorities as a basis of legal stability in townships pp. 49-66


Abstract: Notarial acts are a form of state service provided to the population by state-authorized organizations and individuals, including municipal authorities. This article examines the theoretical and practical aspects of empowering the local authorities to provide notarial services. The author substantiates that some municipal units in Russia provide notarial services on a non-professional basis, and townships usually have notarial services performed by individuals that lack the necessary qualification.The article analyzes existing criteria and procedure for applying for a notarial license, compares Russian and foreign experience, and provides ideas on improving the regulation of all stages of getting authorized into the notary profession in the form of a universal, Federal-level Act that would fill regulation gaps and clarify the access procedures for the merit-based acceptance into the notary profession. The author draws attention to the guarantees provided by notarial services that are the basis for the notary work itself (for government notaries, as well as those not paid from state budget), as well as the application and enforcement of Law. Namely - full, up to standard quality, Law-based, bare-minimum notarial services provided to the citizens who live in townships. In this article, the author provides a comparative Law research of the realization of notarial powers by notaries and municipal statesmen, and points out the flaws in the legal regulation for this public service. The author analyzes the legal acts that regulate municipal authorities performing notarial services. The author elaborates theoretical and practical issues that emerge in the process of empowering municipal authorities with state powers. The author designates the main parameters for interaction, offers propositions for the development of delegated powers as a legal institute and touches upon the issue of practicability of giving state powers to municipal bodies.
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