The guarantees of this kind of activity are aimed at separating the notary from all kinds of parties of specific civil legal relations. It is within their framework that an appeal is made to a specialist in order to designate him as the holder of public authority and an independent arbitrator.
Notarial activity: guarantees
This concept is a legally significant mechanism for ensuring the work of an expert in the field of law. His activities are rigorously implemented on the basis of constitutional consolidation of the rights of citizens to receive highly qualified legal assistance. At the same time, this is not only a law enforcement, but also a legislative level. Guarantees of notarial activities include:
- Impartiality.
- Notarial secret.
- Independence.
- The requirement to be guided by the Constitution and the charters of the subjects of Russia in their activities. It is also important to refer to the notary basics. Other regulations are no less significant.
It is noteworthy that the guarantees of notarial activity in Belarus practically do not differ from those that apply in the territory of the Russian Federation. In fact, they are the same for both countries.
Guarantees of the work of a notary in the Russian Federation: we reveal the concepts
The need for competent execution of various documents arises throughout life more than once or twice. That is why you need to know what guarantees of notarial activity must be observed by a competent specialist in the field of law. After all, only professional can entrust the preparation of important documents.
The guarantee of impartiality is not clearly defined by applicable law. For example, a notary is forbidden to perform actions:
- On behalf of his, spouses or relatives.
- In their own name, spouses and relatives.
As the financial basis for the independence of a specialist who works honestly and complies with the guarantees of notarial activities, economic support for his activities is provided. The source of financing for an expert in the field of law, who is engaged in private practice, is the money received for the provision of legal services, but also of a technical nature. Revenues also consist of other revenues that do not contradict Russian law. Any monetary funds fall into the ownership of a notary. At the same time, the state obliges it only to pay the necessary taxes and other mandatory deductions.
A guarantee of the independence of a notary is a provision that suggests that its activities are not considered entrepreneurial. Therefore, it does not pursue the goal of profit.
One of the basic guarantees of this type of activity is the requirement to be guided in our practice by the Constitution of Russia and the law. This principle is directly related to the work of a notary public. It can also be seen as a continuation of the requirement of independence.
In general, the notarial guarantees observed are a confirmation of the honest name of a specialist in the field of law. And this, in turn, serves as the basis for an impeccable reputation.
Limitations of notarial activities
A professional portrait of a specialist is drawn up. But the implementation of the above guarantees of notarial activity becomes possible due to the establishment of certain restrictions in the framework of the notary. So, he is not entitled to carry out the following actions:
- Carry out independent entrepreneurial or any other activity with the exception of notarial or scientific or teaching.
- Provide intermediary services as part of the conclusion of certain agreements.
All of the above restrictions are of absolute importance to a notary, that is, they function throughout its activities. Such measures are relevant to specialists working in government offices. They are applicable to those who engage in private practice.
Notary public instrument
The work of a specialist in the field of competent execution of various kinds of documents, as already noted, does not pursue certain goals for profit. In this regard, it should be noted that the commercial nature of this type of activity would simply contradict the general principle of publicity of its conduct.
The notary, as a working body, does not render any services to anyone, does not do maintenance. Its activities should be considered as service and implementation of actions on behalf of the state. Thus, the notary exercises the statutory powers related to the implementation of the public function. His activities, among other things, are aimed at protecting the legitimate interests of citizens, which manifests itself in the form of notarial acts along with the preparation of various documents and legal advice.
Can a notary public be a businessman?
It is important to note that the notary not only does not have the right to engage in any independent entrepreneurial activity. He also cannot become an independent founder of organizations and institutions. If this happened, the notary would have an interest in the profitability of his work in this area, and it contradicts the basic guarantees of notarial activity: the principles of independence and impartiality.
Notary: what is allowed
On the other hand, a specialist of this profile has the right to carry out scientific and teaching activities and, accordingly, receive well-deserved compensation for this. In this case, all guarantees of notarial activity in the Russian Federation will be respected. And the specialist will have the opportunity to grow professionally.
Principles of notarial activity
I must say that in many ways they have something in common with the main aspects of notarial law. And this is natural. After all, public relations in the field of notarial activity are included directly in the subject of the relevant law.
Legality is the first principle of activity. It involves the full, and in addition, the steady observance and proper implementation of the requirements of the legislation by the subjects of the relevant law.
The second principle is the limits of notarial activity. The protection of rights along with the legitimate interests of citizens is carried out by a specialist exclusively within the framework established by law. Both guarantees of notarial activities and restrictions on notarial activities are regulated by legal acts. And the boundaries of their competence are strictly outlined. Notaries and other similar authorized officials have the right to carry out only those actions that are enshrined in the foundations of the relevant legislation.
The third principle of this field of activity is its implementation by special entities. They are notaries and authorized officials.
Without personal preferences and prejudices
The fourth principle is the implementation of notarial activities in the framework of independence and impartiality in its implementation. Equidistance from all participants in the process is required. The notary is impartial and independent in his daily practice. Such specialists are guided by the Constitution and the fundamentals of the Russian legislation on notaries and other legal documents.
The fourth principle, as already mentioned, is based on the independence and impartiality of activities.So, he assumes that in carrying out his actions, the notary publicly, objectively and thoroughly, without any preferences of one of the parties, provides clarifications to the citizens who apply to him. Thus, experts explain to individuals their rights along with the duties, essence and consequences of the actions taken.
The fifth principle is equality before the law when performing notarial activities. According to him, the separation of citizens by the following criteria is completely excluded:
- Gender and racial, nationality.
- Level of education and mother tongue.
- Relation to religion.
- Property or official status of citizens.
- Beliefs along with belonging to any public associations.
- Location.
Thus, none of the above circumstances creates grounds for discrimination against applying to a notary public for his commission of an official action. Any entities that occupy the same procedural position are considered equal before the law and have the same opportunities to enjoy the stipulated rights and to fulfill their duties. The legislation establishes the equal status of notaries who work in public offices and those engaged in private practice.
Notary public
The sixth principle of activity is related to the ability to work exclusively within the framework of undeniable jurisdiction. Rights whose protection is through notarial acts must be indisputable. In other words, do not dispute other citizens.
The seventh principle involves the publicity of notarial activities. This is due to the fact that it is carried out on behalf of the state.
The next principle is, as already noted, the non-commercial nature of the notary’s activities. It completely excludes the opportunity to engage in various kinds of business.
Thus, notarial activity is, first of all, a state instrument guaranteeing impartiality and independence, including the principles of legislative frameworks.