Нотариальные действия как средство защиты прав государства

Abstract

The article analyzes the problem of protecting the rights and interests of the state in the context of notarial activities. The author proceeds from the dualistic nature of the domestic notaries, but considers it as a means of legal protection and protection of not only private, but also public rights and interests. It is shown that the state can act as a subject of not only public law, but also private law relations, without changing the fundamental principles of civil circulation. Emphasis is placed on the fact that participating in private law relations, the state, nevertheless, implements public interests. The issue of notarization of civil law transactions, in which the state is a participant, is considered, proposals are made to improve the current legislation in terms of fixing the mandatory notarization of arbitration agreements with the participation of the state, a notarized mediation agreement as a basis for refusing to accept a statement of claim, as well as a special status of a notary certified transaction as “indisputable evidence” in cases of action proceedings.