Особенности цифровизации нотариальной деятельности в России и США: сравнительный аспект

Abstract

The article presents a comparative study of the features of digitalization of notarial activity in Russia and the USA. Reference to successful practices of digitalization of notaries abroad on the example of the USA allowed the authors to identify significant differences in the results of digitalization of notarial activity in Russia and the USA and to conceptualize these differences. Comparative aspects were the peculiarities of the forms of digital notarial activity in both states, including the terms denoting them, as well as the differences between the digital resources used by notaries in Russia and the USA. Two fundamental differences between American and Russian practices were conceptually singled out, indicating a certain decentralization of notarial activities and the notarial community: 1) notaries in the US are empowered to provide remote notarial services only after receiving a special permit issued by a state authority; 2) US notaries use numerous digital resources unlike the Russian Unified Notarial Information System (UIS), which is the only centralized system for notarial services. The authors conclude that despite the general decentralization effect of the U.S. notarial activity there is still great dynamism of service provision, actualization of the notary public principle and integration of notarial subjects in the new digital space. According to the authors, the revealed differences of digital adaptation of notarial activity in Russia and the U.S. are due to objective political and economic reasons; however, in both jurisdictions digitalization promotes unification of notarial practices.