Проблемы квалификации и применения имущественной ответственности нотариуса: поиск модели правового регулирования

Abstract

This article analyzes the legislation and law enforcement practice on the application of property liability measures in relation to a notary when he/she performs notarial activities. The features of the offense that determines the application of liability are considered, the practice of interpreting the condition of the notary’s guilt is criticized, and the confusion of the concepts of professional risk and guilt is established. The author comes to the conclusion about the civil-law nature of this liability, and considers it important to take into account its systemic nature in the general group of measures provided for minimizing the risks of participants in civil turnover, as having professional specificity.