The officials of local government bodies as subjects of notarial procedural legal relationship

Abstract

The article deals with the scientific and practical analysis of the legal position of an official of a local self-government body as one of the subjects of a notarial procedural legal relationship on the part of a person who performs a notarial act. It is argued that the changes in the legislation, as a result of which the right to perform notarial acts was granted only to local self-government bodies in rural settlements, are unfounded. The specified changes have led to a deterioration in the provision of notarial services to the population, which makes it necessary to return to the situation that existed before. At the same time, the performance of individual notarial actions by officials of local self-government bodies should generally be considered as the authority of the local self-government body, and not as the creation of some kind of competition for notaries available in the area. The reasons for granting local self-government officials the right to perform notarial acts in the field of inheritance require approval. However, the big problems in practice that arose as a result of this negated all the positives and raised questions about the expediency of the existence of the corresponding subject competence of these officials. Agreeing with the higher qualification requirements for officials of local self-government bodies who perform notarial acts regarding inheritance, the author of the article notes their extremely high level, which actually leads to the impossibility of implementing the relevant provisions in practice.
 A conclusion was made regarding the need to grant the right to perform a certain amount of notarial acts to authorized officials of local self-government bodies of all settlements, regardless of whether this settlement is rural or urban, as well as regardless of whether this settlement has a notary public.