Notary System Research Articles

The Involvement of the Notarial System in Protection of Rights of Parties to Corporate Relations: A Comparative Law Analysis

The Involvement of the Notarial System in Protection of Rights of Parties to Corporate Relations: A Comparative Law Analysis

Analysis on Challenges and Improvements of Electronic Evidence Preservation on Blockchain in China

Technological innovation has always been a key factor in national development. Since moving into the Internet era, all walks of life have begun to explore ways to integrate with the Internet in order to achieve innovation and transformation, and the judicial field is no exception. In terms of the preservation of digital data, the judicial industry of China has combined with blockchain technology to make certain explorations and innovations. Blockchain technology was first widely used in the financial industry, but it can also play a unique role in the field of digital data’s storage and authentication, due to its decentralisation and tamper-proofing and other technical features. However, there are still some specific challenges in the practical application of blockchain technology in the judicial field of China. On the one hand, some traditional concepts are still deeply rooted, such as the reliance on the original rule and the notary system. On the other hand, there are some shortcomings of blockchain technology itself, when applying it to preserve electronic evidence. In order to solve these difficulties faced in practice, traditional concepts of electronic evidence should be transformed, and a decentralised proof model should be developed to eliminate the reliance on traditional identification procedures. At the same time, with a view to guaranteeing the integrity and diversity of the electronic evidence preserved in blockchain, there is a need to explore ways to optimise relevant complementing system and to broaden the forms of data that can be stored on blockchain.

China’s notarial system and new developments under the Foreign-related Rule of law

This article provides a comprehensive overview of the evolution and current status of the notary system in mainland China, Hong Kong, and Macao. It also delves into the Appointed Attesting Officers system and the ongoing developments in the notary service industry. Mainland China’s notary public system has transitioned from an administrative system rooted in the planned economy’s growth to the professional legal services industry. The article presents a comparative analysis of the notary public systems in Hong Kong and Macao, along with a brief examination of the Appointed Attesting Officers system, designed to address the challenges posed by the different legal systems in these three areas. The article collects the new development documents and accomplishments achieved by China’s notary public industry. Also underscores the notary’s role in dispute prevention and its crucial role in Alternative Dispute Resolution. It offers a fresh perspective on the potential evolution of the notary public industry in the context of Foreign-related Rule-of-law. By enhancing the capacity of notarial services, strengthening the safeguards of the legal system, and actively participating in the Alternative Dispute Resolution mechanism, the notary service industry will continue to fulfill its unique legal functions in the context of the new era, thereby contributing to social harmony and stability.

Реализация функций нотариата в рамках защиты прав участников корпоративных отношений

The article concludes that protection of rights of parties to corporate relations involves manifestation of almost all functions on the notarial system that determine its place in the system of protection of such rights. The human rights function is the key one, the preventive and jurisdictional functions are aimed at prevention of corporate conflicts and disputes, the certification function that is often intertwined with the legal function is used in relation to corporate agreements, corporate acts and transactions performed by parties to corporate relations. The warranty, fiscal, right exercising and law enforcement functions of the notarial system have no special aspects in the sphere of corporate relations.

Legal Reconstruction of Electronic Storage for Notarial Deeds Minute Based on the Value of Justice

Legal Reconstruction of Electronic Storage for Notarial Deeds Minute Based on the Value of Justice

The Role of Notaries/Land Deed Officials in Combating Money Laundering Crimes with the Know Your Customer Principle

This research delves into the alarming intersection of notaries/land deed officials and money laundering crimes, highlighting the role of notarial services as potential facilitators in illicit financial activities. While notaries traditionally serve as impartial witnesses to document signings, their involvement in verifying transactions has increasingly attracted scrutiny due to the potential for abuse by money launderers. This study examines the vulnerabilities within the notarial system that may be exploited for money laundering purposes, including lax regulatory frameworks, inadequate due diligence practices, and the lack of standardized reporting mechanisms. The abstract also explores the challenges in detecting and preventing such illicit activities, emphasizing the need for enhanced regulatory oversight, improved training for notarial professionals, and increased collaboration between regulatory bodies, law enforcement, and the notarial community and also implementing the principle of know your customer. As the findings suggest, addressing these issues is crucial for safeguarding the integrity of notarial services and fortifying the global financial system against the insidious threat of money laundering.

THE DEVELOPMENT OF NOTARY AS FREE LEGAL PROFESSION IN KOSOVO

Background: This paper analyses the role of notaries in Kosovo, individuals authorised by the state to draft, solemnise, and legalise legal civil documents. Today, notary services are performed by qualified lawyers who meet state-set criteria and pass a professional exam to practice as independent professionals. The experiences in the world show that notaries contribute to the relieving and efficiency of courts and administrative bodies, thereby expediting legal processes and safeguarding the rights and interests of natural and legal persons. The notary is a public service exercised by authorised persons licensed by the state to fulfil the requests of legal and natural persons through the preparation of notarial acts. In the Republic of Kosovo, notaries are also registered as individual businesses with the Business Registration Agency. During the preparation of these acts, notaries are expected to have high personal and professional integrity, directly impacting the fulfilment of the citizens’ requests with high efficiency and professionalism. In terms of how it is organised and operated, the notary service is very complex in the eyes of the citizens and within the justice system itself. To increase confidence, the Kosovo Chamber of Notaries has identified the development of the notary as a permanent process of modernisation and harmonisation of notary services with the evolving needs of legal and natural persons receiving such services. This strategic focus ensures the effective protection of legal interests and promotes legal certainty. Methods: In the present research, we employed the qualitative method, commonly utilised in the social sciences. Our study uses a combination of literature review and analysis approaches in conjunction with normative, comparative, and historical methods. We analyse the legal treatment that the Kosovo notary system has received from the legislative and academic literature and examine the system's benefits and drawbacks. This approach, which compares the notary system to the one used by the Kosovo courts before 2011, assists in defining the purpose, significance, and status of the notary system in Kosovo. Using the comparison method, we identify the common and distinctive elements of the notarial system in Kosovo as well as the directions for its development under international standards, giving a clear overview of its place, role, and importance of the notarial system in Kosovo. Based on the legal analysis, we highlight the changes in the interior of legal relations, which were previously the responsibility of administrative bodies and courts but are now the responsibility of notaries. Results and Conclusions: The existing normative framework provides a good basis for information on the work of notaries and the Chamber of Notaries. However, an even greater contribution should be made to better inform citizens about the functioning of the notary system, which is crucial for strengthening public confidence in the Notary.

DIGITAL TRANSFORMATION OF THE NOTARY AS A SOLUTION TO CURRENT PROBLEMS WHEN PERFORMING NOTARIAL ACTIONS

Currently, the notary is at the next stage of digital transformation, when the notary solves tasks of a new scale to ensure the stability of the digital economy and civil turnover. In the conditions of the natural development of the state and society, there is a need to use and develop new means and methods necessary to ensure the protection of the rights of citizens and legal entities. Meanwhile, despite the attempts made to improve both the notary system itself, the use of electronic services, and the legislation on notaries, modern socio-economic and political processes cause an urgent need to consider the issue of modernizing the methods of performing notarial actions performed outside the premises of a notary office. Within the framework of this study, some topical problems of law enforcement practice when a notary performs a notarial act outside the premises of a notary office are highlighted and ways to solve them are proposed.

HEREDITARY LEGAL RELATIONS AND TOPICAL ISSUES OF THE DIGITAL NOTARY

This article reveals the features and some topical issues on the introduction of a digital notary into inheritance law in general, and directly into the regulation of inheritance relations. With the beginning of the transition to digitalization in 2019, the possibilities of using modern technologies and developments, digital and technical means, new computer programs have become relevant for notarial practice as well. The corresponding changes have become an important stage in the development of electronic notaries within the framework of the National Program “Digital Economy”, since until 2019 the notary system was a “relic of the past” and obviously required a “new sip”. The article analyzes the “digital” innovations in the legal regulation of the notaries, their advantages both for notaries and for citizens - participants in inheritance legal relations.

THE SPECIAL FEATURES OF NOTARIZED TRANSLATION IN THE RUSSIAN FEDERATION AND IN THE REPUBLIC OF TURKIYE

The subject of this article is notarial authenticity of translator's signature according Russian and Turkish legislation. One of the topical and controversial issues is checking the status and competence of the translator both in Turkey and in Russia. It is still remains an evaluative term. The specifical feature of Turkish notarial system is translator's Oath and adherence translator to the one notary. For this purpose to confirm this, an oath protocol is signed and it is kept in the notary's records archive. The practical approach will be profitable as for acting notaries and theoretical scientists both countries.

The Complexity of Notarial Law in Indonesia: Application of the Concordance Principle

This research aims to examine the urgency of implementing the concordance principle in the complex practice of notarial practice in Indonesia. The research method uses a thematic analysis approach, which is carried out by carefully examining a number of previous research documents and other relevant sources of information. To facilitate in-depth analysis, this study used Nvivo 12 Plus data analysis software. This research reveals that the application of the concordance principle in notarial practice in Indonesia has a significant impact. This principle creates legal certainty, protects public interests, increases efficiency, and supports harmonization with international standards. This also helps prevent legal conflicts, improve notary professionalism, and establish a strong and fair notarial system. By integrating diverse legal sources, the concordance principle maintains the continuity of quality notarial practice in Indonesia while enabling the country to remain in harmony with the demands of the international community in the areas of law and human rights.

NOTARIES AND DIGITAL WORK: ISSUES OF STAFF TRAINING AND IMPROVING QUALIFICATIONS IN MODERN DIGITAL TECHNOLOGIES

This scientific article discusses the development of notaries in the context of digital office work. Along with this, the issues of personnel training and advanced training in the use of modern digital technologies in notarial practice are separately emphasized. The relevance of the study lies in the intensive development of digital technologies and the need to ensure the optimality and speed of the notarial process. The purpose of the study is determined by modern trends in the development of digital document management and digital civil circulation, and is to reveal the key questions posed in a scientific article. The result of the study is conclusions formulated on the basis of a theoretical and legal review of relevant research questions about digital office work in notarial practice. In general, the study allows us to state the need to continue regulatory and law-making work in the field of notaries in the direction of improving its technological foundations and digital office work. In turn, improving the practice of developing digital office work is possible through continuous training of notaries and workers in the notary system.

The voluntary principle of mediation in notarial acts

The present work proposed to investigate the principle of voluntariness that governs the mediation system, as an effective device to solve extrajudicial conflicts. The methodological approach will be systemic, of a theoretical - deductive type, of a socio - legal nature and with the support of comparative law. Through comparative law, mainly the study of the regulations that contemplate the competence of notaries as mediators in Spain, Mexico and Germany, the possibility that its implementation within the Ecuadorian notarial system may be feasible was analyzed. The principle of voluntariness, notarial mediation and notarial acts were defined conceptually, to later proceed to carry out the respective discussion. It was concluded that in mediation it is the same interested parties who voluntarily accept the responsibility of resolving their conflicts and reaching satisfactory agreements for all parties. This through a simple and flexible procedure, assisted by the impartial and confidential presence of the notary trained for such purposes. In Ecuador, as in countries such as Spain and Mexico, notaries, as public officials of the State and specialists in Law, are able to advise on resolving certain conflicts that arise between the parties without having to go to trial.

Digital technologies in the notary: essence and features

The active integration of Ukraine into the European and international communities gives its result in the form of a massive transformation of political and legal opinion, the apparatus for managing state processes, the regulatory and legal framework, etc. In particular, the following acts played an important role in the processes of digitalization and digitization of state and public interests: Law of Ukraine «On Electronic Documents and Electronic Document Management» dated 22.05.2003, Law of Ukraine «On Electronic Commerce» dated 03.09.2015, Law of Ukraine «On Protection of Personal Data» dated 01.06.2010, Law of Ukraine «On Information» dated 02.10.1992, Law of Ukraine «On Electronic Trust Services» dated 05.10.2017, Law of Ukraine «On Basic Principles of Information Society Development in Ukraine for 2007–2015» dated January 9, 2007, Decree of the Cabinet of Ministers of Ukraine dated January 17, 2018 «On the approval of the Concept for the Development of the Digital Economy and Society of Ukraine for 2018-2020 and the Approval of the Action Plan for its Implementation», Decree of the Cabinet of Ministers of Ukraine dated 03.03.2021 «On the approval of the Concept of the development of digital competences and the approval of the plan of measures for its implementation» and other acts that directly or indirectly related to digitalization processes within the implementation of specific legal relations.As part of our research, we have come to the conclusion that digital technologies should be understood as a set of tools, methods and processes that use digital signals and digital information processing to store, exchange and transmit data. They are based on the use of electronics, computers, software and network facilities for the purpose of automation, optimization and improvement of various processes and spheres of activity.Thus, the implementation of digital technologies in the notarial sphere has a positive effect on the work of a notary, ensuring increased efficiency and productivity. In addition, it contributes to increased protection and mobility, which makes notary services more convenient for clients. Digitalization also contributes to the innovative development of the notary, encouraging the introduction of new technological solutions and improving the quality of services. It also opposes bureaucratization by simplifying and speeding up administrative procedures.In general, the digitization of the notary has great potential in improving the work of notaries, providing convenience for clients and stimulating innovative development. It is an important factor in improving the notary system today.

A Legal Perspective: Implementing an Electronic Notarization System in Indonesia in the Post-Pandemic Era

This study analyses the importance of implementing a cyber notary system in the post-pandemic digital era in Indonesia. Despite facing the possibility of another viral pandemic similar to COVID-19, Indonesia has yet to adopt the legal concept of electronic notarization. To address this issue, this study employs statutory and comparative methodologies to analyze the implementation of laws and regulations regarding electronic notarization in various foreign countries. Social distancing regulations and stay-at-home orders implemented in response to the COVID-19 pandemic made it difficult to conduct certain in-person activities; therefore, there is a need for alternative methods that notaries publics and land deed official can use to verify the authenticity of deeds and other documents. In this context, there is an acute need to introduce legal regulation regarding electronic notarization in post-pandemic Indonesia. Electronic notarization provides various benefits, such as increased convenience, enhanced security, improved efficiency, and reduced costs. A cyber notary system would enable individuals to notarize documents remotely, eliminating the need for in-person interactions, which have become difficult during the COVID-19 pandemic. Other countries, such as the United States, Japan, and the Netherlands, have already recognized the importance of electronic notarization and have established legal frameworks to enable remote notarization. For instance, the United States has passed laws and issued regulations that authorize remote online notarization, while Japan has established an electronic notarization system. The Netherlands also passed a regulation enabling electronic notarization in 2013 known as the Electronic Identification and Trust Services Regulation.

Reforming the institute of notary institute in the modern conditions of European integration

The scientific article is devoted to the process of reforming and improving the notary institution in accordance with international standards. Consideration of ways to reform the notary as a complex problem should ensure the success of such reform and stable functioning of the system. Taking into account the needs of civil circulation, we can talk about the relevance of the topic raised in the article, its scientific and applied nature and unconditional connection with notarial practice. 
 The notary reform is primarily a benefit for people, because the implementation of the planned will save time and money of citizens and businesses, ensure the availability of notarial actions, overcome corruption in the field of justice, create reliable protection against fraud, significantly save the state budget, and finally move to the standards of the European Union. 
 Today, significant economic and political changes are taking place in Ukraine, which significantly affect the process of notary reform.
 The implementation of the reform involves three strategic steps. Firstly, the introduction of an electronic notary system. This project is designed to improve the quality of notarial actions by reducing the time to perform the action and protecting the notarial document from forgery.
 In particular, the large-scale digitization of notarial activity involves: the rejection of keeping paper books of notary activities; reducing the number of documents that a person must submit to perform a notarial act; automation of a number of processes in the activity of notaries; effective information interaction between state information resources; maintaining a notarial archive in electronic form.
 A full technical and economic analysis of E-notary has already been prepared. It is planned that the first stage of the «pilot» with the notary's electronic workplace will be launched by the end of 2020.
 The next step is the transition to a single notary. This will make it possible to consolidate the unified status of a notary in Ukraine, abandoning the system of dividing notaries into public and private ones, as was done in many European states. The transition to a single notary office will involve the gradual termination of the activities of state notary offices, and therefore will allow a significant reduction of state expenses for their maintenance, which will contribute to the saving of budget funds. A concept of measures has been developed that will guarantee the availability of basic notarial actions for socially vulnerable sections of the population. The number of actions that notaries can perform will also be significantly expanded. The notary will have the right to register marriages, divorces, provide evidence, etc.
 And the third step is self-regulation of the notary profession. An important aspect in the implementation of the transition to a unified notary is the transfer of a number of powers to the body of professional self-government of notaries, in particular: to exercise control over the organization of notary activities, record keeping, compliance with the rules of the Code of Professional Ethics of Notaries, to organize an increase in the professional level of notaries, as well as to create conditions for an even territorial distribution of workers places of notaries, so that citizens from the most remote corners of our country have access to notarial acts. Certain steps in the direction of self-regulation have already been taken. We have changed the composition of the Higher Qualification Commission of the Notary. Now, its composition includes only 3 representatives of the Ministry of Justice of Ukraine and 11 private notaries, that is, control over the decisions of the HCPC has already been transferred to the notary community. The implementation of the reform will make it possible to lay a solid foundation for the formation and development of a Latin-type notary in Ukraine, which is a world standard in the field of protection of the rights and legitimate interests of citizens.
 Reforming is a long process that depends not only on the aspirations of the Ministry of Justice and notaries, but also on the political and socio-economic situation in the country.

Problems in Organisation of the Notarial, Law Enforcement and Judicial Authorities Interaction within Performing the Certain Notary Actions

Introduction . The large-scale transformations in the law enforcement and judicial system of the Russian Federation, which correlate with both political and socio-economic context, have resulted in the significant change of the role assigned to the certain legal and state institutions. Moreover, the reform of the law enforcement authorities has influenced the issues of the notary system organisation and its interaction with other law enforcement and regulatory authorities. This paper analyses various standpoints of authors and scientists on this issue, as well as regulatory legal acts directly affecting the notary. The purpose of this study is to identify the problematic aspects in interaction of the notarial, law enforcement and judicial authorities of the Russian Federation within performing the certain notary actions at the present stage of the legal system development. Materials and Methods. In the article the problems in organisation of the notarial, law enforcement and judicial authorities interaction in the Russian Federation within performing the notary actions are analysed. In the course of the research, general scientific as well as specific scientific methods were used, in particular the dialectical method of cognition, the method of cognitive analysis, the sociological method and others. Results . The activity of the notary, despite its private status, should be considered as the element affiliated with the state system. At the same time, the system of notarisation stands separately from the conventional civil-law procedures and has the state-legal status. A notary, when performing the certain notary actions, is guided by the rules of the special character and appropriate for the specific case notary action. The conclusion is made that in the frame of this process, a notary follows the rules generally applicable to all the notary actions performed. Discussion and Conclusions. The problems in organisation of the notarial, law enforcement and judicial authorities’ interaction in the Russian Federation within performing the certain notary actions have been detected, the solutions have been proposed. The legal policy objectives imply the need to improve the legal framework of notaries’ activity in terms of interaction with the law enforcement and judicial authorities. The author's main conclusions have theoretical and practical significance and potential for further research on the topic.

The Digitization of Notarial Tasks - A Comparative Overview and Outlook of ‘Cyber Notary’ In Indonesia and Germany

This article highlights the newer discussion of the term "cyber notary" in the Indonesian legal context and compares the discussion with the discussion on the use of digital instruments for German notaries. The article notes that the concept of cyber notary is being discussed in Germany and other EU-member states as well, where the integration of digital and cyber elements into the notary system is considered as a way to make processes more efficient, accessible, and secure. This includes the use of digital signatures, online notarization, the use of notarial blockchains, or secure digital storage for notarized documents. However, the implementation of cyber notary systems in Indonesia is still in a very early stage and not yet fully regulated. Consequently, it needs more discussion for the consistent integration of digital instruments for notarial work into the legal system of Indonesia. The article provides a comprehensive overview of the situation of the digitalization of notarial tasks in Indonesia. It presents some new developments in Germany that are relevant for cyber notaries and may be interesting for the development of digitalization of notarial work processes in Indonesia. Finally, the article will discuss some aspects of the ongoing digitalization that may affect the profession of notaries in the future. As in all legal professions, we are facing future disruptive developments through digitalization, namely with artificial intelligence, blockchain technology, or cloud computing. The article aims to show that AI and blockchain technology will not replace civil law notaries in the near and middle term but will be integrated into the daily work of notaries as supporting instruments.

NOTARIAL ACTIONS IN THE “CELL”. PROBLEMS OF THEORY AND LAW ENFORCEMENT PRACTICE

Despite the attempts made to improve both the notarial system itself and the legislation on notaries, modern socioeconomic and political processes cause an urgent need to consider alternative forms of notarial acts that are more flexible and mobile, provided that the established by the Constitution of the Russian Federation and Legislation on the notary of the rights and guarantees of persons who apply to the notary. Within the framework of this study, some problems of law enforcement practice in connection with the performance of a notarial act by a notary in institutions of the penitentiary system are highlighted and ways to solve them are proposed.

Research on Notarization Function from the Perspective of Family Law

The notarization system has been in China for decades, and has gradually formed a notarization system with Chinese characteristics in the process of continuous development and improvement. Notarization plays a vital role in the field of family law, especially for complex family law cases, and it often plays an important role in the final discretion of judges. Although the notarization system is of great significance to the trial and implementation of the family law, there are still many universal problems in the family law system in the field of notarization law in China, which need to be constantly optimized and improved. This paper studies the role of notary system in the view of family law. First, it demonstrates the importance of notary in family law and the function of family law. We should find the foothold of family legal service in the perspective of notarization, analyze the problems existing in the notarization system, and put forward effective suggestions to optimize the notarization system, hoping to provide effective reference for the improvement of China's civil litigation and family legal system.