Elena Shishkina: Notary Law provides for simultaneous functioning of private and public notaries
Member of the People’s Council Elena Shishkina commented on the DPR Law “On Notaries” that came into force, which implies the simultaneous functioning of private and public notaries in the DPR.
According to the deputy, after the entry into force of this law, notarial activities will be governed by a single legislative act.
“Until now, there has been a “double” regulation of notarial activities in the Republic, which did not allow for quality enforcement. The development of the Law “On Notary” is associated with the promising adoption of the draft Civil Code of the DPR and is one of the important points of the roadmap for implementing the code developed by the Committee on Civil and Arbitration Law.
It is worth noting that in developing the draft law, the experience of the Russian Federation in the field of regulation of notarial activities was taken into account. The key point in this regard is the introduction of a mixed form of notaries, providing for the simultaneous functioning of private and public notaries,” the parliamentarian said.
Elena Shishkina also noted that the mixed form of notaries suggests the possibility of choosing the services of a private or a public notary.
“The main advantages of the mixed form of notaries are the provision of a choice between a private or a public notary, as well as a reduction in the expenses of the republican budget related to the functioning of public notaries. In turn, taxes received from the incomes of independent notaries will act as a source of replenishment of Republic’s budget.
In addition, the Law minimizes the bureaucratic burden on the notary status acquisition. In particular, the provisions concerning the need to obtain a certificate of the right to engage in notarial activities, certification of a notary workplace are excluded. The final version fixes the model operating in Russia. It provides that the person who has passed the qualification exam is included in the register of notaries, and they are given an extract from the specified register.
The law defines the legal status of the Notary Chamber of the DPR, which is a non-profit organization and operates on the principles of self-government.
Also, the Law allows to streamline the system of notaries of the Donetsk People’s Republic, which helps to guarantee the rights and legal interests of individuals when applying for notarial acts,” Elena Shishkina said.