The concept, legal nature, content and subjects of notarial legal relations under Russian law

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Abstract

The article examines the nature and main characteristics of the notarial legal relationship. The notarial legal relationship is considered as a kind of social relationship associated with the organization and functioning of the notary in Russia. Accordingly, a notarial legal relationship can be considered both in a narrow sense (relations between a notary and persons who applied for a notarial action), and in a broad sense, which also includes relations between notaries and notary chambers. Based on the comparative legal method, the author analyzes the theoretical foundations of civil procedural and notarial legal relations. It is proved that the notarial legal relationship is of a public law nature and of a substantive nature, due to which it cannot be attributed to procedural activities, and at the same time cannot be considered as a civil legal relationship. The obligatory subject of a notarial legal relationship (in the narrow sense) is a notary who performs a notarial act. The content of the notarial legal relationship is the rights and obligations regulated by Russian legislation on notaries and the Regulations for performing notarial acts.

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About the authors

Ekaterina V. Mikhailova

Institute of State and Law of the Russian Academy of Sciences

Author for correspondence.
Email: e.v.mihailova@bk.ru

Doctor of Law, Associate Professor, Acting Head of the Procedural Law Sector 

Russian Federation, 10 Znamenka str., 119019 Moscow

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