Глава 16. Совершение нотариальных действий с иностранным элементом
The article studies certain legal aspects of the use of mediation in notarial activities. The analysis was carried out on the basis of innovations of Russian legislation in this field, which expanded the scope and possibilities of using mediation in notarial practice. At the same time, the authors analyze the possibilities of using information technology in notarial mediation. The authors conclude that it is necessary to preserve the personal and confidential nature of communication between a notary and one’s customers in this case, despite the different trend of justice in civil cases – termination of judges’ communication with participants in trials in cases of a simplified and relatively indisputable nature. In addition, the authors paid attention to the doubtful and non-obvious criteria and conclusions of the annual Doing business ratings regarding notaries, which deny legal and cultural diversity and its capabilities, including in the field of mediation. In this regard, the authors studied the results of the XXIX World Congress of the International Union of Notaries, which took place in November 2019, where all of these issues – notariat, mediation, information technology and Doing business ratings were considered as a system.
This article is devoted to the modern trends affecting the legal status of a notary in terms of rules of private international law. To date, the notary is one of the most effective mechanisms of civil turnover, which is able to provide a combination of private and public interest in different areas such as: international family law, international succession law, i.e. individual spheres of activity, where the priority of a particular interest is not obvious, and where is a conflict of laws, what is the subject matter of private international law. In this paper, using the method of comparative law study, author conducted a detailed analysis of the legal framework of the international notarial activities, which serve as sources of domestic and external rules (international treaties, international customs). Author touches the diversity and abundance of sources of notarial activity due to the specifics of relations connected with the foreign rule of law, namely, the legal status of foreign persons involved in the production of a notary; documents using foreign production (definition of the international validity of documents).
This book offers an analysis of the history, legal basis and developments in voluntary jurisdiction in a large number of jurisdictions. Authors discuss the terminology, the nature of voluntary jurisdiction, the recent development, the regulatory basis like actors and forums as well as the scope and procedure including effects, appellation and execution of voluntary jurisdiction in the named countries. In the end provides the fresh statistics, problems, outcomes, reforms and visions.
The article analyzes the interaction of the notary and mediation, the stages of mediation development in the notarial activity in Russia, the basic models of mediation and the terms and conditions of use. The experience of foreign notaries and international legal acts in this area are analyzed. The authors have formulated conclusions and suggestions for the further development of mediation as an method of notarial service.
By the virtue of the analysis of the current state of development of digital technologies in civil procedure, as well as the existing legal doctrines on such technologies the article delights some problems and prospects of the implementation of digital technologies in civil procedure, which were not previously covered or were covered insufficiently. Particularly on the basis of the analysis of prevailing legal doctrines on the essence and the role of technology in civil proceedings, there is an attempt of a setting of a problem of economic efficiency of digital technologies implementation in civil procedure. As the result of the analysis of the specific requirements for civil procedure and the experience of practical implementation of digital technologies in procedural law, it is concluded that socio economic and psychological aspects of the problem makes the Russian law enforcement system being not ready to implement such technologies as the only way of execution of justice. Ultimately it leads to the construction of a double infrastructure of justice and inefficient spending of funds. Based on the actual state of scientific understanding of the problems of implementation and use of robotics and artificial intelligence, some of the most problematic aspects of such an implementation in civil procedure are identified. In particular, it is indicated that efficient implementation of such technologies requires the formulation and solution of a number of problems; the authors formulate these problems and propose the possible approaches to their solution. From the standpoint of the theory and practice of the modern notary, the article considers the prospects, limitations and possible problems associated with the blockchain and biometric identification technologies in notarial activities. In particular, based on the analysis of the advantages, disadvantages and technical specifics of blockchain technology, it is concluded that blockchain is not yet ready to be universally used in notarial activities. Based on the specifics of biometric data as one of the types of personal data, the authors following the foreign experience offer a differentiated (depending on the purposes and spheres of usage) approach to the legal regulation of biometric identification in notarial activities. Taking into account the actual level of the legal doctrines and practical implementation of digital technologies in enforcement proceedings, the article proposes an legal regulatory approach according to which the further development of enforcement proceedings should fits with the main trends of developments of civil procedure and civil circulation, i.e. to strive for “deritualization” and “dematerialization” of law. In this regard, the authors delight the main problems and prospects for further digitalization of Russian enforcement proceedings.