Legal Issues of the Role of the Notarius in Providing the Evidence Required In The Event Of a Case in Vessels or Administrative Authorities

Abstract

By referring to the compilations and legal books, it is clear that the civil liability of the notary public has not been taken into account and not only there are no independent compilations in this regard, but there is not even a chapter dedicated to this issue in the civil liability books. In the article, the authors studied the role of a notary in providing evidence necessary in the event of a case in courts or administrative bodies, including providing evidence based on information posted on the Internet. The statistical data presented in the article confirm the fact that such notarial action is popular among citizens and legal entities and it is impossible to belittle the role of a notary in solving this problem. The authors have established that today the notarial procedure for providing evidence is regulated by the Fundamentals of legislation on notaries and the norms of civil procedural legislation only in general terms, in connection with which gaps in the procedural regulation of providing evidence by a notary are revealed and notaries have a number of difficulties and problems in providing evidence by them. Thus, the article analyzes the position of the Federal Notary Chamber, according to which, in order to confirm the absence of relevant judicial or administrative proceedings, it is sufficient for the person who applied for the provision of certain evidence to submit a statement with the proviso that there are no cases in the proceedings of the court or administrative authorities, for the resolution of which it is necessary to submit evidence provided by a notary. Attention is also drawn to the fact that in case of reasonable doubts about the reliability of the information provided by the applicant about the absence of judicial disputes, the notary, if technically possible, could resort to using information from these automated information systems.