The author examines the mandatory notarial form of real estate transactions as a mechanism for ensuring and protecting the rights of participants in civil turnover; analyses the legal risks that exist when concluding real estate transactions in simple written form, and the possibility of eliminating them through notarial certification of transactions. The article reveals the history of the development of the institution of notarial certification of transactions in Russia; modern approaches of the legislator to the competence of the notary; the experience of foreign countries in introducing mandatory notarial certification of real estate transactions; the functions of the notary as a human rights institution of civil society. Based on the results of the study, the author concludes that the current system of notarial certification of real estate transactions in Russia is heterogeneous and fragmented, and that it is necessary to amend the current legislation in order to further expand the list of transactions for which a mandatory notarial form should be established in the sphere of real estate turnover.
E.V. BADULINA (Tue,) studied this question.