The independence of the notary is a basic principle of his work. The notary is not included in the hierarchy of officials (civil servants). In his work he is subordinate to the Constitution, the Fundamentals of the Legislation on Notaries and legal acts adopted in accordance with them. The law provides guarantees of the principle of independence, among which are self-organisation and self-governance, self-financing, and control of the notary’s activities. The main role in ensuring guarantees of notary independence belongs to the notarial chambers and the Federal Chamber of Notaries, which, in cooperation with the bodies of the Ministry of Justice, jointly resolve notarial organisational and legal issues, ensuring a balance between the powers of the State and the notary. The existing balance may be disturbed by the adoption of the draft law on notary. Strengthening of the state regulation of the institution of notary cannot but affect the independence of the notary. Whether such changes are necessary, whether the existing legislative regulation is sufficient for effective notarial activity — the questions, answers to which are in the proposed article.
Elena A. Borisova (Tue,) studied this question.