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September 1, 2024Право и политика1 citationsOpen Access

The paradox of criminal procedural provision of notarial secrecy and its overcoming

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ELElena Ivanovna Lagodina

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Abstract

The main subject of this article, is notarial secrecy, the purpose of which in criminal proceedings is to ensure the rights and legitimate interests of its participants of the criminal proceedings. Despite the fact that the property relations developping in criminal proceedings at an accelerated pace, the activities of a notary in general and such an important element as notarial secrecy still remain "Terra incognita" for the science of criminal procedure. The lack of targeted research in this area leads to a "lag" in legislative regulation and problems in law enforcement. Of particular interest is the consideration of the phenomenon of notarial secrecy from the point of view of such a legal regime of secrecy, which defines it as a multi-secret, covering numerous areas of personal life of citizens. This circumstance confirms the necessity and expediency of establishing procedural means of protecting notarial secrecy. Using dialectical, theoretical, comparative legal, formal legal, methods of research allowed the author of the article to obtain significant information about the essence of notarial secrecy and its features in relation to the criminal procedure sphere. The novelty of the obtained results is expressed in the author's position regarding the identified paradox in the regulation of the system of ensuring the rights of participants, contradictions in the attitude of the legislator to the protection of their property interests and ensuring their stability in the presence of verification of a report of a crime, criminal proceedings. In the applied aspect, judgments are expressed about its essence as a complex legal phenomenon, each element of which should be assessed independently and receive its own means of protection from disclosure in the context of criminal proceedings, as well as at the stage of verification of a report of a crime.

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Elena Ivanovna Lagodina (2024) studied this question.

synapsesocial.com/papers/6a1bd7fc412da96b219cce34https://doi.org/10.7256/2454-0706.2024.9.71751
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