Foreign experience of legal regulation of social guarantees of notaries

Abstract

The article examines the legal regulation of social guarantees of notaries in foreign countries. It is emphasized that this kind of experience is one of the promising directions for improving the social protection of notaries in national legislation, as it involves an in-depth study of the essence and types of social guarantees provided for notaries in highly developed foreign countries. Scientists are investigating the principle of quotas in the field of notary, the essence of which is to create conditions for a normal notary process and ensure the impossibility of overloading the notary. It was concluded that the remuneration of notaries in foreign countries consists of several components, and the fee for the performance of notarial acts is calculated according to a fixed scale established by the government or other authorized body. Insurance of the professional activity of a notary is provided for, which includes two main components: 1) the actual liability of the notary who committed a mistake or negligence; 2) collective responsibility of representatives of the notary, which arises in the event of the notary's inability to cover the property consequences of his mistakes. In a number of foreign countries, the existence of various types of additional assistance of notaries is foreseen, which is systematic in nature. Special importance in foreign countries is attached to social guarantees in the field of education and professional training, providing methodical assistance to notaries, their professional growth, development of professional and scientific cooperation with notary associations of other countries, etc. The provision of assistance by the state to create appropriate conditions for the development of the independence of the notary's organizational activity is also characteristic. The experience of introducing a simplified procedure for admitting a notary to the notary is also interesting if the notary has an academic degree of Doctor of Sciences or an equivalent academic degree in the specialty "Civil, International and Private Law" or "Civil Procedural Law", or the person has passed the qualification exam at the judge.