Historical and legal aspect of the development of legislation on the prototypes of the bodies that carried out notarial activities in the Rus' and Muscovy

Abstract

The article provides a retrospective analysis of the legal regulations that governed the primary protonotarial activity in the northern lands of Russia. Some provisions of the Russkaya Pravda, as a basic act of ancient Russia, as well as documents of the Galicia-Volyn principality are considered: Charter of Prince Ivan Rostislavovich (1134), "Manuscript" of Prince Vladimir Vasilyevich (1287), Charter of Mstislav Romanovich (1289).

A professional review of scientific literature and legal acts is presented, which mentions proto-registration activities and the compilation of individual acts of a private legal nature by the so-called areal clerks (or cursive writers), which were common in the lands of northern Russia, over which Kiev lost its control. The analysis covered the periods before and after the entry into force of the Code of 1649 until the end of the era of cursive writers just before the beginning of the 18th century.

The questions of the symbolism of law in the execution of transactions with land, transactions with property, transactions where the subject were living people were touched upon. The formation of the notary profession as a non-state free and self-governing professional institution is traced. The issues of the activities of areal clerks are considered in detail.

Specific examples of the documents they draw up are given, as well as materials of law enforcement practice. Expansion on the part of the state is illustrated in order to take control of the activities of the first notaries, to curtail and further eliminate their independence and independence from the state and its bureaucracy. The works of the XIX - early years of the XX century are widely used, which contain the provisions of ancient legal acts and documents that are inaccessible to modern researchers.