Gasanova L.M. Securing of Evidence by the Notary and the Judge: Technical and Legal Aspect

Gasanova Leyli Makhmudovna

Candidate for a Degree, Department of Constitutional and Municipal Law,
Volgograd State University,
Assistant of Notary of Volgograd, Larisa Agapova
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation;
Lavrovaya St., 14, 400023 Volgograd, Russian Federation

Abstract. In this article the author examines the current issues of the application of rules and means of legal technique by notary and judge in the course of professional activity to secure evidence. The author considers the basic rules (requirements) of legal technique, regulating the process of securing evidence, and special attention is paid to such means of legal technique, as the language of law, the legal structure and legal characters. Based on the conducted study the author offers their own conclusions and judgments about the application of the notary and the judge identical professional tools in providing evidence.
Within the framework of the direct implementation of legal actions to secure evidence as the judge and notary in pure form presents professional legal activity aimed at the final result – the creation of a legal tool that meets all statutory requirements. Thus, the analysis of the activity has allowed the author to conclude that the mentioned law enforcers used a similar tool of legal technique.
Further research in this area will allow solving the problematic issues, which lie in the plane of technical and legal development – a significant improvement in both the quality of legislation and the requirements for the subjects of professional activity, the quality of the use of their professional skills.

Key words: notary, judge, securing of evidence, legal technique, notarial activity, justice.

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