Inshakova A.O., Tymchuk Yu.A. Mandatory Notarization Real Estate Transactions as a Guarantee of Its Stability of Civil Turnover
Agnessa Olegovna Inshakova
Doctor of Juridical Sciences, Professor, Head of Department of Civil and International Private Law,
Volgograd State University,
Base Department of Southern Scientific Center of the Russian Academy of Sciences (SSC RAS)
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,
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Yuliya Aleksandrovna Tymchuk
4-Year Student, Institute of Law,
Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The article is devoted to objective factors of contemporary reality, necessitates legislative consolidation of the procedures of mandatory notarization of real estate transactions. In addition, the authors analyze the circumstances preventing such consolidation. The dynamics of changes in the tariff for the notarial certificate of real estate transactions is studied. A comparative analysis of the cost of the services of intermediaries in real estate and notary tariffs is conducted. The conclusion about the need to establish notary tariffs for certification of real estate transactions, depending on the level of solvency of the population in a particular subject of the Russian Federation is made. The approach to the definition of notary tariffs depending on the category of the payer is substantiated and differentiated. With regard to fees of legal and technical nature it is proposed to establish federal law criteria for its calculation as an independent type of payment. It is recommended to give the representative bodies of subjects of the Russian Federation the authority to establish specific criteria for the size of the calculation taking into account the socio-economic development of the subject, and other economic indicators. With this aim it is proposed to conduct the necessary studies on establishing the economically justified criteria and size of the tariffs and fixing them in the law.
The research focuses on issues related to the regulation of the liability of notaries, legal mechanisms available to address them, as well as a new edition of the individual rules governing such liability.
In addition, analysis of the legal possibilities of the mandatory notarial form of real estate transactions in the protection of property rights of citizens and to combat fraudulent schemes in the real estate market. As a general conclusion, the authors listed the legal measures necessary for the implementation of the guarantee function of the mechanism of mandatory notarization of real estate transactions in order to stabilize its civil turnover.
Key words: mandatory notarization, form of transaction, real estate transactions, notarial tariff, notarial responsibility, stability of civil turnover.
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