Goncharov A.I., Goncharova M.V. Giving Executive Power to Documents of Indebtedness and Payment: the Order of Notarial Procedures

DOI: https://doi.org/10.15688/lc.jvolsu.2017.3.10

Alexander I. Goncharov, Doctor of Juridical Sciences, Doctor of Economic Sciences, Professor, Department of Civil Law Disciplines, Volgograd Institute of Management – RANEPA Branch, Gagarina St., 8, 400131 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Marina V. Goncharova, Doctor of Economic Sciences, Professor, Department of Economics and Management, Plekhanov Russian State University of Economics (Volgograd Branch), Volgo-Donskaya St., 11, 400066 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the article examines the order of notarial procedures giving the executive power to documents of indebtedness and payment which is in force within the Russian Federation. The legislator has created the remedy of the lender in case of debt loss which is alternative to the judicial one. The creditor, whose right has been violated, refers to the bailiff-executor at once, but with the document legitimized according to a special procedure by the special person – the notary – with a copy of the document, undoubtedly making a claim on the debtor and having a special mark of the notary – the executive inscription. The specificity and great value are in the extraterritoriality of this procedure – at present in Russia it is possible to apply for the notarial inscription to any notary, regardless of the place of the loan granting or the location of the debtor or the creditor. The purpose of the study is to reveal the current legal order of giving the executive power to documents of indebtedness and payment by the notary. Methods: there are applied in conjunction the methods of scientific knowledge, including the basic methods of systematicity, analysis and the comparative law one. Results: it is proved that the modern Russian law provides for a special extrajudicial procedure of giving legal effect to documents of indebtedness and payment, having which the creditor, whose rights have been violated by the defaulter, has the right to appeal in the future directly to the court bailiff-executor for the enforcement of the debt under the existing enforcement procedures. Conclusions: the extraterritorial notarial way of legitimizing documents of indebtedness and payment for the purpose of giving them a legal force of enforcement documents for the subsequent recovery of the debt from the debtor in the lender’s favor by the bailiff-executor is an effective, streamlined regulatory device furthering a goal of implementing the appropriate civil circulation in the Russian Federation.

Key words: creditor, debtor, demand, payment documents, notary, performance of obligations, executive inscription, bailiff.

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