Tymchuk Yu.A. Notarial Certificate of Transactions with the Real Estate: Comparative and Legal Analysis of the Legislation of the Eurasian Economic Union Countries
DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.5
Yuliya A. Tymchuk, Candidate for a Degree of the Department of Civil Law and Process and International Private Law, Peoples’ Friendship University of Russia, Miklukho-Maclay St., 6, 117198 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-0854-3179
Introduction: now in connection with the amplifying globalization and integration processes in the modern world, the special relevance is acquired by the researches connected with consideration and assessment of legal experience of foreign countries in certain legal spheres. In particular, in the last several years within EEU strengthening and deepening of integration processes is observed. At the same time, civil circulation of the real estate of member states of EEU is characterized by instability that generates the need for search of the effective legal mechanisms directed to leveling of the available negative trends. It is possible to carry the notarial certificate of transactions with the real estate to number of such mechanisms.
It is natural that after the collapse of the USSR the legislation on a notariate of member countries of EEU developed independently more than 20 years. However the need for deepening of legal integration of the countries of EEU, predetermines need for a comparative and legal research of legal experience in the sphere of the notarial certificate of transactions with the real estate. In this regard carrying out the comparative and legal analysis of the legislation of the countries of the EEU regulating the notarial certificate of transactions with the real estate for development of recommendations about its improvement acts as a main objective of the real research. Methods: in the course of the research chastnonauchny methods were used as general scientific methods (a dialectic method of knowledge, the analysis, synthesis, a formal and logical method, etc.), and (legallistic, comparative and legal, etc.). Results: the comparative and legal analysis of the current legislation of member countries of EEU allowed to reveal a number of similarities and differences in a legal regulation of the mechanism of the notarial certificate of transactions with the real estate. In particular, existence of identical obligations at commission of notarial action for the certificate of transactions with the real estate and also functioning of identical information systems of a notariate in member countries of EEU demonstrate similarities in a legal regulation. At the same time it is possible to refer to number of differences: various approaches of the states to essence of the notarial certificate of transactions with the real estate and the list of transactions for which the notarial form is obligatory. Following the results of the carried-out analysis the author emphasizes an unsatisfactory condition of the legislation in the field of a notariate of the countries of EEU, in view of its discrepancy to modern requirements of civil circulation. Conclusions: as a result of the conducted research the main directions of improvement of the national legislation of member states of the EEU regulating the notarial certificate of transactions with the real estate are defined. Besides, for strengthening of cooperation of notarial chambers of member states of EEU recommendations about application of information and communication technologies are formulated.
Key words: notarial certificate, transactions with the real estate, obligatory notarial form, duties of the notary, civil turnover, information system of a notariate, Eurasian Economic Union.
Citation. Tymchuk Yu.A. Notarial Certificate of Transactions with the Real Estate: Comparative and Legal Analysis of the Legislation of the Eurasian Economic Union Countries. Legal Concept, 2019, vol. 18, no. 1, pp. 40-48. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.5
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