Open AccessINCREASE IN THE ACTIVE ROLE OF NOTARIES IN INHERITANCE PROCEEDINGS: ISSUES, SOLUTIONS, PROSPECTS
Author(s) -
Viktor N. Domanov,
Vladislav V. Domanov
Publication year - 2020
Publication title -
nasledstvennoe pravo
Language(s) - English
Resource type - Journals
ISSN - 2072-4179
DOI - 10.18572/2072-4179-2020-3-8-13
Subject(s) - inheritance (genetic algorithm) , settlor , kinship , institution , political science , work (physics) , field (mathematics) , law , state (computer science) , business , public relations , sociology , engineering , computer science , mechanical engineering , biochemistry , chemistry , mathematics , algorithm , pure mathematics , gene
The article is devoted to the study of the activities of notaries in inheritance cases. The institution of inheritance in Russia, which has historically played an important role in the functioning of public relations, is based on the legal framework formed relatively recently in the transition to a market economy. The main link of modern notaries is private notaries, whose community also makes a significant contribution to improving the legal framework. However, in the field of inheritance proceedings, the activity of notaries is not active enough, which does not meet the interests of citizens and society as a whole. When establishing the fact of opening an inheritance, determining the place of opening an inheritance, establishing the degree of kinship with the testator, according to the authors, the notary should be guided primarily by information from electronic databases of state bodies, use the information obtained in the interests of all existing heirs, which will increase the convenience of using the notary system as a whole, will help reduce the number of falsifications and legal disputes. To do this, the professional community of notaries is invited to expand the list of electronic databases used in the work and develop professional standards in which the notary independently receives information about heirs contained in the databases, as well as the use of this information by the notary in the interests of all heirs (for example, informing the heirs about the opened inheritance) will become mandatory.