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EXECUTIVE SUBSCRIPTION OF THE NOTARY AS AN EFFECTIVE TOOL OF PROTECTING THE RIGHTS AND INTERESTS OF CITIZENS AND ORGANIZATIONS

EXECUTIVE SUBSCRIPTION OF THE NOTARY

AS AN EFFECTIVE TOOL OF PROTECTING THE RIGHTS AND INTERESTS

OF CITIZENS AND ORGANIZATIONS

V.K. KORSIK,

Postgraduate Student of the Department of Civil Procedure of the Law Faculty

of the Lomonosov Moscow State University

The executive inscription of a notary has an interesting history: it replaced the court order,

then existed along with the court order several decades later, and then was substantially

reformed and lost its former significance. The author raises the question of expanding the

grounds for the commission of such a notarial act. The article analyzes the evolution of

the institution of the notary’s executive inscription, its legal nature, analyzes in detail the

doctrinal research in this field and the practice of using different experiences of this institute

by foreign countries. The problem is that the transfer of a significant number of requirements

from the court’s competence to the competence of the notary’s office violates the principle of

administering justice only by the court. But, it seems that in reality there is no violation, since

in the case of the writ proceedings it is not about justice, but about judicial jurisdiction. The

author proposes additional criteria for “indisputability” of obligations that could later be

taken into account by the legislator, as well as additional requirements on which one could

apply to a notary for the execution of an executive inscription. According to the author, this

would greatly relieve the courts.

Keywords: notary’s executory formula; indisputability; writ; relief of courts; notarial form

of protection of the rights.

References

Argunov V.N. Sudebnyj prikaz i ispolnitel’naya nadpis’ [Judicial Order and Enforcement

Inscription]. Rossijskaya yustitsiya = Russian Justice, 1996, no. 7. (In Russian)

Borisova E.А. (ed.). Notariat i sud v Rossii: 150 let vmeste [Notary and Court in Russia:

150 Years Together]. Moscow, 2017. (In Russian)

Borisova E.А. (ed.). Pravovye osnovy notarial’noj deyatel’nosti v Rossijskoj Federatsii:

Uchebnik [Legal Basis of Notarial Activities in the Russian Federation: Textbook]. Moscow,

2016. (In Russian)

Kudryavtseva E.V. Ispolnitel’naya nadpis’ notariusa: vzglyad v proshloe [Executory

Endorsement: A View to the Past]. Notarial’nyj vestnik = Notary Herald, 2017, no. 7.

(In Russian)

Maleshin D.Ya. (ed.). Kommentarij zakonodatel’stva Rossijskoj Federatsii o notariate [Comment

of the Legislation of the Russian Federation on Notaries]. Moscow, 2018. (In Russian)

Shadlovskaya O.D. Prikaznoe proizvodstvo kak uproshchennaya forma grazhdanskogo

sudoproizvodstva: Dis. … kand. yurid. nauk [Order Proceedings as a Simplified Form

of Civil Proceedings: Thesis for a Candidate Degree in Law Sciences]. Moscow, 2015. (In

Russian)

Tsembelev N.Sh. Sudebnyj prikaz i ispolnitel’naya nadpis’: osobennosti, razlichiya,

skhodstvo [Court Order and Executive Inscription: Features, Differences, Similarities].

Ispolnitel’noe pravo = Enforcement Law, 2013, no. 3. (In Russian)

Yudelson K.S. Sovetskij notariat [Soviet Notary]. Moscow, 1959. (In Russian)

Information about the author

Korsik V.K. (Moscow, Russia) – Postgraduate Student of the Department of Civil

Procedure of the Law Faculty of the Lomonosov Moscow State University (1, Bldg. 13-14

Leninskie Gory, GSP-1, Moscow, 119991, Russia; e-mail: [email protected]).

Recommended citation

Korsik V.K. Ispolnitel’naya nadpis’ notariusa kak effektivnyj instrument zashchity prav

i interesov grazhdan i organizatsij [Executive Subscription of the Notary as an Effective

Tool of Protecting the Rights and Interests of Citizens and Organizations]. Вестник

гражданского процесса = Herald of Civil Procedure, 2019, no. 2, p. 157–169. (In Russian)

DOI: 10.24031/2226-0781-2019-9-2-157-169

V.K. KORSIK