Herald of Civil Procedure
EN
main-photo

We in a citing index:

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: korsik.vladimir@gmail.com).

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

el_.png   it_.png   book.png

V.K. KORSIK