Concept and special features of proving in notarial activities

Abstract

The article examines some problems related to proof in notarial activities and substantiates the relevance of those provisions of legislation for strengthening the role of the notary in the process of proof by introducing categories of limits and standards in notarial activities. The establishment of limits of notarial proof increases the meaning of certain clauses of the agreement (what exactly was checked and proved by the notary) and serves as the basis for an adequate solution to the issue of evidentiary value of the notarial deed, reflecting the results of the explanatory and verification activities of the notary. In the subject of proof in notarial proceedings, it is proposed to include documents, information, and statements containing information on the presence or absence of certain facts of legal significance necessary for the performance of a notarial act. Examining certain provisions of notary legislation, the author concludes that there exists a presumption in the notarial process that should be understood as provisions according to which a particular fact is considered unproven if a significant violation of the notarial form is committed. Based on examples from judicial and notarial practice, it is concluded that the main task of legal regulation of the procedure of notarial proof is to create conditions for a comprehensive establishment by a notary of the circumstances that took place in the relationship between the parties to notarial proceedings in order to eliminate subjective factors associated with the peculiarities of perception of the same type of legal relationship by subjects with different levels of psychological perception.

Keywords:

notary, proofs, proving, subject of proof, limits of proof, standard of proof, principles of proof