Notary Pub Date : 2023-05-04 DOI: 10.18572/1813-1204-2023-2-20-22

N.Yu. Chelysheva

{"title":"A Non-Financial Legal Aspect of Losses Caused as a Result of Forced Termination of the Ownership Right","authors":"N.Yu. Chelysheva","doi":"10.18572/1813-1204-2023-2-20-22","DOIUrl":"https://doi.org/10.18572/1813-1204-2023-2-20-22","url":null,"abstract":"The latest views of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on judicial practice on compensation for moral damage reveal not only new grounds for paying compensation for physical and moral suffering to victims, but also lead to a rethinking of the content of other legal institutions, such as property, civil liability, losses, etc. From the decisions of the highest judicial bodies considered in the article, it follows that the right to compensation for moral damage arises from the victim and as a result of violation of his property rights, if such a violation caused the victim physical and moral suffering. The detailed analysis of the philosophical understanding of the categories of “property” and “alienation” given in the article suggests that in the future moral damage can be compensated by virtue of the fact of its infliction, regardless of the legality of the causal actions. The main content of the text is an analysis of the positions of the Constitutional Court of Russia and other judicial bodies in terms of the ratio of norms on the inadmissibility of forced termination of property rights and norms on the specifics of compensation for harm caused by legitimate actions.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127978724","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Features of Digitalization of Notarial Activities in Russia and the USA: The Comparative Aspect 俄罗斯与美国公证活动数字化特征比较

Notary Pub Date : 2023-05-04 DOI: 10.18572/1813-1204-2023-2-53-56

E. Agibalova, A. A. Ryzhova

{"title":"Features of Digitalization of Notarial Activities in Russia and the USA: The Comparative Aspect","authors":"E. Agibalova, A. A. Ryzhova","doi":"10.18572/1813-1204-2023-2-53-56","DOIUrl":"https://doi.org/10.18572/1813-1204-2023-2-53-56","url":null,"abstract":"The article presents a comparative study of the features of digitalization of notarial activity in Russia and the USA. Reference to successful practices of digitalization of notaries abroad on the example of the USA allowed the authors to identify significant differences in the results of digitalization of notarial activity in Russia and the USA and to conceptualize these differences. Comparative aspects were the peculiarities of the forms of digital notarial activity in both states, including the terms denoting them, as well as the differences between the digital resources used by notaries in Russia and the USA. Two fundamental differences between American and Russian practices were conceptually singled out, indicating a certain decentralization of notarial activities and the notarial community: 1) notaries in the US are empowered to provide remote notarial services only after receiving a special permit issued by a state authority; 2) US notaries use numerous digital resources unlike the Russian Unified Notarial Information System (UIS), which is the only centralized system for notarial services. The authors conclude that despite the general decentralization effect of the U.S. notarial activity there is still great dynamism of service provision, actualization of the notary public principle and integration of notarial subjects in the new digital space. According to the authors, the revealed differences of digital adaptation of notarial activity in Russia and the U.S. are due to objective political and economic reasons; however, in both jurisdictions digitalization promotes unification of notarial practices.","PeriodicalId":214894,"journal":{"name":"Notary","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132250061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Compensation of Damage Caused by the Use of Artificial Intelligence 使用人工智能造成损害的赔偿

Notary Pub Date : 2023-05-04 DOI: 10.18572/1813-1204-2023-2-6-8

Olga N. Zakharova, Tatyana Yu. Epifantseva

引用次数: 0

ON OPPORTUNITIES FOR BROADENING OF NOTARIES’ POWERS IN TERMS OF ORGANIZATION OF VIDEO CONFERENCING WITH COMMERCIAL AND GENERAL JURISDICTION COURTS 论公证员在与商事法院和一般管辖权法院组织视频会议方面扩大权力的机会

Notary Pub Date : 2021-03-18 DOI: 10.18572/1813-1204-2021-2-6-9

G. V. Sintsov, Aleksey A. Prokhorov

引用次数: 0

EXERCISING OF JUDICIAL CONTROL OVER NOTARIAL ACTIVITIES: SOME CHALLENGING ISSUES 司法对公证活动的控制:若干具有挑战性的问题

Notary Pub Date : 2021-03-18 DOI: 10.18572/1813-1204-2021-2-10-13

T. V. Yaroshenko