公证员在执行1864年《司法法规》规定中的作用

Ioann V. Botantsov
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引用次数: 0

摘要

1864年的司法法规不仅巩固了法院改革的规定,而且还巩固了一些其他机构的改革规定,然后立法者将其归因于司法制度。公证人在他们中间占了重要的地位。将公证部分的规定纳入司法宪章的组成,将公证人纳入司法人员的数量,意味着后者被赋予了预防性司法的职能。公证人被认为是被授权通过他们的行动来防止争端的人,有时也被认为是促进争端解决的人。与此同时,国内研究者对公证员在司法改革实施中的作用披露不够充分。作者分析了公证员的一般活动和一些直接以协助司法机关为目的的个人公证行为。本文介绍了公证员根据司法改革的规定所咨询的公证诉讼的完整清单。本文从公证员对改革后的法院活动和1864年后司法制度形成的重要贡献,以及司法改革对俄罗斯公证员制度发展的关键作用等方面进行了总结。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Role of the Notary in the Implementation of the Provisions of the Judicial Statutes of 1864
The judicial statutes of 1864 consolidated the provisions on the reform of not only the court, but also a number of other institutions, then attributed by the legislator to the judicial system. A significant place among them was taken by the notary. The inclusion of the Provision on the Notarial Part in the composition of Judicial Charters, and notaries in the number of judicial officers meant that the latter were endowed with the function of preventive justice. Notaries were considered as persons authorized to prevent disputes by their actions, and sometimes to facilitate their resolution. At the same time, the role of notaries in the implementation of Judicial reform is not sufficiently disclosed by domestic researchers. The author analyzes the activities of notaries in general and a number of individual notarial actions directly aimed at assisting judicial authorities. The article presents a complete list of notarial actions that were consulted by notaries in accordance with the provisions of the Judicial Reform. The author comes to the conclusion about the significant contribution of the notary to the activities of the post-reform court and the formation of the judicial system after 1864, as well as the key role of Judicial reform in the development of the institution of the notary in Russia.
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