Журнал «Современная Наука»

Russian (CIS)English (United Kingdom)
MOSCOW +7(495)-142-86-81

INTERNATIONAL COOPERATION WITHIN THE FRAMEWORK OF THE EAEU IN THE FIELD OF NOTARY IN THE PRISM OF DIGITAL LAW

Tereshchenko Elena Igorevna  (senior lecturer of the department of civil and business law of the Odintsovo branch of MGIMO Ministry of Foreign Affairs of Russia)

Labin Dmitry Konstantinovich  (Doctor of Law, Professor, Professor of the Department of International Law MGIMO MFA of Russia)

The article discusses the need to create a Single Notarial Space in the Eurasian Economic Union, which will allow moving to a higher level of economic cooperation, lead to more effective development of civil-legal relations, allow participants in these relations to quickly formalize inheritance rights, conduct remote and electronic notarial acts, and carry out electronic exchange of information and documents within the Eurasian Economic Union. An analysis of the current international cooperation is conducted, and new legislative acts that allow for international exchange of information in the notarial system are also analyzed. A model law is considered, which is not a legislative act, but is proposed for consideration and guidance for the harmonization of national systems of the member countries of the Eurasian Economic Union. It is noted that at the moment, cross-border relations in the notarial sphere are regulated by the "Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases", concluded in Minsk on January 22, 1993, which ensures the provision of legal assistance, but exclusively through the postal transmission of documents through the justice authorities, which is an ineffective measure in the age of digital technologies. A legal mechanism for regulating cross-border relations in the notarial sphere is proposed. The author proposed the creation of an international treaty, indicated the main positions that are necessary for regulating international relations on notarial issues within the framework of the Eurasian Economic Union, while when determining the main ideas of cross-border cooperation, it is possible to be guided by the Model Law, which, although it is not a legislative act, and also does not fully correspond to the relations that may exist in reality, is still an effective progressive model.

Keywords:member states of the Eurasian Economic Union, international treaties, notary, inheritance rights, remote and electronic notarial actions

 

Read the full article …



Citation link:
Tereshchenko E. I., Labin D. K. INTERNATIONAL COOPERATION WITHIN THE FRAMEWORK OF THE EAEU IN THE FIELD OF NOTARY IN THE PRISM OF DIGITAL LAW // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2024. -№12. -С. 193-196 DOI 10.37882/2223-2974.2024.12.37
LEGAL INFORMATION:
Reproduction of materials is permitted only for non-commercial purposes with reference to the original publication. Protected by the laws of the Russian Federation. Any violations of the law are prosecuted.
© ООО "Научные технологии"