the Outbreak of pandemic is not only not canceled plans, but added the study of particular relevance. States on all continents are taking extraordinary measures to stop the infection, and it radically changed the habitual way of life.
whatever it was, the events gave a strong impetus to the development of remote procedures. This is not a new or unexpected trend, but the current situation has sped up many processes. For example, the Ministry of justice said it would force the introduction of such superservice as “Birth” and “Bereavement”, allowing online to resolve issues with the paperwork. Including the receipt of an inheritance.
In connection with the development of electronic technology, many non-specialists occurs naive euphoria, like digital services can lead to savings through the elimination of existing legal institutions. For example, sometimes there is an opinion that instead of notarization of transactions you can enter the blockchain. As it turned out in the course of an international Congress, such voices are heard around the world. But protect the blockchain as much as it protects the other person having powers of a notary?
For international studies, the Russian side has prepared a special questionnaire. What are the guarantees in different countries gives the notarial act form? Is there a heightened evidentiary effect? How often are challenged in court, notarial acts? In what areas of life is the most popular notary acts? Only in the traditional fields of the transaction for the sale of real estate, family and inheritance relations, corporate law? Or notary is involved in the other cases? For example, in Russia we have a notary function will provide evidence: examination of written and physical evidence, Internet sites and SMS, examination of witnesses, appointment of examination, etc.
from the Russian side the issues were approved by the members of the Commission on the congresses of the International Union of notaries. Of particular interest was the question of Executive power of notarial acts, allowing to recover the obligation out of court. In Russia, if the money was in debt issued by notarized agreement, that in case of default by the debtor, sufficient to Executive inscription by a notary and immediately send documents to the bailiffs.
according to experts, in view of the fact that not all countries of the notarial acts have such force, this topic is very important for the profession and for society. This Institute enhances the status of a notarial document, is the potential for the development of the Notariat and its critical mission, enhancing the stability of civil turnover. For citizens ��the possibility of execution in a simplified court reduces the costs of time and money on legal proceedings.
according to experts participating at the forum in Jakarta, digital technologies themselves do not guarantee security in transactions. For example, non-experts often there are proposals to execute the contract on video. However, the notary does not attest to a video about a person’s signature under important Treaty.
Where is the guarantee that the person on the screen was the same man? Recently, a Russian programmer was connected to the Zoom of the conference under the guise of Elon musk, and, according to press reports, no one noticed the substitution. According to the programmer, a special program he wrote for a couple of hours. Enough to upload a photo of any person, and you can get in touch under the guise of it. There is no doubt that if the crooks will take up the matter seriously, they are able to create more powerful programs that make forgery virtually indistinguishable.
in addition, identification is only half the battle. For example, the connection came the same man. But the notary must ensure that the citizen is acting voluntarily. This is only possible in person. Where is the guarantee that the video not behind the scenes is someone with a gun pointed at a person?
“the Digitalization is, of course, the main trend of recent years, which, first of all, we look forward acceleration of all processes in society and the state, optimization of production, increase economic performance and improve the quality of life itself, – said the President of the Federal notary chamber of Russia Konstantin Korsik. – When this innovation is not only changing lifestyles, but also generate a new format of relations”.
“now we’re talking about digital rights and digital transactions. And here, unfortunately, many people forget that adding the word “digital” does not change the essential need of civil turnover and its members – safety and protection of the right. Some people think that the protective function will assume directly the advanced technology used in the new format of relations. However, experience has shown that it is a serious mistake,” he said.
As noted in the interior Ministry, the new information technologies increasingly are adopting and criminal circles”. Among the most common crimes by using digital technology, embezzlement, identity theft and other types of fraud.
“a Simplified procedure and a virtually immediate decision-making in the digital conditions increase the vulnerability of citizens, – said the notary Elena Obraztsova. – Especially it concerns people who are not trained in the legal and technological aspects”.
But, sometimes, threatened, etc.adventue digital security people. They often do not think about the legal sense of the pop-up text on the screen and do not consider it necessary to understand it. That is, a priori I think that all documents issued by the computer, are not in any danger.
“of Individual problem bears and the blockchain technology, which is currently proposed to use as the basis for digital transactions – smart contracts. So, if a defect of the will appeared in at least one of the participants in the chain of transactions, the blockchain, then it all becomes void, – explained exemplary. – In addition, within the framework of the blockchain, you cannot make changes in already concluded contract. As a consequence, the risks of rights violations and invalidation of the arise participants and a chain of transactions. A logical question arises: who will take responsibility for the security of legal relations in the new digital environment?”.
Experts note that the Russian Notariat has its own email infrastructure, which allows to ensure the safety and stability of legal relations, including in the conditions of digital revolution. It is based on the unified information system of notaries. It was created by the Federal chamber of notaries in 2014, the own funds of notaries, without subsidies from the state budget.
Today, in the EIS recorded absolutely all notarial acts. This is to protect the notary act against counterfeiting and to guarantee the authenticity of the legally relevant information.
Many experts agree that in the framework of smart contracts that the notary could assume the role of Trustee. This is necessary primarily in the case of transactions involving citizens. As an independent arbitrator that the notary would ensure that parties to such transactions, the legality of and subsequent protection from challenge. In turn, the notary always was the guarantor of legality the original document on the basis of which the right arises. And in terms of the development of the digital economy, the notary is also prepared to provide citizens and business with the most modern services.
the Russian experience interested foreign specialists. In turn, the Lionel Hales, the notary from France, coordinator Europe at the International Union of notaries also spoke about the need for professional intervention of a notary in many corporate procedures, financial relations, including the world Bank. And Lee Jong -, the notary from China, spoke about the unique platform for the protection of intellectual property rights created in China. It allows you to track copyright violations in any sphere of goods and services in the field of information security. Search and fixation of pirated content on the Internet, stolen videopadoccii, etc. – these procedures are performed on the platform with the participation of a notary.
Now the materials collected by the members of Congress, processed and will also be used in the course of scientific research. The results are to be used in the further development of legal protection of citizens in the implementation of electronic procedures.
Congress in Jakarta was the first Congress of the International Union of notaries in Asia, which gives it a particular solemnity and pride causes notaries Indonesia. The Congress was attended by about a thousand notaries Indonesia from different regions.
