In the article the authors attempted to demonstrate the necessity of notary assistance in the real estate turnover contracts in the Russian Federation in current conditions. Federal Laws adopted in the Russian Federation determined the tendency for intensification of the notary’s role. Taken measures installed the mechanism of the legal relations with the real estate that caused the excessive demand to the notary form of transactions with the real estate. It’s the notary who makes the legal examination of documents and provides the participants in a contract protection. The tariff (money rate) for notary services was reduced that made the process to certify the transaction by a notary more accessible for citizens. They also gained some supplementary guarantees for their rights to be observed in comparison with those persons whose contracts were certified in the simple written form. The procedure of making some civil law contracts has been changed. Real estate contracts must be certified by a notary when the property is common ownership or controlled as a part of guardianship. The same is true when real estate of a minor or a person having limited legal capacity is sold. This innovation lets to defend the weak participants (parties) in making real estate contracts. Federal Law “On the State Registration of Real Estate” entered into force on the 1-st of January 2017 and gave some advantages in drawing up real estate contracts with the notary assistance. They include the reduced terms of real estate registration; the possibility for a notary to appeal the registering body individually. Thus, the citizens are free not to solve legal issues on which they don’t have consciousness. The degree of responsibility is detailed in cases of “act or omission” of notaries assisting in State Title Registration that causes losses to both citizens and legal entities.
notary, real estate, contract, contract form, state registration, registering body
1. O Federal'noy sluzhbe gosudarstvennoy registracii, kadastra i kartografii: ukaz Prezidenta RF ot 25 dekabrya 2008 g. № 1847 // SZ RF. 2008. № 52 (ch. 1). St. 6366.
2. O vnesenii izmeneniy v otdel'nye zakonodatel'nye akty Rossiyskoy Federacii: feder. zakon ot 21 dekabrya 2013 g. № 379-FZ // SZ RF. 2013. № 51. St. 6699.
3. O vnesenii izmeneniy v otdel'nye zakonodatel'nye akty Rossiyskoy Federacii: feder. zakon ot 29 dekabrya 2015 g. № 391-FZ // SZ RF. 2016. № 1 (ch. I). St. 11.
4. O gosudarstvennoy registracii nedvizhimosti: feder. zakon ot 13 iyulya 2015 g. № 218-FZ // SZ RF. 2015. № 29 (ch. I). St. 4344.
