Peculiarities and procedure for interrogation of a witness by a notary public
The subject. The author explores the current theoretical problems of Russian legislation governing the interrogation of a witness by a notary.Methodology. In the course of the research, formal legal and systematic methods of interpretation of current legal norms were used.Main results and conclusion...
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| Format: | Article |
| Language: | Russian |
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Dostoevsky Omsk State University
2025-03-01
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| Series: | Правоприменение |
| Subjects: | |
| Online Access: | https://enforcement.omsu.ru/jour/article/view/1055 |
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| Summary: | The subject. The author explores the current theoretical problems of Russian legislation governing the interrogation of a witness by a notary.Methodology. In the course of the research, formal legal and systematic methods of interpretation of current legal norms were used.Main results and conclusions. The conducted research and analysis of legal norms allow us to form a critical approach to the model of witness interrogation by a notary that exists in the legislation of the Russian Federation. The author proposes to amend the legislation in terms of granting the notary the right to interrogate a witness only in the absence of a dispute in court. The article provides a correlation between the provisions of the Fundamentals of Legislation on Notaries dated February 11, 1993, which establish the possibility for a notary to interrogate a witness in order to give such testimony evidentiary value in resolving civil disputes in court, and the norms of the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation on securing evidence by the court. The testimony of a witness obtained from a notary in order to provide evidence is accepted by the courts as appropriate and admissible evidence in the case, even if it was obtained after the initiation of proceedings in court. |
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| ISSN: | 2542-1514 2658-4050 |