MODELS OF NOTARIAL REGULATION: IN SEARCH OF BALANCE

The existence of several theoretical models of regulating notarial activities substantiates the relevance of raising a question about these models’ advantages and disadvantages. While analysing the two global models of regulating notarial activities, i.e. self-regulation and state regulation, the authors come to the conclusion that it is essential to maintain an optimal balance between the powers of state bodies and notary community so that the national notaries can effectively exercise the powers entrusted to them. The archetypes analyzed are paired and in the majority of legal systems they are used cumulatively, which allows, on the one hand, to ensure the operation of the principles of the Latin type notarial system, including self-regulation, self-financing and self-organisation, and, on the other hand, to exercise the state control over notaries without violating the fundamental principles of their activities. The foreign experience studied in the article also indicates the efficiency of combining state regulation and corporate governance within the notarial system.