The Role of the Notary in the Implementation of the Provisions of the Judicial Statutes of 1864

Abstract

The judicial statutes of 1864 consolidated the provisions on the reform of not only the court, but also a number of other institutions, then attributed by the legislator to the judicial system. A significant place among them was taken by the notary. The inclusion of the Provision on the Notarial Part in the composition of Judicial Charters, and notaries in the number of judicial officers meant that the latter were endowed with the function of preventive justice. Notaries were considered as persons authorized to prevent disputes by their actions, and sometimes to facilitate their resolution. At the same time, the role of notaries in the implementation of Judicial reform is not sufficiently disclosed by domestic researchers. The author analyzes the activities of notaries in general and a number of individual notarial actions directly aimed at assisting judicial authorities. The article presents a complete list of notarial actions that were consulted by notaries in accordance with the provisions of the Judicial Reform. The author comes to the conclusion about the significant contribution of the notary to the activities of the post-reform court and the formation of the judicial system after 1864, as well as the key role of Judicial reform in the development of the institution of the notary in Russia.