The development of notary as free legal profession in Kosovo
Conducting an analysis of the role of notaries in Kosovo, persons authorized by the state to draft, execute and legalize legal civil documents. The process of modernizing notary services with the changing needs of legal entities and individuals.
| Рубрика | Государство и право |
| Вид | статья |
| Язык | английский |
| Дата добавления | 20.09.2024 |
| Размер файла | 97,9 K |
Отправить свою хорошую работу в базу знаний просто. Используйте форму, расположенную ниже
Студенты, аспиранты, молодые ученые, использующие базу знаний в своей учебе и работе, будут вам очень благодарны.
In contrast, English notaries operating in a common law setting have legitimate concerns about being exposed to competitive pressures. Unlike their counterparts in civil law jurisdictions, they do not hold delegated authority from the state, their numbers are not subject to a numerus clausus, they are not protected by a nationality requirement, and there are very few legal specialities that only require their specific notarial knowledge that cannot--and frequently cannot--be performed by members of other professions. Even in the context of international business, the marginal standing of English notaries inside the common law system is starting to pose a major threat, as if this was not enough reason to be concerned. ibid 147.
The Notary, as one of the important pillars of a democratic society, must exercise its function responsibly and ascertain the truth in a formalised and complex procedure. Given that notaries are also entrusted with some judicial powers, particularly in inheritance and non-contested procedures, a close relationship exists between the two categories of rights and freedoms of fair trial. This relationship emphasises the importance of respecting an individual's privacy and freedom of information.
Accordingly, current provisions stipulate that the work of notary offices is public and information regarding notarial work is provided by the notary or the person authorised. Notarial certifications contribute to greater legal certainty and are more accessible to citizens without excessive cost. Korac (n 32). As a result, notaries must provide services with integrity, professionalism, and efficiency, adhering to current laws and honouring the notarial services charge. Hamdi Podvorica, Fatlum Podvorica dhe Enisa Haliti, E Drejta Noteriale (Trend 2018) 63.
Notaries are prohibited from disclosing information that could influence the development of the respective procedure. Procedural rules generally offer public access, except where the law excludes the public. When providing information in some instances, the confidentiality provisions of the proceedings and the prestige, privacy, and business interests of the parties and other participants must be respected. In cases where public disclosure is deemed appropriate, the notary and the Chamber may choose to inform the public about their work through organised press conferences. On the contrary, disregarding the principles of public information can lead to the dissemination of unprofessional information and undermine notarial procedures. We consider that failing to provide information may weaken public confidence in the work of notaries and the Chamber.
When two or more parties participate in creating a notarial act, the notary must exercise caution. They are not authorised to defend one party's interests at the expense of the other. Arben A Hakani, Noteria пё Republiken e Shqiperise (2 botimi, Onufri 2011) 71.
Conclusions
Based on the research, to function more effectively in the notarial system in Kosovo as a free profession, several additional steps and activities should be undertaken in several directions:
strengthening the system of independence and accountability of notaries regarding the exercise of their powers and responsibilities;
further development of the legal framework and continuous training of notaries, including the appointment of new notaries to cover all places and official headquarters and the initiation of measures to address the shortage of notaries in some municipalities in Kosovo;
enhancing the criteria for obtaining a notary's license, ensuring that positions are not obtained through friendship, clan, family, and political ties, as well as maintaining full transparency in the selection process while promoting gender equality and the ever-greater promotion of female notaries;
ensuring full access to all public registers by notaries, with an obligation to maintain confidentiality and imposing punishment for disclosing professional secrets;
mandating that both current notaries and new notaries take the jurisprudence exam in addition to the notary exam;
establishing an inspectorate as a special mechanism for supervising the work of notaries;
harmonising by-laws in the field of notaries with the law on notaries, with particular emphasis on the harmonisation of the Statute of the Chamber of Notaries with the Law;
explicitly repealing the Law on the legalisation of signatures, manuscripts, and copies issued by the Assembly of the Autonomous Socialist Province of Kosovo (KSAK) on 28 December 1971 and replacing it with a new law in this field;
ensuring coverage of all municipalities with a notary, as mandated by law;
increasing inter-institutional cooperation and improving the electronic systems of public registers, as well as the prevention of suspicious and fictitious transactions that may be linked to various criminal acts of corruption, organised crime, money laundering, and terrorist financing.
References
1. Bahtiri B dhe Bilalli A, E Drejta Trashegimore (Universiteti i Prishtincs Hasan Prishtina 2021).
2. Brooks J., Risk assessment for the Kosovo Chamber of Notaries (Swiss Cooperation Office Kosovo 2019).
3. Hakani A.A., Noteria пё Republiken e Shqiperise (2 botimi, Onufri 2011).
4. Korac V., `Comperative Jurisdictions of Local Administration Authorities and Notaries for the Certification Purposes in Montenegro' (2021) 19(3) Lex localis 439, doi:10.4335/19.3.439-459(2021).
5. Podvorica H. dhe Podvorica F., Komentari i Ligjit per Trashegimine se Kosoves (Prishtincs 2023).
6. Podvorica H., Podvorica F. dhe Haliti E., E. Drejta Noteriale (Trend 2018).
7. Preteni B. dhe Beshi A., Komentari i Ligjit per Noterine (Oda e Notercve tё Republikёs 8ё Kosovёs 2021).
8. Preteni B., `Recognition and enforcement of Kosovo Notarial Acts' (2013) Juridica.
9. Sadushaj M. dhe Saliaj E, Noteria (Pegi 2009).
10. Shaw G., `Notaries in England and Wales: Modernising a Profession Frozen in Time' (2000) 7(2) International Journal of the Legal Profession 141, doi:10.1080/09695950020053719.
11. Smith LG, `The Role of the Notary in Secure Electronic Commerce' (master thesis, Queensland University of Technology 2006).
12. Smithers WW, `History of the Franch Notarial system' (1911) 60(1) University of Pennsylvania Law Review 19.
Размещено на Allbest.ru
...Подобные документы
The differences between the legal norm and the state institutions. The necessity of overcoming of contradictions between the state and the law, analysis of the problems of state-legal phenomena. Protecting the interests and freedoms of social strata.
статья [18,7 K], добавлен 10.02.2015Characteristics of Applied Sciences Legal Linguistics and its main components as part of the business official Ukrainian language. Types of examination of texts and review specific terminology used in legal practice in interpreting legal documents.
реферат [17,1 K], добавлен 14.05.2011Determination of the notion of the legal territory of estimation. Sensor bases of information for legal estimating activity (estimation). Legal estimating abilities. Motivation of applied psychotechnics for legal estimating, and self-estimating.
реферат [19,3 K], добавлен 13.02.2015Concept of development basic law. Protection of freedom through the implementation of the principle of subsidiarity. Analysis of the humanitarian aspects of the legal status of a person. Systematic review of articles of the constitution of Russia.
реферат [21,2 K], добавлен 14.02.2015Constitutionalism as political and legal theory and practice of development of the constitutional democratic state and civil society. Principles of modern constitutional system of board. Role of society in the course of formation of municipal authority.
реферат [18,5 K], добавлен 07.01.2015The steady legal connection of the person with the state, expressing in aggregate of legal rights and duties. The Maastricht Treaty of 1992. Establishment of the European Economic Community. Increase of the number of rights given to the citizens.
реферат [22,5 K], добавлен 13.02.2015History of infantilism. Formation of the civil society and development of the lawful state. About the new constitution of Serbia. Introduction of obligatory examination for all state and municipal officials of knowledge of Constitution of the Russia.
контрольная работа [20,1 K], добавлен 10.02.2015Problems of sovereignty in modern political life of the world. Main sides of the conflict. National and cultural environment of secessional conflicts. Mutual relations of the church and the state. The law of the Pridnestrovskaia Moldavskaia Respublika.
реферат [20,1 K], добавлен 10.02.2015The official announcement of a state of emergency in the country. Legal measures that State Party may begin to reduce some of its obligations under the International Covenant on Civil and Political Rights. Ensure public order in emergency situations.
реферат [19,2 K], добавлен 08.10.2012The foundations of the constitutional system of the Russian Federation. The civil society as the embodiment of balance of private and public interests. Legal and functional character of the civil society. Institutional structure of constitutional system.
реферат [19,5 K], добавлен 07.01.2015The concept and characteristics of the transaction. System of the rules operating social relations in the field of civil movement. Classification of transactions of various types. The validity of the transaction is recognized for it as a legal fact.
реферат [19,5 K], добавлен 24.03.2009The concept and features of the state as a subject of international law. The sovereignty as the basis of the rights and duties of the state. Basic rights and obligations of the state. The international legal responsibility of states. Full list of rights.
курсовая работа [30,1 K], добавлен 17.05.2016Prerequisites of formation and legalization of absolutism. The social structure: documents; classes and ranks; state apparatus. The military and judicial reforms of Peter I. Development of the law during of absolute monarchy: decrees; civil, family law.
контрольная работа [26,5 K], добавлен 14.08.2011In world practice constitutional control is actually a develop institute with nearly bicentennial history. In this or that form it is presented and successfully functions in the majority of democratic states. Constitutionally legal liability in Russia.
реферат [51,3 K], добавлен 10.02.2015Degradation of environment in cities has brought to destruction of ecosystems and its inconvertible nature. At characteristics of the occupied (housing) lands in the city as important condition of formation of favorable ambience of environment for people.
статья [20,4 K], добавлен 10.02.2015The characteristics and structure of constitutional law of Ukraine, factors affecting its formation and development, the current trend. Reform and the direction of change of the legal branch of the state. Principles of functioning of constitutional law.
реферат [40,5 K], добавлен 13.02.2015Concept of the constitutional justice in the postsoviet Russia. Execution of decisions of the Constitutional Court. Organizational structure of the constitutional justice. Institute of the constitutional justice in political-legal system of Russia.
реферат [23,9 K], добавлен 10.02.2015The role of constitutional principles in the mechanism of constitutional and legal regulation. Features of transformation in the interpretation principles. Relativism in the system of law. Local fundamental justice in the mechanism of the state.
реферат [24,7 K], добавлен 10.02.2015The government possesses monopoly for legal use of means of compulsion and formally plays a role of the arbitrator in distribution of the blessings. What general principles govern the origins and organizations of the community?
реферат [9,4 K], добавлен 12.10.2004The nature and justification of fundamental legal changes in modern society due to the globalization of cultures and civilizations. Directions and features of Ukrainian law, the requirements for the cost of litigation and particularly its improvement.
реферат [18,4 K], добавлен 14.02.2015
