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HISTORY OF NOTARY IN AZERBAIJAN (NINЕTEENTH AND EARLY TWENTIETH CENTURY)

1 Z. MAMMADOV

1 Institute of Science History of the National Academy of Sciences of Azerbaijan

Nauka naukozn. 2018, 3(101): 105-117

https://doi.org/10.15407/sofs2018.03.105

Section: Science and Technology History

Language: Russian

Abstract: The article’s objective is to study the history of notary in Azerbaijan in 19 century — early 20 century, covering two periods: incorporation of Azerbaijan in The Russian Empire and the Azerbaijan Democratic Republic.

It is shown that when Azerbaijan was incorporated in the Russian Empire, legal norms pertaining to notary were gradually set in conformity with the Russian Law. The notary was reformed as part of the judicial reform of 1864. The private notary’s office was first opened in Baku in 1868 by Christopher Ilyich Kanonov, in Yelizavetpol by Yefim Dmitrievich Fedorov and in Shusha by Yakov Karamanovich Shakhnazarov. Since that time in Azerbaijan a new era of notarial development has begun, marked by the beginning of activities of private notaries along with the activities of state notaries.

Property relations and socio-economic issues occupied an important place in the legislation of the Azerbaijan Democratic Republic. There were state, private, municipal and collective forms of ownership.

The legislation also defined specific rules for obtaining title to a number of types of property, mainly on property related to oil industries and enterprises, as well as shipping. After obtaining a special permit, it was provided for the acquisition of ownership of the said types of property.

In order to have the independence of the judiciary preserved, if a crime is found in the actions of officials working in the courts (judges, prosecutors, judicial investigators and senior notaries), the initiation of a criminal case against them and the transfer of these persons to court should be carried out with decisions of the Cabinet of Ministers. For the commission of malfeasance on June 16, 1919 a criminal case was instituted against the senior notary of the Baku District Court of Gubarzhevsky and his assistant Bakradze.

Until April 28, 1920, before the announcement of the Azerbaijan Soviet Socialist Republic, the notary system of Azerbaijan did not differ from the notarial systems of other countries. Documents certified by Azerbaijani notaries were accepted elsewhere.

From 28 May 1918 to 28 April 1920, in time of the Azerbaijan Democratic Republic, notarial acts certified by notaries before May 28, 1918 retained their legal force, continued during the same period as notaries’ offices, which consisted in courts, and private notaries, who acted before.

After the April events of 1920, the legal status of the notary in Azerbaijan changed radically: the activities of private notaries were suspended.

Keywords: notary, notarial actions, notarial act, district court, village court, Azerbaijan Democratic Republic.

References

  1. The Central State Historical Archive of the Azerbaijan Republic, form 171, register 1, case 2, sheets 1—21 [in Azeri].
  2. The Central State Historical Archive of the Azerbaijan Republic, form 171, register 1, case 6, sheets 1—6 [in Azeri].
  3. The Central State Historical Archive of the Azerbaijan Republic, form 171, register 1, case 3, sheets 1—18 [in Azeri].
  4. The Central State Historical Archive of the Azerbaijan Republic, form 165, register 1, case 504, sheets 1—20 [in Azeri].
  5. The Central State Historical Archive of the Azerbaijan Republic, form 165, register 1, case 36, sheets 1—159 [in Azeri].
  6. Pletnev, М.Yu. (2006). Notary. Moscow: Eksamen, 254 [in Russian].
  7. The Central State historical Archive of the Azerbaijan Republic, form 451, register 1, case 55, sheets 1—44 [in Azeri].
  8. The Central State Historical Archive of the Azerbaijan Republic, form 190, register 2, case 2, sheets1–2 [in Azeri].
  9. The Central State Historical Archive of the Azerbaijan Republic, form 186, register 2, case 1, sheets 1—32 [in Azeri].
  10. The Central State Historical Archive of the Azerbaijan Republic, form 552, register 1, case 25, sheets 1—4 [in Azeri].
  11. The Central State Historical Archive of the Azerbaijan Republic, form 451, register 1, case 366, sheets 1—71 [in Azeri].
  12. The Central State Historical Archive of the Azerbaijan Republic, form 2787, register 1, case 1169, sheets 1—18 [in Azeri].

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