The lawyer spoke about the benefits of mandatory video recording of notarial actions

The mandatory video recording of notarial actions proposed in the State Duma will apply to all real estate transactions that are legally classified as notarized. We are talking about purchase and sale, donation, exchange, rent, mortgage, share transactions and other comparable transactions. Gulnara Kurbanova, head of Land Law projects at Sokolov, Trusov and Partners Law Firm, provided such an explanation in an interview with Izvestia on February 5.

Concrete deal: notaries proposed to make the sale of housing irreversible

The initiative appeared against the background of the return of apartments to defrauded sellers

"In fact, the bill translates the practice that has existed since 2015 in a voluntary format into mandatory for real estate transactions," she says.

The initiative does not violate the right to privacy, since the notary acts within the framework of a public function, and the information obtained during the commission of a notarial act is protected by a regime of notarial secrecy, clarifies the interlocutor of the editorial office.

"The video recording falls under this regime and does not imply free access. The use of such materials is possible only in cases strictly prescribed by law, which minimizes the risks of interference with privacy," the lawyer emphasizes.

Such a video recording can be used in court as evidence in those disputes where it is necessary to establish the circumstances of the transaction, and not be limited to analyzing signed documents. It is especially important when considering cases of challenging transactions on the grounds of delusion, deception, violence or threat, as well as in situations where the court needs to assess the ability of a person at the time of the transaction to understand the significance of their actions or to direct them.

A legally significant video recording should record not the formal signing ritual, but the process of forming the will of the parties, Kurbanova is convinced. The frame should show how the notary establishes the identity of the parties to the transaction, verifies their legal capacity and the powers of their representatives, and consistently explains the legal nature of the transaction and its consequences.

"It is essential to record the announcement of the text of the agreement, the questions of the parties and the clarifications they received. It is this completeness of the recording that allows us to confirm that the decision was made consciously, without pressure and with an understanding of all legal consequences," the expert explains.

For more information about the benefits of mandatory video notarization of real estate transactions, see the Izvestia article:

The objective of justice: how will the law on video recording of notarial actions help Russians?

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