FACILITATION OF THE JUDICIARY IN THE REPUBLIC OF NORTH NACEDONIA BY APPLYING THE NOTARY SERVICE

Abstract

With the independence of the Republic of North Macedonia from 1991, the need was felt for the legal circulation of goods and services. In order to facilitate legal transactions due to their multiplicity, in 1996, for the first time, we brought the corresponding law for notaries. They operate within various branches based on law.
The public power was entrusted to him from November I of 1997, and in 1998 we have the first notaries. One of the reasons for introducing notaries is to make the courts easier. This process of non-judgment in European countries is not recent. As early as September 16, 1986, the Committee of Ministers of the Council of Europe adopted the Recommendation on measures to prevent and reduce court overcrowding in order to relieve the courts of cases that do not fall within the typical judicial function. The transfer of some powers from the courts to bodies outside the judicial system for non-contentious matters is an effective means of their relief. The legal basis for the action of notaries as court commissioners is found in the Law on Notaries, which provides that the court may entrust the notary with duties defined by special laws.
With the establishment of the notary as a separate public service, a part of the work of judicial jurisdiction related to the preparation of documents, receiving statements of the minutes, verification of copies, signatures, etc., have passed to the jurisdiction of the notary public, which is based on the field of basic courts. This provides a relief to the courts from these non-contentious cases.
A notary can be described as a public law officer whose duty it is to draw, authenticate, or certify under his/her seal official documents and other documents, including wills or other testamentary documents, conveyances of personal real estate, and authorizations; certify such documents under his official signature and seal in such manner as to render them admissible, as evidence of the matters certified by him, to the judicial or other public authorities in the place where they are to be used, either by issuing a notarial certificate for the proper execution of such documents or issuing them in the form of public instruments; keep a record containing the originals of all instruments he makes in public form and issue authentic copies of such instruments; to administer oaths and declarations for use in proceedings.