Auswahl der wissenschaftlichen Literatur zum Thema „Notarial self-government“

The study examines the peculiarities of taxation for urban population in the South of Ukraine in 1870–1917s, within the administrative and territorial structure. The introduction of the basic materials starts with the implementation of the City reform in 1870 in the Southern Ukrainian towns which determined main principles of decentralized self-government. Main attention of the paper is paid to the special and additional taxes for urban population, because they were not a subject of special researches on urban topics, but still they had an impact on a city community and activities of town self-government structures. 16 taxes from the list of all the taxes paid by urban population were compulsory and 20 taxes were referred to special ones making approximately a half of the budget of each town in total. The most important special and additional taxes for urban population were the following: charges for trade and industrial documents and patents; for tavern business; special taxes for entrepreneurs; for all merchant and industrial certificates and cards on trade and industrial objects; for different patents on factories producing beverages and spirit or wine products; charges for certificates in justice courts; taxes on horses; notarial charge; customs charges and taxes on civil procedures; charges for auction sales of movable property; half-kopeck charges; anchor charges; taxes on entertainments; taxes on the theatre and others. Finally, the paper draws conclusions about the peculiarities of taxation of urban population in the South of Ukraine in the 1870–1917s. It presents calculations showing that additional and special taxes for urban population made it possible for local budgets to make almost half of their profits. The study makes proposals on further research on a similar topic.

Abstract           The Government of the Republic of Indonesia in its efforts to improve the performance of a notary in Indonesia, reflected by the enactment of Law Notary No. 30 of 2004 on October 6, 2004 in exchange for Notary Regulation colonial products, and then because of the changing times and the needs of law that have not been accommodated, so that the necessary adjustment, some chapters of UUJN Number 30 Year 2004, then the enactment of Indonesian Republic Laws Number 2 Year 2014 concerning Notary (hereinafter referred UUJN), and entered into force on January 15th, 2014, wherein the arrangement also supervise the performance of the notary who made the Minister of Law and Human Rights R.I, in this case implementation oversight is monitoring by the the Supervisory Council of the Association of Notaries Indonesia, overall it is the device legislation to regulate and supervise the performance of Notary in Indonesia,           Notary is a public official should have several characteristics inherent in their duties, among others: responsibility, discipline, quality of work, morality and code of professional conduct, skills also his duty in this case related to "apprenticeship" which is one of the requirements absolute to be appointed as a Notary. Notaries are figures of human resources which runs most of the state administration in the field of civil law, so that if a country is not supported by the resources of qualified notary, then it will be one of the factors inhibiting the development of the national economy or global economic.           Law Notary Public service users, consider the deeds of Notary trust worthy and can serve as strong evidence in case of a legal dispute in court and expects to provide legal certainty guarantee for the correctness of the contents of the deed he had done, because the notary service users assume that notary much more to understand and master the field of science, so that people feel safe if desired intent will be poured right into authentic deed that made by notary who self-selected by themselves, because of the belief in the quality of science and performance.     However, there was found the case against the notary deed material legally flawed, because it is less understood material Franchise Agreement are regulated by Government Regulation Number 42 Year 2007. Therefore, the Notary has been sued under section 372 KUH Pidana KUH Perdata dan 1365. by franchise’s owner, because they feel aggrieved, then through court Surabaya with number lawsuit: 475/ PDT.G/2014/ PN.Sby dated June 10, 2014. In which case the author at present as an expert witness.           With the government's readiness to regulate and advance the performance of Notary through UUJN and implementation supervision conducted by the Supervisory Council in this case Indonesian Notaries Association (INI), aims and expected to provide improved quality of work and minimize mistakes that made by Notary, but how effectively setting U.U.J.N and Notary code of Ethics also supervision by the Board of Trustees to the quality performance of notaries? From the research, the authors obtain the evidence is less satisfactory to the performance of the Notary and concluded a few things short comings as follows:1.     Notary performance that served to open the office with work experience under 5 (five) years, is still far from satisfactory service users in certain authentic deed;2.     A number of respondent who have been contected by the auther, more then 50% less than satisfactory performance of the new Notary,even it’s harmful if used;3.     Internship for prospective notary can be seen from (2) opinions: the first for a notary public employees who have worked at the notary's office for many years of apprenticeship provisions, arrangement (2) year internship is not a problem. But for pure student graduates Master Notary that the field work everyday with a different scope of notary’s work,for example it as housewives or as employees, according the authors, that’s less enough experience and still far of good performance. Keywords: Law Notary (UUJN), Notary Code of Ethics, Performance Notary. AbstrakPemerintah Republik Indonesia dalam upayanya meningkatkan kinerja notaris di Indonesia, tercermin dengan diundangkannya Undang-Undang Jabatan Notaris (UUJN) Nomor 30 Tahun 2004 pada tanggal 06 Oktober 2004 sebagai ganti Peraturan Jabatan Notaris produk peninggalan kolonial dan kemudian karena perkembangan zaman dan kebutuhan hukum yang belum tertampung, sehingga perlu penyesuaian. Beberapa pasal UUJN Nomor 30 Tahun 2004 tersebut, kemudian diundangkannya UU Nomor 2 Tahun 2014 tentang Jabatan Notaris (selanjutnya disebut U.U.J.N), dan mulai diberlakukan sejak tanggal 15 Januari 2014, yang di dalamnya tercakup pula pengaturan pengawasan terhadap kinerja notaris yang dilakukan oleh Menteri Hukum dan HAM R.I dalam hal ini pelaksanaan pengawasannya dibantu oleh Majelis Pengawas Notaris yaitu Ikatan Notaris Indonesia, keseluruhan itu merupakan upaya pemerintah menyiapkan perangkat undang-undang untuk mengatur dan mengawasi kinerja notaris di Indonesia,   Notaris adalah pejabat umum yang seharusnya melekat beberapa karakteristik dalam menjalankan tugasnya, antara lain: tanggung jawab, disiplin, mutu kerja, moralitas dan kode etka profesi, juga ketrampilan menjalankan tugas jabatannya yang dalam hal ini berkaitan dengan “magang kerja” yang merupakan salah satu syarat mutlak untuk diangkat sebagai notaris. Notaris adalah figur-figur sumber daya manusia yang menjalankan sebagian administrasi negara dalam bidang hukum keperdataan, sehingga apabila suatu negara tidak didukung sumber daya notaris yang berkualitas, maka akan menjadi salah satu faktor penghambat perkembangan ekonomi nasional maupun era global.Masyarakat pengguna jasa hukum notaris, menganggap akta-akta yang dibuat di hadapan notaris dapat dipercaya dan dapat dijadikan sebagai alat bukti yang kuat apabila terjadi sengketa hukum di pengadilan dan mengharapkan akan memberikan jaminan kepastian hukum atas kebenaran isi akta yang dibuatnya, karena masyarakat pengguna jasa notaris menganggap notaris jauh lebih mengerti dan menguasai bidang ilmunya, sehingga masyarakat merasa aman jika maksud yang dikehendaki akan dituangkan dengan benar ke dalam akta otentik yang dibuat notaris yang dipilih sendiri, karena kepercayaan akan kualitas ilmu dan kinerjanya.Namun demikian masih dijumpai kasus gugatan terhadap akta notaris yang materi aktanya cacat hukum, karena dalam kasus ini kurang dipahaminya materi Perjanjian Waralaba (Franchise) yang diatur oleh Peraturan Pemeritah Nomor 42 Tahun 2007. Sehingga Notaris tersebut digugat berdasarkan pasal 1365 KUHPerdata dan 372 KUH Pidana oleh pemilik franchise karena merasa dirugikan, melalui P.N Surabaya dengan No.Gugatan 475/PDT.G/ 2014/ PN.Sby.Tanggal 10 Juni 2014, dimana penulis di hadirkan sebagai saksi ahli.           Dengan kesiapan pemerintah untuk mengatur dan memajukan kinerja notaris melalui U.U.J.N serta pelaksanaan pengawasannya yang dilakukan oleh Majelis Pengawas, seberapa efektif pengaturan UUJN dan Kode Etik Notaris terahadap kualitas kinerja notaris? Dari hasil penelitian penulis menyimpulkan beberapa hal kekurangannya :     Kinerja notaris yang bertugas membuka kantor dengan pengalaman kerja di bawah 5 (lima) tahun, masih jauh dari memuaskan pengguna jasa dalam pembuatan akta otentik tertentu;Dari responden yang penulis hubungi, lebih dari 50 % kinerja notaris baru kurang memuaskan, bahkan merugikan jika dipergunakan;Magang bagi calon notaris tidak berfungsi maksimal.Kata kunci: Undang-Undang Jabatan Notaris (UUJN), Kode Etik Notaris, Kinerja Notaris.

The purpose of this research is to find the influences of the development on technology information and communication on the administrative and the material (substantive) aspect to a notary, wherein this research normative legal methodology is conducted with the results as follow there is a positive administrative influence of technology information and communication such as the use of e-government in the communication of notary or candidate of a notary with government and the increased office effectiveness. However, there is also a negative influence such as the ease of publication and self-promotion; thus, the Indonesia Notary Association need to always give direction through a regular meeting. The impact of technology information and communication on the administrative aspect is that it could result on clash between the Law of Notary with other law that already regulate the utilization of technology information and communication where from the theory point of view, the concept of lex specialis derogat legi generali can be used while from the practical perspective, it is preferable to have memorandum of understanding between the Indonesian Notary Association with the Indonesian Nasional Police (Polri).

<p>The origins of the modern Polish system of notaries date back to the period of the Polish Second Republic. At the end of World War I, the institution of notaries in Polish lands was heterogeneous. There were three separate notary organizations, which regulated differently the systemic position, tasks and functions of the notary. The rebirth of the Polish State brought the issue of unification of the system of notaries. Works on this ground-breaking task took place for several years and ended with the creation of the Law on Notaries of 27 October 1933. The article is intended to precisely determine the systemic position of the notary under the first Polish Law on Notaries. Article 1 of the Regulation defined notary as a public functionary appointed to draw up acts and documents to which the parties were obliged or wanted to give the public attestation and to carry out other acts as entrusted to him by law. Attempts to define the concept of a public official revealed numerous terminological problems and generated the need to conduct research on the issue of the notary’s position both in terms of scholarly reflection and dogmatic terms. In order to determine the systemic position of the notary, the article presents a detailed analysis of the term “public functionary” used in Article 1 of the Law on Notaries, views of the most eminent representatives of legal science in Poland on this subject and the scope of activities of the notary. The doubts and terminological difficulties identified in the course of these activities led to a deeper analysis of the provisions of Section I of the Law on Notaries, entitled “System of Notaries” (provisions of Chapters I–III) and of the case law. However, the attempt undertaken in the article to clearly define the position of the notary under the first Polish Law on Notaries did not bring a fully satisfactory result. The analysis of the position of the notary in the light of the Law on Notaries of 1933 indicates that there are serious difficulties in defining it precisely, both among the scholars in the field and the judicature. To fully define it, a closer analysis of the provisions of the Law on Notaries concerning the supervision of notaries, disciplinary and compensation liability of notaries, the professional self-government of notaries and the rules of preparation for the profession of notary was necessary. These issues have a significant impact on the final shape of the notary’s position within the legal system. Due to editorial limitations, these issues will be addressed in the second part of this article, along with final conclusions.</p>

Society, the state, and the law – these are the three interrelated interacting institutions. From the society comes the initiative for the foundation of the state. The society may be strongly motivated in this process or it may follow the dream of independence intuitively. The state then creates the legal system for organization of the society and the existence of the state. Active representatives of the society who participate in the foundation, formation and strengthening of the state make an integral part of this process. These are representatives of different occupations – clergymen, writers, cultural figures, lawyers, etc. The aim of this research is to study the contribution of the lawyers of Latgale to the foundation of the Republic of Latvia and its development until 1940. Literature that covers three fields has been used in the research. First of all, this is the literature on the most important historical facts of Latvia and Latgale about the period of the First Free Republic of Latvia, finding the most active people who participated in these events. Secondly, literature about the 1917 Latgale Congress is analysed in the study, considering its significance in the foundation of the State and summarising its participants. Thirdly, literature about lives of these participants was studied, analysing their origin, relation to legal education and assessing the contribution of the representatives of Latgale justice system to the foundation and development of the State until 1940. The following research methods are used in the study: analytical, historical and systemic methods. The National Awakening of Latgale is traditionally associated with the period from 1904 until 1917, that is, from the lifting of the printing ban until Latgale Congress in Rēzekne on May 9 and 10, 1917. However, the supported opinion that the Awakening of Latgale has been already initiated between the 60s and the 80s of the 19th century is expressed more and more convincingly. In this period considerable activities of the Latgalian spirit are felt that led to freedom from the status of the Inflanty of the Vitebsk Governorate and to acquiring the name of Latgale. Thus, two representatives of the Latgale system of justice are to be mentioned in this period – Gustavs Manteifelis and Pīters Miglinīks. The lawyers of Latgale made a significant contribution to the foundation and formation of the Republic of Latvia. At the 1917 Latgale Congress, the Provisional Land Council of Latgale was formed that together with the Provisional Land Councils of Vidzeme and Courland worked in the Latvian Provisional National Council, promoting the foundation of the Republic of Latvia. The lawyers of Latgale also participated in this congress and were elected to the Provisional Land Council of Latgale (for example, Jānis Grišāns, Antons Laizāns, Pāvils Laizāns, Juris Pabērzs), as well as worked in the government of the Republic of Latvia – holding high official positions (for example, J. Pabērzs (Minister of Justice, Minister of Social Welfare), Pauls Mincs (Minister of Labour), Antons Rancāns (Minister of Transportation)), and achieving notable success in their professional activities (for example, A. Laizāns, J. Grišāns, Broņislavs Trubiņš, etc.), thus strengthening the Republic of Latvia. Despite the limited financial, social and other opportunities of the people of Latgale at the time, a relatively large number (12 people) of legal representatives made a significant contribution to the foundation of the State. The lawyers of Latgale generally came from farmers’ families; this fact only testifies to their fighting spirit. Access to legal education was relatively difficult because the nearest educational institutions that offered it were the University of Saint Petersburg, the University of Moscow and the University of Tartu. And only at the end of the period under study, such education was offered at the University of Latvia. Still, the representatives of Latgale obtained academic legal education, even at the Master’s degree level. In one exceptional case, legal skills were self-taught (P. Miglinīks), besides, to an excellent level. This is confirmed by the achievements of this lawyer of Latgale in practical activity and the contribution to the formation of the State. The origins of Latgale lawyers of the period under study covered practically the whole of Latgale, because their places of birth were in the districts of Rēzekne, Daugavpils, and Ludza. Even though some of them left for work in Rīga, some of them stayed in Latgale; still, regardless of the place of residence, the connection with Latgale was not lost, but contribution to the formation of the state was made. The activity of the lawyers of Latgale in the period under study was diverse in its content, wide in its range, and directed at a common aim. Firstly, through their professional activity they provided legal services, being, for example, lawyers, notaries, legal advisors; as well as provided legal aid to society, for instance, translating the Russian law into the Latgalian language, representing in court pro bono. Secondly, the lawyers of Latgale held high official positions, for example, there were three ministers among them, as well as members of parliament, state controllers, and judges. Thirdly, they also actively performed public activity, for example, joining societies (including professional societies), participating in publication of newspapers and other printed matter, being writers, poets, and songwriters. The activity of the lawyers of Latgale covered not only the national scale of Latvia, but high achievements were made at the international level both in social (G. Manteifelis) and professional (P. Mincs) activity. Furthermore, they worked as jurists, for example, P. Mincs, whose work was published again in the modern times. The work of all lawyers of Latgale was directed at a common aim – state under the rule of law – by promoting its foundation and strengthening the newly formed State. The significant contribution of the lawyers of Latgale to the interest of the State is also confirmed by the high awards received. Firstly, for the contribution to the benefit of the Republic of Latvia, national awards were received, such as the Order of the Three Stars, The Cross of Recognition, Lāčplēsis Military Order, and the Cross of Merit of Aizsargi. Secondly, for achievements on the international level, high awards of other states were received such as the Hungarian Order of Merit, the Russian Cross of Saint George, the Order of the Lithuanian Grand Duke Gediminas, an honorary diploma of the Leipzig museum, thus with honour representing the name of Latvia abroad. The contribution of the lawyers of Latgale is significant – in the implementation of the National Awakening of Latgale, in the foundation of the Republic of Latvia, in the development and strengthening of the Republic of Latvia. These historical events significant to the Republic of Latvia occurred with active involvement of the lawyers of Latgale and their important contribution.

Supervision in notarial self-government Abstract The diploma thesis deals with the topic of supervision in notary self-government. The aim of this work is to develop a comprehensive overview of supervision, its types and course in the notarial state. This overview also includes the sanction phase of supervision, in which corrective measures for identified errors are examined. In addition, the work aims to examine the functionality of the current form of supervision, draw attention to its shortcomings and outline possible solutions. All this on the basis of available literature, professional articles, legal regulations and especially the case law of higher courts. This work is divided into six chapters, which logically follow each other. The introductory chapter, which deals with the institute of self-government, is focused mainly on the self-government of professional, public corporations and professional chambers for a better anchoring of the institute of supervision in notarial self-government. The second chapter deals with the notary self-government, its internal division, methods of management and functioning. The development of the notarial state is briefly described here. This chapter serves to understand the hierarchy within this self-government, which is necessary for the examination of notarial...