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§ 3. New approaches to protection of the property rights: change of a role of a notariate

Volume of powers of the senior notaries as new institute of the Russian right

According to Position item 154 on the senior notary

It is assigned:

1) zavedyvanie notarial archive;

2) delivery of extracts from registers stored in this archive, copies from notarial acts and the documents attached to them, and also returning of a different sort of the documents transferred in archive on storage;

167 Gurljand J.Notarialnoe position in questions and answers. With. 41.

3) the statement of certificates about the real estate which is in that judicial circuit in which the notarial archive operates, and is equal conducting serf books, registers of serf affairs and indexes.

Duties of the senior notary on zavedyvaniju notarial archive consist in supervision over safety and the maintenance as books being in it, affairs and documents.

Extracts and copies the specified persons are constituted and stand out by the same rules, as well as notaries.

Notariate in sphere of property rights: the statement of certificates about real estate

According to the Code of laws of 1857 certificates about a property right concession

And about different sorts of restrictions of this right, for example pledges, imposing of certain interdictions etc., were carried out by corresponding persons not individually, and is joint, in particular, forums took part in it. Judicial supervision was necessary, according to the legislator, for following reasons:

1) the notarial order because of simplicity of procedure promotes any speed of transactions, but the similar speed necessary first of all for a monetary turn, is not caused by necessity at fulfilment of transactions with the real estate. It is necessary, that transition of the property right to such property has been caused by more difficult procedure of registration of the certificate and under strict supervision;

2) «initially, at that staff of a notariate in what it is possible at us now, hardly probable it is allowed to expect from notaries of quite correct conducting so an important issue, what strengthening nedvizhimostej. Absence of capitals at those persons who would want to hold this post, does not permit to demand from them pledges, sufficient for a protection from a damage both private people, and the government. Behind an exception unless capitals, hardly probable who in district cities and even in bolshej

To part provincial, owning 10th or 15th thousand capital, will pawn it from 4 or 5 percent to be content with insignificant benefits on a post of the notary when the same capital in all other enterprises will bring to it much more benefits »168;

3) fulfilment of certificates by one notary is impossible also because

They concern not only the persons making such transactions, but also others, whose rights can be mentioned including in connection with judgement presence, for example about pledge, etc. Such decisions under the current legislation can be cancellations also only judicially;

4) wishing to get real estate or to give pledge under it should know authentically, whether the seller or the person pawning property has, the right to have it, is not sold it to someone to another, is not under pledge or under an interdiction. Data on it are more expedient for concentrating in forums, instead of at notaries;

5) at fulfilment of some transactions with the real estate often there are difficult legal questions which demand careful and all-round consideration and the analysis that is possible only in the forums having judges with the juridical education;

6) to store certificates about transactions with the real estate expediently in forums, in bolshej to a measure, than the notaries, capable to provide their full сохранность169.

168 Judicial certificates on November, 20th, 1864. With. 339–340.

169 Foreign experience also testified in favour of joint character of registration of transactions with the real estate. In many foreign countries proceedings

Under the statement of certificates about the real estate it is assigned to forums or on their special branches. «And if in France such certificates are made, or at least recently were still made, is exclusive and definitive notaries however the states which have accepted the code of the French civil laws, have not accepted an order of strengthening existing in it nedvizhimostej. As the proof that is served by laws: badensky 1809, Tuscan 1836 and the Netherlands 1837 on which certificates about immovable imushchestvah should be approved forums. At last, and in the France under the law on March, 23rd and 26, 1835 for the validity got on the real estate it is right it is necessary to bring certificates about this in hypothecary books of that place, where property naho - ditsja. It is investigatory, and the French legislation, nesmotrja on a century being - vanie notaries in this country, neither on experience and their knowledge, nor on considerable zalo -

At the same time the full transfer of function of drawing up of considered certificates to forums could lead to an unsoluble situation in case of dispute on the transaction validity. The court lost possibility to be impartial. In vjazi with it the legislator tended to thought on that the transaction was made out by the notary, and approved – the forum. It is thus important, that «strengthening was made only in that forum to which podvedoma the real estate in a place of its finding that the certificate could not enter perfect force to its statement, and that, in case of the statement its inadequate place, it was considered void» 170.

At observance of the specified rules is reached that all data

About object of the real estate, transactions necessary for fulfilment, concentrate in one place and in the necessary completeness excluding possibility of a manipulation by them. The possibility of timely acquaintance of corresponding persons with all documents concerning the concrete transaction is directed achievement of the given purpose also. It probably to make one of two ways. First, by experience of Poland all documents, concerning each separate real estate to store in one place, thus for convenience it is necessary to provide conducting their register. However such approach has an essential lack: despite seeming simplicity, the big material inputs demand enough. Secondly, it is possible to borrow the German experience. There serf certificates for each district and a city gather separately, are systematised in a chronological order. As a matter of fact, such meeting of certificates represents land records. «Introduction of land records and

gi, serving by maintenance of correctness of their actions, does not recognise however certificates made by them quite sufficient for strengthening of real rights on the real estate »(Destinies - nye certificates on November, 20th, 1864. With. 340).

170 Judicial certificates on November, 20th, 1864. With. 341.

Registers belonging to them there is that purpose to which achievement should aspire »171.

The designated purpose put two questions before reformers of a notariate: 1) it is necessary to assign conducting the specified books and registers to what forums? 2) how to realise this idea?

The specified problems were offered to be solved as follows. In - the first, serf affairs to charge to district court; to limit a circle of objects of the real estate, transactions on which to carry to conducting forums. Secondly, the beginning of realisation of idea to connect with transformation of forums.

In the conclusion of the commission on this question it was marked: «Recognizing in general it is necessary to recognise advantage of land records and registers together with that that now introduction would be premature, in particular in an impossibility kind to define forward with reliability, in what measure founded again senior notaries would appear, especially initially, really capable to execute well difficult and at all hard duties on drawing up and conducting registers of properties» 172.

Under the project of position of 1863 concerning the competence of notaries

Under transactions with the real estate other offers have been formulated also. So, was considered as the expedient:

1) to keep existing rule about possibility definitively to make the certificate and not on the manor location;

2) for real branch of a notarial part from judicial and simplification of fulfilment of transactions on small manors to resolve serf certificates for the sum to 500 rbl. to approve a member of world congress, and over this sum – one of members of district court;

171 Judicial certificates on November, 20th, 1864. With. 342.

172 In the same place.

3) not entering land registers to keep the rules fixed in the Code of laws of 1857 according to which for fulfilment of considered transactions the inquiry with «prohibitive books» 173 is required only.

In the literature other interpretation of a role of court in the statement of certificates on real estate is given also. So, N.I.Barkovsky writes: « In system t. X ch. 1 izd. It is not spent at all borders between fulfilment and the certificate statement on real estate 1857. About the statement of such certificate in t. X ch. 1 anywhere it is not mentioned at all. The certificate made already by the parties, but only the draught project of the certificate assumed by them to fulfilment affirms court presence not. Otherwise, the court does not approve the certificate, and gives only the permission on its fulfilment according to the project presented to it. This action of court – on the one hand, and set of all subsequent formalities on certificate fulfilment – with another, separately taken, have in itself no independent value, but merge in one inseparable ceremony of fulfilment of the certificate the serf order, covering itself all transaction. The formal agreement of the parties for the first time expressed only in their mutual signature under the certificate, written down already in serf books, constitutes as though last link in this ceremony, coinciding with action of the certificate directly following it, which

The serf ceremony »174 consists.

About a notarial part the norm was included into Position in the edition which are distinct from projects 1863 and 1866 Article 157 of Position says:

«Notarial acts by which the rights to real estate are established, address, chrez the statement their senior notary of that judicial circuit where the property is, in certificates serfs». Thus, the specified transactions concerned to notarial, their statement was entrusted to the senior notaries, the restrictive condition was entered:

173 Judicial certificates on November, 20th, 1864. With. 359.

174 Barkovsky N.I. About the jural significance of notarial acts//Magazine grazh - danskogo and criminal law. 1886. Kn. 1. January. With. 4.

The reference of certificates in the serf was possible only on the location immovable имущества175.

Powers of the senior notary included the statement of the following certificates establishing transition of the property right:

1) fortress bills of sale;

2) settlements;

3) "rjadnye" and separate records;

4) "separate" certificates on which the community property carries over one of «accomplices or it is divided between them in parts»;

5) world and all transactions in which force one of the parties concedes another the property right;

6) all certificates about "real estates" which under civil laws should be made in a serf order (Position item 158).

J.I.Gurljand otmechet: «the First and main lack of new notarial position consists in that long and multidifficult procedure by which fulfilment and the statement of certificates on immovable property are arranged.

Creating new notarial institute, the legislator meant, by means of this establishment, to reach the double purpose: in 1 to arrange on the strong bases registration of all certificates on the real estates to concentrate them in notarial archives, and in 2, to develop the private credit provided with the real estates (credit immobiliere). But owing to existing lacks of ceremonies of the notarial office-work, any of these purposes is not reached.

To prove visually, how much notarial position mismatches this basic idea of the legislator, it is necessary to remember

175 About it also see: Sale of an ideal share by the individual proprietor//But - tarialnyj vestnik. 1904. № 41; Smashing of domestic places//Notarial vest - nik. 1904. № 6; Akchurin S.Prodazha of the real estate of manors juvenile//Vestnik pra - va. 1915. № 11/12.

All process of fulfilment and the statement of certificates on immovable the property, entered by notarial position »176.

In connection with the powers of the senior notary specified above the Senate has been forced to explain sense and value of an extract from the certificate on the real estate, made at the notary, but yet not approved by the senior notary twice. First time it has specified, that according to Position item 96 about a notarial part in entering into the register the younger notary and delivery according to item 112 of the same Position of an extract from the certificate «the ceremony of fulfilment of a purchase deed of a fortress, as execution of ceremonies at the younger notary, concerning fulfilment of a purchase deed of a fortress, by rules notar yet does not terminate. polozh., is anything to others as preparatory action under the contract of sale and purchase and only with the statement onago the senior notary, the certificate addresses in the serf and from now on the bill of sale is considered a fortress … definitively made». In second time the Senate has noticed, that execution of all requisitions at the notary, including reception of an extract from the register, but to the statement its senior

The notary of any property rights not приобретается177.

The made explanations of the Senate in the literature have undergone to criticism. So, according to some scientists, these explanations the Senate has shaken bases of activity of notaries, has let know, that «weigh their work concerning fulfilment of certificates on immovable property, and the performance participating in certificates persons of all numerous ceremonies and formalities with whom the law so has diligently arranged notarial act fulfilment is equal also, do not give to counterparts any property rights, hence, and have for them no any essential value. From here it is obvious, that all system of serf certificates entered by new notarial position, all this dualism of division of the power between younger and senior notaries, do not bring any practical

176 Gurljand JA.I.staff and lacks of Russian notariate. With. 7.

177 Gurljand J.Notarialnoe position in questions and answers. With. 37.

Advantage also lead only to time expenditure, to manufacture of superfluous expenses and, in general, burdening of transactions of private persons about immovable imushchestvah. At system of fulfilment of the serf certificates existing nowadays, each certificate corresponds five times; the project, the register, vypis, the serf book and main vypis. From all this long pjatiaktnoj the notarial play only last two actions, i.e. zapisanie the certificate in the serf book and its rewriting on a stamped paper in the form of main vypisi also give to the certificate its appropriate force and value; first three actions played in

To office of the younger notary, are put by the Senate almost in anything »178.

The senate often enough addressed to arising problems in activity of the senior notary. For example, has explained, that if after fulfilment of a purchase deed of a fortress at the notary the seller has died, the senior notary has not the right to approve it to the consent of successors received in a statutory order, about the consent to property sale. To recognise such transaction not taken place it is impossible, as the sale fact had место179. In one of the decisions the Senate has specified: while the certificate is not approved by the senior notary, each of the parties has the right to refuse its fulfilment. Therefore having received the statement of the seller for unwillingness to sell

178 Gurljand J.Notarialnoe position in questions and answers. With. 37–38.

M.M.Neumann writes: «… artificial creation of two instances for fulfilment of certificates on the real estate should be considerably changed. Or, being applied to inostran - nym to notarial positions to give to notaries the right definitive sover - shenija certificates, at least and according to an order specified in the project notarial polozhe - nija, constituted by the Petersburg notaries, under the instruction of the Minister of Justice from the April, 19th, 1871, dispatched tsirkuljarno to chairmen of all district vessels. Or, for fulfilment of certificates on the real estate, other establishments should be created, but with definitive fulfilment is indispensable in one instance» (Neumann of Russian notariate//Notarial sbornik. 188. Vyp. 1. With. 9).

179 In this connection an explanation of the Senate of J.Gurljand notices: «Though the cassation Senate, in the resulted decision, has expressed only concerning bills of sale of fortresses and only in case of death of the seller, not having generalised this sight in relation to the rests krepost - nym to certificates of different names and categories, equally has not mentioned and that case if the purchaser of the rights to property has died, however, we believe, that the senior notary will arrive rather correctly if it applies this sight of the Senate and to other serf certificates and not only in case of death of the person alienating or limiting any pra - va on property, but in case of death of the person getting the rights» (Gurljand J.Notari-alnoe position in questions and answers.).

Property or the depositor about refusal of fulfilment the mortgage, senior notary has no right to approve the certificate even in that case, «if the seller or the depositor have received already money under the certificate and have charged reception vypisi to the counterpart, i.e. pokupshchiku or zalogoprinimatelju» 180.

Having generalised experience of application of Position about a notarial part, JA.I.

Gurljand has come to conclusion, that the institute of the senior notary should lose that value which is given it concerning serf certificates. He should observe only of notarial archive, lead serf registers and give out inquiries from prohibitive and allowing books. Nevertheless other duties assigned to it by Position, it is necessary to transfer нотариусам181.

According to Position item 159 it was entrusted to the senior notary

To approve certificates and to bring in the register of serf affairs of a mark about restrictions of the property rights on the real estate, consisting:

1) in encumbrance by pledge;

2) in a concession the proprietor in advantage «the by-stander or in favour of other real estate, the right of estate for life, using, the repayment of grounds of private participation (duties, easements …).

3) in prohibition to alienate property.

In Position it was specially reserved, that dogovory hiring of property or their transfer «in the maintenance could be made by house, notarial or serf order» by the rules stated in the civil legislation.

«Amicable fairy tales» 182 do not come under to the statement the senior notary made on the basis of the civil legislation. «Under these certificates, the real right on which is created without participation of the senior

180 Gurljand J.Notarialnoe position in questions and answers. With. 37.

181 Gurljand JA.I.staff and lacks of Russian notariate. With. 23.

182 Amicable fairy tale – a version of the agreement of lawsuit.

The notary, last marks in the register of serf affairs only taken place transition of the property right »183.

For the statement of a notarial act the extract from the register should be shown the senior notary of the judicial circuit on the property location in a year from the date of its fulfilment. The contract parties, under their commission one of notaries of a city in whom there is a notarial archive, or the attorney should make it. Thus the commission could be fixed on the extract. Transfer of the given documents it was by mail forbidden (item 162, 163 Positions).

At the extract statement the senior notary is obliged to make sure that: the civil legislation does not forbid fulfilment and the statement of the given certificate; the property specified in a shown extract really belongs to the party, its alienating or agreeing on property right restriction.

Pravitelstvujushchy the Senate recognised, that the senior notary at the statement of certificates on the real estate has not always the right to demand the court ruling about the statement of the successor, and should solve this question itself. The senate has thus noted the following: «At the statement of notarial acts by which the rights to real estate are established, the senior notary is obliged to make sure, that laws civil do not prohibit fulfilment and the statement of certificates and that the property meant to the statement vypisi from the register of the notary, really belongs to the party, its alienating or agreeing on property right restriction … For the certificate of an accessory of property to the party alienating this, senior notary is obliged to consult in serf, prohibitive and allowing books, and also in registers of serf affairs and in indexes to these books and registers, or to demand representation of other proofs on a property accessory agrees

183 Volman V. S. Livery in system of strengthening of the property right on the real estate. M, 1915. With. 8.

With rules, in laws civil established … On exact sense

… articles, for realisation of that purpose which has the law, obliging the senior notary to be convinced of a manor accessory on the property right to the person, its alienating, the cash of proofs suffices, under the law able to satisfy a property right accessory. When the accessory of property of the parties, alienating this, is proved by acquisition by right of succession, it is impossible to deny certainly, that there can be a need for definition of subjects by court of the rights of the successor on this or that property of the died estate-leaver. Such requirement can be presented, for example, at inheritance in lateral lines, when one part of the inheritance transition to a sort of the father, and another in a sort of mother... In similar cases the statement of successors should take place special, by each part of the inheritance. Nevertheless, undoubtedly also it is necessary to recognise, that the requirement, at any statement in a notarial order of the certificate, the establishing right to the real estate, representation to the senior notary of the court order in the rights of the inheritance is deprived the legislative basis … the Senior notary not should to evade from consideration of proofs of an accessory alienated property by right of succession. The problem of the notary in this case consists not in enacting the court order about someone's laws of succession on property, and in recognising, whether furnish the presented proofs of an accessory of a manor

To the owner, this alienating »184.

Some notaries believed, that in the absence of serf certificates the sufficient proof of an accessory of property to the person alienating or limiting the rights to the property, plans and mezhevye books can serve. The senate in the decision has specified: on exact sense of the law mezhevye documents: plans, mezhevye magazines, books, etc. – should serve as the unique and indisputable proof of the right

184 It is resulted on: Volman V. S. The decree. soch. With. 12.

Properties only in disputes «about space and manor borders». In the same cases when dispute goes about its accessory to the concrete person mezhevye certificates cannot be recognised those. «Hence, if mezhevye documents cannot serve as the proof of an accessory of the property rights in affairs disputable especially such documents cannot serve as the sufficient certificate in an accessory of the rights on immovable property to the senior notary to whom and values of certificates the law at all has not given the right of definition of force. Plans and mezhevye books can serve as the corroborating evidence and at the statement of serf certificates, but only in that case when at a cash of certificates of strengthening in them are absent an earth and border measure; therefore for the detailed description of a manor the notary making the serf certificate, can be guided mezhevymi by documents and such certificate comes under

To the statement »185.

On the basis of the certificate brought in the serf book the senior notary gives out to the extract parties by the same rules which are provided item 115-121 concerning extracts from registers.

If the senior notary finds out the circumstances interfering the statement of the certificate suggests to eliminate lacks in documents. About causes of a failure in notarial action fulfilment the log entry becomes.

After the certificate statement about transition of the property right to real estate in the register of serf affairs it is entered:

1) a name, a patronymic and a surname of the purchaser (at will for more exact definition of its person – its rank and a residence);

2) a certificate sort in which force the property right has passed to the purchaser, with instructions of date of the statement of the certificate, number and page in the serf book.

To registers of serf books the relation of some experts was negative. «Together with notarial position we had for the first time registers of serf affairs in which each property the proprietor and any restrictions and the maintenance charging a manor has the page or some pages where the manor structure is brought. These registers of serf affairs have in effect no any jural significance. They serve only as directories. On them it is easier and more convenient to get acquainted with property legal status. But registers of serf affairs at all do not guarantee, that everything, that in them is written, firm from the legal point of view and, that that is not present in them, has no legal

Values »186.

According to item 707 ch. 1 t. X Code of laws of 1857 the right to property is provided: 1) serf, notarial, javochnymi and house certificates; 2) transfer of the property or by livery. The last is carried out by rules of the Charter of civil legal proceedings. In connection with change of the legislation input is made not by court, and executive organs.

The certificates limiting the property right, also are marked by the senior notary in the register of serf affairs.

On the certificates specified above it is informed in the S.-Petersburg senatorial printing house for publication of the corresponding announcement. It is necessary to notice, that in the project of 1863 did not contain rules about publication of serf certificates. «As the purpose of the meant publication is … actually supervision over full receipt of the following with the serf certificate in treasury of the fiscal income it is recognised by necessary to add the project … vysheoznachennym by a rule» 187.

In the same printing house and with the same purpose the senior notary, having received

The notice from the bailiff or the world judge, informs on input in

186 Volman V. S. The decree. soch. With. 7.

187 Judicial certificates on November, 20th, 1864. With. 372.

Possession of a manor. This requirement is brought in Position in connection with presence of a similar rule in civil legal proceedings.

Thus, it is possible to approve, that:

1) fulfilment and the certificate statement about real estate sale constitute two independent finished actions; they cannot mix up with each other;

2) the given certificate fixs the contractual relation between the seller and the buyer, the statement its senior notary characterises transition of real right from the first to the second;

3) the notarial act obliges the seller to its execution, providing with that the introduction of the buyer into the rights of the proprietor;

4) owing to the specified value of this certificate the seller, successors during its fulfilment and the statement have not the right to refuse any way from sale, otherwise come the adverse consequences provided by the legislation for them;

5) the notarial act which has been not shown in established Position about a notarial part term to the senior notary for the statement keeps the action concerning consequences neutverzhdenija it because of one of the parties;

6) if in a notarial act reception of an extract and the main extract to the buyer disagreement on the statement of the certificate declared subsequently by the seller or successors, cannot serve as an obstacle for its statement is provided;

7) the notarial act about real estate sale is the proof of payment of a contractual price which cannot be confuted a testimony, except for litigations involving authenticity.

With reference to the serf certificate as a whole the Senate has explained: expression «to make the serf certificate» means its perfection that contacts the statement moment to its seniors

The notary; fulfilment of the certificate at the notary is only preliminary действием188.

In the literature the great value of this decision of the Senate, especially for «definitions in zaprodazhnyh records and zadatochnyh receipts of term of fulfilment of a purchase deed of a fortress is underlined. Therefore if zaprodazhnaja record or zadatochnaja the receipt consist with assistance of the notary for avoidance of disputes and misunderstanding the notary is obliged to explain to the parties, that by notarial position in process of fulfilment of the serf certificate there are two moments: the moment of drafting of the certificate at the younger notary and the statement moment its senior notary and as expression to make the bill of sale means – to approve, if definition in zaprodazhnoj records or zadatochnoj to the receipt of term of the party mean to establish not the moment of the statement of the certificate definitively but only moment of its drafting at younger notary it should be expressed clearly and positively, instead of be limited only to expression to make; as to make the bill of sale, means – to approve its definitively senior

The notary »189. The last is understood as entering of the certificate into the serf

The book and marks about that in the serf register.

Under the project of 1863 the senior notary was entrusted to approve data on the property sold from market places. However in the course of norm discussion its maintenance has been decided to transform, instead of the statement to provide only a mark in the register of serf affairs. Therefore Position item 181 has been stated in a following kind: «In the register of serf affairs are marked made and approved established in laws civil rather certificates about the property reference in reserved and data on the property sold from the market place».

In Position item 181 it was specially noticed, that marks in the register of serf affairs about restrictions of the property right on alienated

188 See: Gurljand J.Notarialnoe position in questions and answers. With. 39.

189 In the same place. With. 41.

Real estate do not interfere with the certificate statement about transition of this right if restrictions do not consist in the express prohibition. The subsequent certificates about restrictions of the property rights affirm the senior notary, and marks about it are brought in the register of serf affairs. Thus the consent of persons in which advantage there are already restrictions, it is not required. From this rule one withdrawal was provided: it was necessary, that the subsequent restrictions did not break the rights of these persons.

Certificates in which it is not specified particularly in what property right restriction consists, to the statement could not be accepted and on them in the register of any marks was not brought.

Cancellation of marks about pledge and other restrictions of the property right was carried out on the different bases, including, for example, at the initiative of the person, in whose advantage they are made, or under the decree. All restrictive marks in the register in the relation of the real estate sold from the market place (except for translated on the new proprietor), lose force.

With a view of maintenance of the indemnification which can be shown subsequently, in cases when they cannot be precisely established, as agreed in the register the maximum sum which is coming under to compensation at the expense of property is underlined.

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A source: Afanaseva Elena Aleksandrovna. the NOTARIATE of RUSSIAN EMPIRE of the PERIOD of MODERNIZATION of the COUNTRY (the END XIX – the XX-th century BEGINNING): ISTORIKO-LEGAL RESEARCH. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2014. 2014

More on topic § 3. New approaches to protection of the property rights: change of a role of a notariate:

  1. CHAPTER 2. The KONSTITUTSIONNO-LEGAL STATUS of the STATE SPECIALIZED BODIES ON ASSISTANCE to HUMAN RIGHTS And THEIR PROTECTION And THEIR ROLE In the MECHANISM of PROTECTION of the RIGHTS And FREEDOM of the PERSON And the CITIZEN In the UNITARY FOREIGN STATES
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  7. 2 Ways of maintenance of protection of the property and non-property rights of the victim - the legal person in criminal trial and a way of their perfection
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  9. 1 Maintenance of protection of the property and non-property rights of the victim - the legal person in the criminal trial: concept and experience of foreign countries
  10. § 3. A role of the state specialised bodies on assistance to human rights and their protection in education and formation in the field of human rights