FEATURES OF THE EMERGENCE AND DEVELOPMENT OF NOTARIES IN THE REPUBLIC KAZAKHSTAN AND FOREIGN COUNTRIES: COMPARATIVE LEGAL ANALYSIS

Abstract

The article is devoted to one of the oldest legal institutions – the Institute of notaries. Throughout the history of the state and law development, notaries have been an integral part of the legal system of most countries, since the functions performed by notaries are objectively demanded by society. Almost all research authors agree that the entire history of the notary goes back to Ancient Rome. Some authors-researchers note that analyzing the history of the emergence of the notary, you should pay attention to the legal monuments of Ancient Babylon, namely the Laws of Hammurabi. Of particular interest, according to researchers, is the fact that even at that time, transactions in writing were made on clay tablets according to strictly defined rules. There are two main notary systems in the modern world. This is Latin and Anglo-American. The authors note that certain stages of the development of the Institute of notaries in Kazakhstan coincide with the development of notaries in Russia. Since 1991, the path of development of the Kazakh notary in an independent, sovereign state has begun. And also consider the historical facts that provide the use of writing to make a deal. Key words: society, state, law, obligation, guarantor, power of attorney.