Respectarea dreptului la apărare în cadrul procedurii notariale prin comunicare la distanță

Abstract

The introduction into the legal framework of the notarial procedure through remote communication, especially in the field related to the authentication of legal documents, raises several questions from the perspective of the protection and defense of the rights of applicants for notarial deeds. The purpose of this paper is to draw special attention to the way of regulating the right of defense for situations when the notary will refuse to perform a notarial act through remote communication for various reasons. Even if the law is to be implemented in no more than 3 years after its publication with the elaboration of a normative framework for execution, this right is still the pillar of a democratic state and the rule of law, and the limitation in its exercise may lead to the violation of human rights. Using methods of comparison with the legal framework in other states, as well as those of interpretation and application of legal norms, we arrive at the risk situation that may arise if existing normative provisions will not be brought in accordance with the norms of the Constitution and international treaties at which the Republic of Moldova is a part of.