SOME MODELS OF NOTARIES' RESPONSIBILITY IN PUBLIC SERVICE JOBS

Abstract

In Bosnia and Herzegovina, the notary service began operating on May 4, 2007, in the Federation of Bosnia and Herzegovina, on March 11, 2008, in the Republic of Srpska, and on December 3, 2007, in the Brčko District of Bosnia and Herzegovina. The notary laws in the Federation of BiH, the Republic of Srpska, and the Brčko District of BiH are based on the principles of the European Notariat, which relies on the Madrid Declaration. This declaration fundamentally defines the notary as a holder of public office who is independent, impartial, highly legally qualified, and well-educated, and who must ensure legal security as the fundamental legal-political reason for the introduction and regulation of the notary profession.

The author of this paper aimed to highlight the fundamental principles of the notary as a public officeholder and to address the key question: Does notary accountability lead to legal security? This is because notaries provide a guarantee to clients that they will conscientiously and professionally perform their duties impartially, in accordance with the legal regulations of the respective state. Furthermore, the paper examines whether the degree of such accountability leads to civil, criminal, or disciplinary liability. Given the existing foundations and the limited space for this paper, the author provides a brief analysis of the primary question concerning the forms of accountability as a fundamental aspect of professional responsibility that a notary may assume while performing public duties.

Aware of the fact that scientific research should represent a continuous process of development based on the exchange of opinions, understandings, and experiences, the author acknowledges that the procedure based on the principles of security and responsibility in notarial public service is an unavoidable topic in this discussion. Although this paper does not fully resolve the complex issues related to this segment of the notariat, efforts have been made to maintain a high level of scientific research.

This work does not provide all possible solutions to the legal issues at hand, nor is it a final document in this legal domain. However, the author believes that it serves as a solid foundation for further discussion on specific questions raised in the paper and hopes that legal professionals specializing in civil law will particularly benefit from it.