Summary

The article deals with state supervision over notaries in the light of their independence, an important principle of the professional activities of notaries. In the same way as state supervision may not undermine the principle of notaries’ independence, the principle itself may not constitute an obstacle to the exercise of supervision. Both the objectives, although opposite in nature, must be implemented to the extent that ensures their optimal accomplishment. The article sets out some of the criteria governing the scope of supervision exercised over notaries. The author focuses on the nature and objectives of supervision exercised over notaries and on its differences from other types of state supervision. Further, the author examines the competence of the Minister of Justice as the person exercising supervision and the role of the Chamber of Notaries. Separately, the author looks at supervision over substitute notaries and notary candidates. The author analyses in depth the influence of the independence of notaries on the scope of supervision, focusing on the aspects of the personal, organisational and material independence of notaries. Attention is also attached to judicial control of the exercise of supervision. The author scrutinises the supervision provisions of the currently effective Notaries Act and the draft Notaries Act, as well as secondary legislation and positions of the Supreme Court in issues regarding the scope of notaries’ independence. For the sake of comparison, the author examines the judicial practice and legal literature of Germany as similar principles of the law of notaries are also expressed in the Estonian legislation and judicial practice.