Montenegrin notaries are dissatisfied with the proposal that the Ministry of Justice determines the notary tariff, as well as the extended deadlines for their disciplinary responsibility, which is provided for in the working version on amendments to the law on notaries.
Assistant Minister of Justice Branka Lakočević said that one of the more important reasons for amending the law on notaries is the amendment of the law on non-litigation proceedings, which entrusts the implementation of proceedings and the discussion of inheritance to a notary, who, as a court commissioner, will be authorized to issue appropriate acts.
This, as she clarified, will lead to the relief of the work of the courts, reduce the number of disputes and speed up the duration of the procedure.
Lakočević clarified that it is foreseen that the notary tariff will be adopted by the Government based on the obtained opinion of the Chamber of Notaries, in contrast to the previous decision when it was adopted by the Chamber, with the consent of the Government.
At the round table on the working version of the Law on Amendments to the Law on Notaries, she said that the disciplinary responsibility of notaries is the part that has undergone the most changes, both in terms of the disciplinary bodies that will decide and in terms of statutes of limitations and disciplinary violations.
Lakočević pointed out that not only the deadlines for disciplinary responsibility have been extended when it comes to notaries, but also judges and prosecutors.
She explained that two new articles were introduced, which foresee the prohibition of any discrimination and which introduce the use of gender-sensitive language.
The amendments give the possibility for two or more notaries from the same official area to perform notarial activities in a joint office.
The president of the Chamber of Notaries, Branislav Vukićević, believes that the statute of limitations for disciplinary liability is too long, and that the costs for disciplinary bodies should be borne by the state budget, not the chamber of notaries.
The Vice President of the Chamber of Notaries, Darko Ćurić, believes that the exclusion of that body in determining the tariff threatens the economic security of notaries and their independence. "We will be in a situation where we have no influence on the basic conditions for our work."
"We propose that the notary tariff be jointly adopted by the Ministry and the Chamber of Notaries, if you already believe that the state should have a greater role - that the tariff be proposed by the Ministry, and that the opinion of the Chamber be mandatory," he explained.
Ćurić said that the Chamber of Notaries is bothered by the fact that notarial responsibility is considered much stricter than the disciplinary responsibility of holders of other judicial functions.
"Why are three years stipulated for notaries? We believe that these terms should be shorter, because they somehow threaten legal certainty," he said.
The former president of the Chamber of Notaries, Tanja Čepić, asked what had happened in the last year so that such radical changes took place.
"I believe that there should be radical changes, in the part that my colleagues do not consider, which refers to disciplinary responsibility. The deadlines should be as they are, because we who were supposed to solve the problems know that," she stated.
Čepić does not consider it a good idea to introduce judges to the first- and second-degree disciplinary commissions, "with all due respect, they are not adequately trained in the real role of notaries, and I think that this is a radical measure that should be talked about."
"I don't think there is a solution anywhere in the area to completely remove the notary's tariff from notaries, and if there is, then that notary does not perform its real function, but is secondary in the judicial system," she said.
The Minister of Justice, Duško Marković, praised the Institute of Notaries, stating that he always singles it out as an example of good practice in judicial reform, with free first aid.
"These are two legal institutes that are examples of fast and efficient implementation, for the benefit of the state and the community," he said.
Marković said that the Ministry of Justice suffered various blows in order to reach this level in the notary system today.
"I had problems with the government defending this project because there was misunderstanding there as well, but we succeeded. You are on the right path today, but you should not turn a blind eye to problems," he said.
Marković added that he wants that institute to be valuable in the Montenegrin legal order, unlike examples from the environment, "you saw that it was a mockery of rights and limiting the availability of justice, in addition to other inconsistencies."
He assessed that this was not the case in Montenegro, stating that it was because some solutions might have gone too far.
"We are establishing a stronger connection between the Ministry of Culture and the notary service in order to ensure that things continue in this dynamic in the future. It is not our desire to control something, manage your profession and threaten your independence, but to be closer to establish what we have started for all time. in Montenegro," Marković pointed out.
He assessed that perhaps the Ministry "went an octave higher" in its proposals than the principle of notarial independence would require, stating that these are small proposals, and that there will be room for dialogue until the final decisions are made.
"Equal application of the law, especially in the application of tariffs, must be equal for everyone. You have succeeded. Now at the beginning we have a problem with the enforcers, because they also have to respect it. Either we will apply the law or we will not exist, and that's what I told the enforcers ", concluded Marković.
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