PRAVNI ASPEKTI IZDAVANJA DOKUMENATA POHRANJENIH U ARHIVIMA I USPOSTAVLJANJE INSTITUCIJE NOTARA
LEGAL ASPECTS OF ISSUANCE DOCUMENTS STORED IN THE ARCHIVES AND THE ESTABLISHMENT OF NOTARY INSTITUTIONS

Summary/Abstract: Right to use archival material is of the fundamental importance for the archival institutions. But, the free access to absolutle every document, no matter how strong the pressure is executed to archives management, will never be possible from many reasons. Archival workers are conciescious about this situation. ICA has a firm stand that the archival material of every country constitutes a cultural heritage and the memory of the respective nation and accordintly the Region and the World. The procedures for the use of the archival material are based on the legislation and bylaws regulations of each country and the specific internal rules of the respective archival institution. Mostly, the archival documents are used by the citizens for their personal needs guaranteed by the constitutional rights, for the scientific and other professional research purposes, for the administrative needs of the State and its authority persons, for exibiting, publishing and other educational purposes. To get copies and certified copies of the documents and issuing of certain generated documents like certifications, receipts, transactions, etc. is guaranteed by the legal and constitutional proscriptions. In earlier times this right was executed by the respective courts or administrative state bodies, in the modern times by public notars. Though the archival legislation was not too precise about this right, the archival institutions, out of the pragmatic and humain reasons, execute it by issueing such documents and making transcriptions of the original documents. Do courts, state administration or other institutions and organizations accept these kinds of documents for the evidential purposes, issued by archival institutions upon the requests of citizens? The answer is positive. In the case the party in dispute expresses the uncertainty about the validity or accuracy of the certified document, the validation process is being required and processed. The expense of this procedure is always on the party who requests the validation process. The author of the Paper expresses his attitude that all documents generated by the archival institutions are to be accepted as valid and accurate documents, likewise as those issued by courts, state bodies or public notary, no matter if there could be some imperfection from the formal and authority point of view.

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