DOI 10.37749/2308-9636-2020-8(212)-6

Opanashchuk Yu. Yu. Current determinants of notarial activity: civilistic aspect

The article analyzes the main legal and enforcement obstacles to the development and improvement of notarial activity in Ukraine at the present stage. The author emphasizes that the policy of the domestic legislator in relation to the optimization of notaries, unfortunately, cannot be called consistent and unambiguous, as there are a number of conceptual problems and legislative conflicts that prevent the development of this institution and public law certification of civil relations. It is noted that by lawful and timely notarial acts domestic notaries provide public credibility to civil law relations, which in some cases act as legal facts that have constitutive significance. These conclusions allowed the author to state that the human rights function of the notary acquires the character of a system-forming feature in relation to the activation of human potential in the legal sphere, as not every state authorized to perform such actions is properly capable of performing the duties of an ordinary notary.

In this context, the author identifies as key determinants of the development of the institute of notarial services in Ukraine at the present stage the succession of European traditions and the fundamental nature of legal security of civil circulation, as the key goal of the notary as a provider of constitutional rights to qualified legal aid. digital form. At the same time, the organization and implementation of effective law enforcement activities with the help of notarial bodies is one of the priorities of sustainable development of the state and, at the same time, is another determinant in the transformation processes of notaries of the new era of digitalization. In this regard, the author determined that the notary in Ukraine has long become not just a legal body, but an important institution of the state and society as a whole, carrying out public law activities aimed at protecting the rights and interests of the individual.

Key words: notary, notarial activity, functions of notary, certificate of transactions.



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