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.
- Komarov V. Ukrainian notary: prospects for development. Bulletin of the Ministry of Justice of Ukraine. 2012. Pp. 153–161.
- Notary in Ukraine: a textbook (2nd ed., Stereotype.) / ed. Yu. V. Shkitin. Кyiv: КНТ, 2008. 680 p.
- Chernysh V. Notary of Ukraine on the way to European and international standards. Legal Ukraine. № 2. 2013. Pp. 21—25.
- Zhuzhzhalov M. B. Requirement for state registration of the transfer of ownership // In: Problems of registration of rights, fixation and certification of legal facts of civil law. M.: Statute, 2013. P. 61—109.
- Bondareva M. V. Anglo-Saxon notary: features of organization and functioning. University scientific notes. 2006. № 3—4 (19—20). Pp. 153—159.
- Theory of the notarial process: Scientific and practical manual / For general. ed. S. J. Fursey. Kyiv: Alerta, 2012. 920 p.
- Pashkovskaya T. «Electronic notary»: the need is ripe. Legal newspaper. 2013. № 13. Pp. 8–10.
- Kuzminskaya O. Y. Electronic notary. 2013. YUSBNU. Pp. 350—352.
- Marchenko V. M. Some issues of implementation in Ukraine of the e-notary system. Prykarpattya Legal Bulletin. № 1 (30). 2020. P. 42—46.
- Nelin O. Notary and quasi-notary in Ukraine: some debatable issues. Legal Ukraine. № 8. 2012. P. 19—22.
- Zaika Y. O. Forms of will: ways to improve. Bulletin of the Academy of Advocacy of Ukraine. 2006. № 1. P. 47—52.
- Komarov V. V. Notary in Ukraine: a textbook / V. V. Komarov, V. B. Barankova. Harkiv: Pravo, 2011. 384 p.
- Dyakovych M. M. Notary as a state registrar of rights to immovable property under the laws of Ukraine. Bulletin of the Ministry of Justice of Ukraine. 2014. Pp. 73—77.
- Spasibo-Fateeva I. V. Registration, its significance and consequences (review analysis of Ukrainian legislation) // In: Problems of registration of rights, fixation and certification of legal facts of civil law. M.: Statute, 2013. P. 147—160.
- Chizhmar K., Demkina G. Legal status of a notary in the process of state registration of real rights to immovable property and their encumbrances under the laws of Ukraine. Bulletin Ministry of Justice of Ukraine. 2012. № 9. Pp. 6–15.
- Zilkovich K. L. Notary as a participant in civil proceedings. Current issues of state and law. 2012. № 4. Pp. 416—420.
- Spasibo-Fateeva I. V. Conclusion on the possibility of participation of a notary in court cases concerning the invalidation of a notarized mortgage agreement (with a property guarantor). A small encyclopedia of a notary. 2007. № 1. P. 7—12.
- Grybanova O. Procedural status of a notary in civil proceedings. Notary for you. 2010. № 10. Pp. 87—88.