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Barankova, V. .
    Reasonableness of notarial acts as a component of ensuring standards of latin notaries: the experience of Ukraine [Текст] / V. Barankova // Access to Justice in Eastern Europe. - 2022. - Vol. 1, Iss. 13. - P. 178-192 ; Той же журнал, в базі Scopus вказано інші дані. - 2021. - Vol. 5, Iss. 1. - P. 178-192
   Перевод заглавия: Обґрунтованість нотаріальних дій як складова забезпечення стандартів латинських нотаріусів: досвід України

УДК

347.961

РУБ DOI: https://doi. org/10.33327/AJEE-18-5.1-n000095

Аннотация: Background: This article is devoted to the study of the rules of notarial acts, the observance of which ensures the reasonableness of notarial acts as exemplified by Ukraine as a state belonging to the countries with Latin notaries. At the same time, the standardisation of Latin notary standards in Ukrainian legislation is associated with certain problems that do not fully reveal the potential of the notary and its functions as a body of undisputed civil jurisdiction. In this regard, the purpose of the work is to determine the components of the procedural mechanism to ensure the reasonableness of notarial acts, identify those shortcomings in their standardisation that lead to litigation, and formulate proposals for further improvement of notarial law on this basis. Methods: In the present research, we used the following methods: logical, systemic, specific sociological, hermeneutic, and modelling. It is established that the reasonableness of notarial acts is ensured by compliance with the rules on submission of evidence documents, requests for evidence documents by a notary, the signing of notarial documents, sending documents for examination, the compliance of documents submitted for notarial acts with statutory requests, and clarifying the will of the persons concerned. Results and Conclusions: It is proved that a notarial act issued based on the actual circumstances established within the notarial case, confirmed by the relevant evidence provided by the notarial legislation, should be considered reasonable. The grounds for exercising the powers of a notary to demand documents are determined, and the need to differentiate the order of recovery depending on the subjects in which such information is requested is emphasised. The content of the notary’s powers to request documents is clarified, and the conditions under which the exercise of such powers should be considered the notary’s duty are determined. The necessity of extending the duties of a notary to establish the will and real intentions of the persons concerned to all notarial acts and, in this regard, the standardisation of such a duty as a general rule of notarial acts is substantiated. It is concluded that the distinction between documents for which the originals are subject to preservation in the notarial file and those that are photocopied then returned to interested persons should be made, taking into account the loss or preservation of their validity and legal significance after said notarial action. The author determines the grounds and conditions for sending a document for examination, which is a procedural action of a notary that can be made only at the initiative or consent of the person who submitted the document. The proposals on the tendencies of standardisation of the content of the requirements of the validity of notarial acts and the consequences of their violation are formulated. © 2022 V Barankova.

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Gusarov, K. .
    Preventive function of a notary in the legal system of society [Електронний ресурс] / K. Gusarov, O. O. Shchokina, I. M. Cherevatenko, O. V. Kolisnyk, Y. L. Kolomiets // Documenta et Instrumenta. - 2023. - Vol. 21. - P. 111 - 126. - References : p. 125-126
   Перевод заглавия: Превентивна функція нотаріату в правовій системі суспільства

УДК

347.961

РУБ DOI: 10.5209/docu.88106

Аннотация: As Ukraine has chosen the European vector of development, the legal status of the notary as the subject providing protection of the rights and lawful interests of citizens deserves special attention. Due to the insufficient level of legal literacy among the population, the legislator imposes on the notary the duty to implement a preventive function, namely to explain to persons their rights and responsibilities, warn of the consequences of notarial acts, and most importantly, assist individuals and legal entities in protection and the realization of their rights and interests. This function has recently become increasingly important, as the notary, certifying transactions with the participation of the parties, should help prevent offenses. In particular, its activities are aimed at preventing conflicts and disputes in civil law relations, both when concluding a transaction and those that will arise in the future. To achieve the objectives outlined in this study, methods of analysis, dialectical, anthropological, functional, documentary analysis and others were used. The aim of the work is a comprehensive general theoretical and applied study of the legal nature of the functions of the notary, including preventive function, as well as substantiation of the main directions of legal regulation of the notary in Ukraine in modern state transformations, development of relevant scientifically sound proposals and recommendations.

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