CHAPTER 5. ADMINISTRATIVE AND LEGAL REGULATION OF THE ORGANIZATION AND CONTROL OF NOTARY ACTIVITIES IN UKRAINE

Authors

Nataliia V. Ilieva
Odesa I. I. Mechnikov National University
https://orcid.org/0000-0002-5710-1318

Keywords:

realization of rights and freedoms, legal mechanism for realization of human rights and freedoms, enforcement of legal standards that ensure realization of human rights and freedoms

Abstract

This study defines the problems of administrative and legal regulation of the organization of notarial activities and issues of control over notarial activities in Ukraine. The main directions of legal regulation of the organization of notarial bodies in Ukraine are identified: the procedure for allowing citizens to carry out notarial activities, the requirements for applicants for obtaining the status of a notary and the conditions for obtaining it; the procedure for passing the qualification exam, the procedure for issuing and canceling a certificate of the right to engage in notarial activities; the procedure for performing notarial acts; organization of the activities of state notary offices and notary archives; control over the organization of notary bodies; checking the organization of notarial activities of public and private notaries and their compliance with the rules of notarial office work in Ukraine.

Based on a comprehensive study, the main directions of development of the administrative and legal regulation of notarial activities are determined, the author highlights the leading problematic issues and ways to solve them in the process of reforming the organization of notarial activities in Ukraine. The current legislation is analyzed, which fixes the public legal status of subjects of notarial activity in Ukraine. Special attention is paid to the peculiarities of legal regulation of certain areas of notarial activity. Based on the study of foreign experience in the implementation of notarial activities, promising directions, and possibilities for adapting them to the existing system of notarial bodies are outlined. The scientific and theoretical conclusions and practical proposals aimed at improving the legislation, the norms of which regulate relations in the field of notarial activities in Ukraine, are substantiated.

This actualizes the need for scientific research in the direction of forming ways to improve the administrative and legal regulation of relations in the field of notarial activities and the need to introduce an effective and efficient public law institution that will ensure the protection and protection of the rights and legitimate interests of citizens and legal entities by performing notarial acts on behalf of states.


STUDY OF THE MECHANISM OF REALIZATION OF HUMAN AND CITIZEN RIGHTS AND FREEDOMS IN PUBLIC AND PRIVATE LAW: Collective monograph

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Pages

161-202

Published

9 November 2022

Details about the available publication format: Monograph

Monograph

ISBN-13 (15)

978-966-928-840-0