GUARANTEES OF NOTARIAL ACTIVITIES: CONCEPT AND CONTENT

Анотація

The purpose of the article is to define the concept and content of guarantees of notarial activities.Results.The adoption of legal provisions solely cannot fully ensure the exercise of the rights of participants in legal relations.In practice, frequently there are situations when subjective rights which establish specific legal guarantees cannot be exercised.As a rule, such cases require relevant authorised state and public bodies or their officials to intervene to remove possible obstacles to the actual ensuring of the rights provided for in the provision.In addition, there are a number of legal guarantees, the essence thereof is in the activities of the relevant authorities.These include, for example, the activities of judicial authorities to restore violated rights.Therefore, the activities of the relevant state authorities, as provided for by law, together with the guarantee-provisions, act as a legal guarantee of the rights of the parties to legal relations.The impartiality of a notary is one of the most important features of his or her legal status as an actor of notarial process and is a guarantee not only for the parties concerned, but also for the notary himself or herself.Conclusions.Indirect judicial control is exercised when the court considers other civil cases related to challenging notarial transactions and other notarial documents in court, in other cases where the disputed legal relations of the parties are related to the performance of notarial acts.In such cases, the court's assessment of the legality of notarial acts is interim.The court checks whether the notary complied with the requirements of the law when performing a notarial act in order to determine the nature of the legal relationship between the parties to the litigation.In this case, the main purpose of the litigation is to resolve a dispute between the parties.In this case, the court's assessment of notarial acts is usually provided in the reasoning part of the court decision.Therefore, judicial control over the performance of notarial acts as one of the guarantees of notarial activities can be defined as a court's assessment of a notary's compliance with the requirements of the law when performing a notarial act.

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