THE SYSTEM OF GUARANTEES OF NOTARIAL ACTIVITIES IN UKRAINE: THEORETICAL AND PRACTICAL ASPECTS

Анотація

The purpose of the article is to study the theoretical and practical aspects of the system of guarantees of notarial activities in Ukraine as qualified legal support.Results.The article deals with theoretical and practical aspects of the system of guarantees of notarial activities in Ukraine as a qualified legal support.Relying on the study of domestic and foreign legal literature, the author formulates the definition of the concept of "guarantees of notarial activities".The system of guarantees of domestic notarial activities is characterised.The article analyses the problematic issues of ensuring the system of guarantees of notarial activities in Ukraine with due regard to current legislation and legal practice.The legal guarantees of notary independence include, in particular, the perpetual validity of the certificate of the right to practice notary, and the judicial procedure for appealing against notary's actions.However, they cannot be recognised as appropriate and sufficient.In this regard, firstly, it would be appropriate to provide for a mandatory judicial procedure for suspension and termination of notarial activities.Secondly, the mechanism of control of notarial activities needs to be significantly improved so that issues of violation of the law in the performance of notarial acts would also be resolved exclusively by the court.Conclusions.The author concludes that notarial activities should be an effective mechanism for protecting the rights of participants in legal relations by expanding the powers of notaries in this field, rather than by vesting them with new and uncharacteristic functions of notarial activities.The effectiveness of the notary's tasks and its functional capabilities should be ensured by adequate regulation framework of the organisational principles of this jurisdictional body, as well as of procedural and legal aspects of notarial activities.In particular, the problems that urgently require to be legally regulated are the problems of the system of actors of the notarial procedure, quota of notaries' positions, payment for notarial acts, and regulation framework of notarial activities guarantees.Guarantees of notarial activities as qualified legal support are a legally significant mechanism for ensuring the activities of notary bodies, which is implemented strictly on the basis of the constitutional right of a citizen to qualified legal aid at both the legislative and law application levels.The system of guarantees of notarial activities includes: first, impartiality; second, independence; third, governance only by the Constitution and laws, legal regulations of state authorities and local self-government bodies adopted within their competence, as well as international regulations; fourth, notarial secrecy; fifth, judicial protection of notarial activities.

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