Prospects for Expanding the Rights of Notaries to Register Marriages and Divorces

This article provides a scientific analysis of the prospects for expanding the rights of notaries to register marriages and divorces.

It was determined that the modern digital transformation of the field of notaries involves the following: abandoning the need to compile and maintain paper registers regarding the activities of notaries; reduction of the volume of documents that must be submitted for notarial operations; automation of various processes in notarial business; improvement of information exchange between state information resources; transition from maintaining electronic archives and service of cases in digital format. All this will make it possible to perform one or another notarial act faster and more qualitatively.

The reform places significant emphasis on self-regulation of the notary profession. An important aspect in the implementation of the transition to a unified notary is the transfer of a number of powers to the body of professional self-governance of notaries, in particular: to exercise control over the organization of notary activities, record keeping, compliance with the rules of the Code of Professional Ethics of Notaries, to organize an increase in the professional level of notaries, to create conditions for an even territorial distribution of notary workplaces , so that citizens from the most remote corners of our country have access to notarial acts.

It was noted that there is a false proposal regarding the dissolution of marriage for spouses who have children, marital relations in the bodies of registration of acts of civil status or by a notary. This concept, which is being actively implemented through a draft regulatory act, does not comply with the provisions of the Convention on the Rights of the Child (from November 20, 1989, which entered into force for Ukraine on September 27, 1991) and does not take into account the interests of children, which is a direct violation of Article 3 of the Convention about the rights of the child. This idea, which is implemented through a draft regulatory act, contradicts the principles of protection of children's rights set forth in international documents to which Ukraine is a signatory. Children have the right to stable family ties and should not be separated from their parents against their will, unless this is required by a court decision based on the determination of the best interests of the child. It is important that any changes in the legislation regarding parental divorce are objectively justified and do not harm children and their rights to stability and security. Before implementing such reforms, a thorough analysis of possible consequences for children and families should be conducted, as well as Ukraine's international obligations in the field of child rights protection should be taken into account. It is important to ensure that any decision to divorce parents is objective and takes into account all aspects of the children's welfare, and does not interfere with their stable family relationships.

Keywords: notary activity, marital relations, marriage, administrative and legal regulation, notary, notary offices, Ministry of Justice of Ukraine.