FUNCTIONING OF THE SYSTEM OF NOTARIAL PROCEDURAL LEGAL RELATIONS SUBJECTS
- 1. candidate of legal sciences, assistant professor, assistant professor Department of Civil Justice and Advocacy National Law University named after Yaroslav the Wise
Description
Abstract. This Section of the monograph is devoted to the study of the problems of determining
the system of subjects of the notarial process and their legal personality, based on the characteristics
of the peculiarities of notarial activity as a specific type of law enforcement activity, as well as notarial
procedural legal relations.
The author develops a classification of subjects of the notarial process and reveals the content
of their notarial procedural legal personality.
The expediency of regulating certain procedural powers of a notary as a response to the exercise
of the relevant rights and obligations of participants to a notarial act, primarily, persons interested in
performing notarial acts is also substantiated.
It is proven that the range of notary's powers is much wider than the content of Articles 4 and
5 of the Law, and with this in mind, the author develops a scientific classification of the notary's
powers. The author also traces the peculiarity of the procedural mechanism for exercising the rights
and obligations of a notary.
Proposals for the development of notarial legislation in the direction of greater detailing of the
procedural procedure for exercising the competent powers of a notary, as well as regulation of the
relevant procedural rights and obligations of all subjects of the notarial process are formulated. First
and foremost, this applies to interested parties participating in notarial actions and their
representatives.
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