Abstract
The purpose of the research paper is to disclose practical issues of the appropriateness of involving notaries as interested persons in cases to establish the fact of living by the same person a man and a woman without marriage. In order to achieve the objectives in the course of scientific research the authors applied formal-logical, dialectical, dogmatic and other general scientific and special research methods. The research paper notes that today notaries in almost all inheritance cases related to the establishment of this fact, involve a notary as an interested person. The authors emphasize that such practice is not justified, because the notary, who does not have an inheritance case in particular, cannot be considered an interested person. In order to reveal the above-mentioned issues, the authors study in detail the theoretical provisions of the procedural-legal status of interested persons, as well as the question of the legal status of the notary. The research paper also carries out a comparative analysis with the lawsuit proceedings in order to characterize the peculiarities of attracting a notary as a third party without declaration of independent claims. Particular attention is paid to the analysis of the practice of involving public authorities as interested persons in cases of this category. The conclusions define the procedural and legal status of the notary when considering and resolving civil cases arising from legal relations concerned with the performance of notarial acts. The dependence of the civil procedural status of the notary on his legal status is established. Also the authors have analysed the national judicial practice in order to identify significant gaps in cases of this category and offered their own proposals for the improvement of existing problems. The authors also propose the author's definition of interested persons in cases of this category.
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Schedule a callMore From: Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies
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