ЮРИДИЧНА ПРИРОДА ВИКОНАВЧОГО НАПИСУ НОТАРІУСА ТА ЙОГО МІСЦЕ В СИСТЕМІ НОТАРІАЛЬНИХ ПРОВАДЖЕНЬ

Abstract

The article is devoted to studying legal nature of notary’s executive inscription as an extrajudicial form of civil rights and obligations protection, as well as a notarial act aimed at giving the document its executive power. Analyzing the legislation, the authors emphasize that the executive inscription must be considered from different points of view. It is this approach that will provide a comprehensive and complete understanding of the essence of such legal construction. So, first of all, the executive inscription is a form of protection of civil rights and interests provided for by the Civil Code of Ukraine, within which the interested person confirms the right to an undisputed debt. Secondly, the executive inscription is a notarial act that records the result of a notarial act and certifies the right to collect the debt from a debtor. In addition, the executive inscription is an executive document on the basis of which a debt collector and a debtor enter into new legal relations. Various approaches to determining the legal nature of a notary’s executive inscription are considered. It was found out that in the course of notarial-procedural activity, the determination of the indisputability of the debt, as a condition for the execution of the executive inscription, has a purely formal character. At the same time, the procedural order for its confirmation is not provided for by the legislation. This fact necessitates further scientific development of the ways to improve the procedure for executive inscription making. Based on the analysis, the author’s approach to defining the concept of “executive inscription” is proposed, taking into account various aspects of its legal purpose. Key words: notary, executive inscription, undisputed debt, debt document, notarial process, notarial proceedings, notarial act.