ІСТОРІЯ НОТАРІАТУ В УКРАЇНІ В ДОРЕФОРМЕНИЙ ПЕРІОД

Abstract

The article considers the process of evolution of notarial work in Ukraine during the second half of the XVIII – XIX centuries. The legal framework, which was the basis for the activities of notaries in the specified period of time, is studied. The contribution of merchants to the development of the institution of notary as a component and then a separate part of the judicial system of the empire is analyzed. This state was leading in the position of notaries in the second half of the XVIII –XIX centuries. Notaries prepared and certified various legal acts, giving them the meaning of public acts, engaged in the issuance of various types of evidence, compiling descriptions of property, public sales. The activities of the notary in each region were controlled by the provincial court, which checked the qualifications of the «applicant», appointed a person to the position of notary, checked his work. In the counties with the vacant position of notary, his functions were performed by a justice of the peace. The Regulations on the Notarial Part» of April 14, 1866 defined the rights and duties of a notary. It is investigated that the management of the notarial part under the supervision of judicial places was given to notaries and senior notaries who were at the notarial archives. In cities and towns where notaries were absent, attendance certificates were provided to justices of the peace. Notaries were appointed and dismissed by the senior chairman of the court chamber. The dismissal could not have taken place without a trial. Notaries were considered in the civil service with the assignment of the eighth grade, but they were not entitled to ranks or a pension for this title. It is noted that notaries appointed by the government had the right to enjoy the same rights as assistant secretaries of the district court. It was emphasized that they performed their functions only within the district to which the district court was assigned. In other regions, the act they carried out had no legal force. In all acts, notaries carried the secret of storage and non-disclosure, except for exceptions specified by the state. Notaries were required to keep a register of all acts, protests and certifications, as well as loan commitments and agreements. They had to carry out various acts at the request of the population: to issue extracts from act books and copies of acts, to accept for storage from individuals various documents. The senior notary had the same rights as members of the district courts. Senior notaries had the right to certify acts on the transfer of real estate, to approve acts and to make notes in the register of serfdom on the restriction of ownership of real estate.