Comparative analysis of the functions of judicial and notary bodies

Abstract

A comparative analysis of the functions of judicial bodies and notary bodies was carried out through a constructive analysis of norms of civil legislation, unexplored aspects of these functions were identified. Both general theoretical and special methods became the methodological basis of the research. The method of comparative analysis made it possible to determine the common and distinctive features of the functions of the court and the notary in civil legal relations. The dialectical method made it possible to find out which of the functions can be transferred from the competence of one body to another. It has been clarified what role both courts and notaries play in regulating civil legal relations. Forms of protection of civil rights and interests by both notary and judicial bodies were studied. It has been established that the implementation of an executive inscription on a debt document by a notary is not the only form of protection of civil rights and interests of individuals and legal entities by a notary. It has been determined that the role of the court in civil legal relations is not limited to the protection of the violated right or interest, in particular, when deciding the issue of limiting the civil capacity of a person or recognizing him/her as incapable, establishing guardianship and care by the court. It is proposed to introduce a new institution of civil law regarding the exercise by an individual of an order for guardianship or care in the event of his/her future incapacity or limitation in legal capacity, as well as to expand the limits of the exercise of civil rights by individuals and to grant such powers to the notary through the certification of a certain type of contract or order, in order to reduce the burden to the judicial system in cases where there is no legal dispute. It has been established that both judicial bodies and notary bodies have a common subject of regulation in civil legal relations, while it is noted that judicial bodies have an influence on the notary in the context of the possibility of invalidating transactions that were notarized