General provisions on the prerequisites for the occurrence of notarial procedural legal relations

Abstract

The article is devoted to the study of the peculiarities of the preconditions for the emergence of notarial procedural legal relations. It is established that the emergence, development and termination of notarial procedural legal relations depends on certain conditions, which in the science of notarial process are called either prerequisites or grounds for the emergence of these legal relations. It is noted that all general scientific issues of preconditions or grounds for the emergence of notarial procedural legal relations are problems of general theory of law or theory of procedural law, are determined by it and must be resolved at the level of this theory. Peculiarities of preconditions or grounds for the emergence of notarial procedural legal relations exist only at the level of characteristics of individual elements of their composition.
 It is stated that notarial procedural norms of law and notarial procedural facts are indisputable prerequisites for the emergence of notarial procedural legal relations. Notarial procedural facts should be considered as grounds for the emergence of notarial procedural legal relations.
 The author of the article states that the category of legal capacity in determining the possibility of a person to be a subject of notarial procedural legal relations looks imperfect in the notarial process. Given the wide range of subjects of notarial procedural legal relations, their systematization, legal capacity alone does not explain the ability of individual subjects to be participants in specific legal relations. Therefore, the precondition for the emergence of notarial procedural legal relations should be understood notarial procedural legal personality. The content of this legal personality should be sought both in the legal capacity and in the legal capacity of the subjects. At the same time, the author believes that it is worth paying attention to other possible components of legal personality, which are distinguished in science.
 It is concluded that the set of prerequisites for the emergence of notarial procedural legal relations should be considered: 1) the rules of notarial procedural law; 2) notarial procedural legal personality; 3) notarial procedural facts.