History of appeal of notarial deeds or refusal to perform them in court in Ukraine (late 18th - early 20th centuries)

Abstract

The article is devoted to judicial control over notarial activities during the times of Austrian and Russian rule on Ukrainian lands (end of the 18th - beginning of the 20th century).
 It is noted that the 19th century is a significant period for the domestic notary, since it is at this time that it is formed as an independent institution in the system of law enforcement agencies. Two types of notaries were built on Ukrainian lands as part of the Austrian and Russian empires: Latin and state. As a result, the author conducts a comparative legal study of the mechanism of challenging notarial actions or refusal to perform them in court in different types of notary offices that were built in Ukraine at that time.
 It is claimed that the Russian notarial legislation was based on the Austrian one, in particular the Austrian Notarial Order of 1855 was laid as the basis of the Russian Regulation on the Notarial Part of 1866.
 It is concluded that it was not possible to build a Latin-type notary in Russia due to the lack of civil society and the prerequisites for its formation, as well as the desire of the state to put notary bodies under its control.
 On the other hand, the mechanism of judicial control over the activities of notaries in the two empires was similar. A notary public could be subject to civil, criminal and disciplinary liability for failure to fulfill his duties. It was within the framework of the latter that the institution of judicial appeal of notarial acts or refusal to perform them developed. Disciplinary proceedings carried out by the courts (in Austria also by the notary chamber as a notary self-governing body) regarding the consideration of such complaints were carried out outside the civil process, but it was possible to file claims to challenge the legal force of notarial acts under the rules of civil procedure. This was allowed by both the Russian Statute of Civil Procedure of 1864 and the Austrian Civil Procedure Code of 1895.