INTERNATIONAL EXPERIENCE IMPLEMENTATION OF NOTARIAL ACTIVITY

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The article is devoted to the issues of international experience of carrying out notarial activities and its adaptation to the domestic notarial system. The need for a comprehensive study of the features of the international experience in the carrying out of notarial activities is determined by the systemic reform of this institution in today’s conditions. Of course, the problem of a unified notary is currently extremely relevant, as the world experience of the countries of the classical model of notary has admitted free notary as a more effective form of notarial functions. On the basis of studying the foreign experience of carrying out notarial activities and in order to preserve the unity of regulation of the organization of notarial activity, the expediency of adopting amendments to the Law of Ukraine «On Notaries» is substantiated.Analyzing the state of legal regulation of notarial activities in foreign countries, we should proceed from the classification of notarial systems existing in the world: first, the system of legal regulation of notarial activity in countries «common law», where the role of notaries is insignificant or completely absent; secondly, the system of legal regulation of notarial activity of countries «civil law» or the Latin system, where the notary is recognized as an important role of one of the public institutions; thirdly, the system of legal regulation of notarial activity of a subgroup of countries that are either approaching or embarking on the path of introduction to the Latin system of notaries.Therefore, it can be confirmed that it is in the system of Latin Notaries that the state moves from directly performing notarial acts and the simultaneous legal regulation of this process only to legal regulation: the establishment of restrictions on notarial activities, the regulation of the appointment of a notary public, the determination of the number of notaries, the establishment of state duty rates and the amount of fees for performing notarial acts, ensuring the legality and ethics (discipline) of notarial acts, bringing violators to justice, termination of notarial activities, etc.Thus, the desire of Ukrainian notaries to join the international notarial community requires the study and adoption of positive experience of legal regulation of the organization and activities of notaries of foreign countries, which will contribute to a deeper understanding of trends in legal regulation of the domestic notarial system.