LEGAL AND PROCEDURAL ASPECTS OF NOTARIAL PROTECTION IN UKRAINE AND IN FOREIGN COUNTRIES

Abstract

The study is relevant due to the constant need to improve the legal system and its significant component, notaries. First of all, this is due to the need to take into account constant changes in society and technological breakthroughs in order to adapt notarial activities to new realities. In addition, the analysis of the theoretical foundations and regulatory framework of notaries in Ukraine in comparison with other countries helps to identify the advantages and disadvantages in national legislation and contributes to the improvement of legal norms. Therefore, the purpose of this study is to provide a theoretical and legal analysis of notarial protection in Ukraine and in certain foreign countries. This paper analyses the theoretical foundations and legal framework regulating notarial activity and defining the legal status of a notary in Ukraine and in some foreign countries of different legal systems. The article examines the role of the notary as a component of the legal order system, its tasks and peculiarities of organisation. The author identifies the main elements that constitute the legal status of a notary in Ukraine and in foreign countries. The author makes a comparative legal characterisation of the peculiarities of the legal status of a notary in the Latin and Anglo-Saxon notaries. Particular attention is paid to the legality, objectivity, independence and competence of notaries, who play a key role in ensuring the legal accuracy and legality of transactions. The article also discusses the support of notarial protection in Ukraine through the electronic document management system and electronic digital signature, which ensures the security and confidentiality of transactions. The article examines the role of notarial activity as a form of protection of subjective civil rights which complements other methods of legal protection. In particular, the author emphasises that notarial protection is a complement to other forms of protection, such as judicial and administrative protection, and identifies the need to analyse the legal status of notaries in other countries in order to improve national notarial legislation. It is proposed to take into account the experience of foreign legislators in rulemaking with a view to theoretical and legislative improvement of the legal status of notaries in Ukraine. Keywords: notary, notary, legal status of a notary, protection, form of protection, notarial protection, liability, contract, transaction.