Legal paradigm of the institutions of notarial acts in Ukraine: theoretical and practical dimensions

Abstract

In the article the author studies some legal paradigms of the notary system in Ukraine as a separate institution of natural and legal entities’ rights and interests protection. It has been substantiated that the notary system of Ukraine plays an important part in law-enforcement function of the state, that protection of rights and legal interests of natural and legal entities is the main objective of the notary system. This requires improvement of the legal regulation of notary activities which is becoming more and more objective and complicated, and the development of electronic technologies should provide notary’s exercising vested powers efficiently, as well as securing legal documents ensuring timeliness and impeccable quality of notarial acts. Nowadays, the legal regulation of notarial activities is under continuous reforms. Studying the issue of transferring «paper» notary system into electronic one as well as the current development of institutions of notarial acts in Ukraine is a logical part of the notary activities research and an integral part of the notary legislation perfection allowing to give scientific evaluation of both the present legal regulation of notary activities and to outline the guidelines of its reformation. The author specifies that the use of electronic technologies in notarial activities is a complicated issues author specifies involving numerous factors of legal, organizational and technical nature. Considering the subject significance of notary institution functioning, taking into account the use of electronic technologies in notarial activities, the Ministry of Justice of Ukraine launched in 2020 the Concept of the great notarial reformation providing for: implementation of the electronic form of notariat (E-Notariat); abolition of state notaries public and transition to a uniform notary system; development of up-to-date institutions of notarial acts and self-regulation of notarial activities. It has been specified that the novel e-notarial reformation will not only broaden the authority of notaries public but also will enlarge both their scope of duties and the degree of notary institutions responsibility, as well as it will ensure the development of institutions of notarial acts . The author suggests that while reforming the Ukrainian notary system it is necessary to take into account the current development of the institutions of notarial acts in Ukraine and let the notaries public, as an independent area of notarial activities, participate in mediating conflict management; collect documents necessary for registration of legal persons; participate in meetings of legal persons’ management bodies on election (assignment) and asset management as well. The author substantiates the necessity to obsolete the quasi-notarial system. It has been suggested, besides an individual insurance of a notary public, to start the collective insurance by the Notary Chamber of Ukraine and to create the Compensation fund of the Notary Chamber of Ukraine. The author outlines the further development of the notary activities in Ukraine, their introduction into the national ideology of the country and the increase in amount and quality of notary services. Key words: notary system, notary activities, electronic technologies in notary activities, qualified electronic signature, amount and quality of notary services, notarial reformation, e-notariat.