Notarial process as one of the types of legal process

Abstract

The notary of Ukraine plays an important role in the implementation of human rights and law enforcement functions in the system of law enforcement agencies of the country [1].
 According to Art. 1 of the Law of Ukraine «On Notaries», a notary in Ukraine is a system of bodies and officials entrusted with the duty to certify rights, as well as facts of legal significance, and to perform other notarial actions provided for by this Law, with the aim of providing them of legal probability [2].
 The activity of a notary has certain commonalities with the activities of other bodies of civil jurisdiction. Notarial activity is a type of legal and, accordingly, social activity and is aimed at providing official force and credibility to legal rights, facts and documents.
 А notarial process is a type of legal process, which is a legally established procedure for performing notarial acts. The notarial process is a procedural branch, therefore, when notarial acts are performed, notarial procedural legal relations characteristic of it arise. Notarial procedural relations can be considered a type of social relations that arise between persons who perform notarial acts and persons who applied for notarial acts, and are regulated by the norms of notarial legislation.
 A notarial process is a set of performed notarial proceedings or notarial actions. The notarial process is a legal form of activity of state bodies and officials authorized to do so. The performance of notarial acts is carried out by a strictly established circle of persons whose specific composition and scope of competence are established by legislation (Articles 1, 3, 34-40 of the Law of Ukraine «On Notaries»). The notarial process is an activity directly related to the need to use various methods and means of legal technology. In the notarial process, there is a system of requirements related to notarial proceedings. Since the notarial process is a type of legal process and boils down to the order of notarial actions prescribed by law, it is characterized by a complex structural content.
 The notarial process is the consideration of a certain legal matter. As a result of the performance of notarial acts, the legal rights and obligations of the persons in respect of whom these acts were performed are sanctioned by the state, the documents are given official significance, which enables the specified persons to acquire a certain status and perform certain actions. The notarial process can also be characterized as an activity related to carrying out operations with legal norms, that is, it is a type of law enforcement activity, when the relevant state body or official must directly use legal norms to solve a specific legal case.