Notary public as subject of notarial process

Abstract

The article is concerned with the study of problematic aspects of the definition of the system and competence of notarial bodies and the characteristics of the features of notarial procedural legal personality of a notary (another notarial body) as a mandatory subject of notarial procedural legal relations. It is emphasized that the system of subjects of notarial procedural legal relations differs from the system of subjects of notarial law, because it is formed within the framework of notarial proceedings regarding the performance of notarial acts. It is substantiated that notarial procedural legal personality has an independent character and is not a constituent part or manifestation of civil legal personality, but represents the unity of its structural elements: legal capacity and legal capacity. At the same time, the legal personality of different participants in procedural legal relations is not the same, since they have rights and obligations of different scope and nature. A notary (another notary body) is considered as a mandatory subject of notarial procedural legal relations, possessing a specific legal personality and a special legal position.
 The article describes the peculiarities of the legal status of a notary public (another notarial body), due to the need for the implementation of jurisdictional functions and the presence of law-enforcement powers, both regarding the determination of the procedural order of notarial acts (for example, involving interested parties, requesting and evaluating evidence, stopping or postponing the execution of a notarial act, etc.) and the issuance of a notarial act, which records the results of their performance.
 It is proven that by entrusting notarial bodies with the function of performing notarial acts, the state grants the notary real power (but not management) powers, and because of this, the legal personality of the notary has a peculiar content and is manifested in the competence, the content of which is the authority to perform notarial acts. In addition, in the notarial process, the possible and proper behavior of the notary coincides, since the notary has both the right and the obligation to perform a certain procedural action in the presence of the conditions stipulated by the law.
 The need for proper legislative regulation of system changes and the competence of notary bodies as subjects of the notarial process is noted.