Persons participating in notarial proceedings

Abstract

The article is devoted to the characteristics of the second group of subjects of notarial procedural legal relations, which includes persons involved in notarial proceedings, their concept and composition. The signs (features) of the persons participating in notarial proceedings are formulated. Such features are: 1) the presence of a legal interest in notarial proceedings; 2) implementation of procedural actions aimed at the emergence, development and termi-nation of notarial proceedings; 3) such persons should be recognized as subjects of proving the facts that need to be established in the notarial process. The debatable issue in legal science on the structure, range and name of indi-vidual subjects of notarial procedural legal relations within the circle of persons involved in notarial proceedings is analyzed. The position is expressed and substantiated that the basis of construction of the structure of the specified subjects of notarial process, can be the corresponding doctrine about participants of civil procedural legal relations in the theory of civil process. However, the notarial process requires the formation of its conceptual apparatus. In this regard, the author proposes to call the parties or participants in the substantive legal relationship (participants in the notarial process) as parties to the notarial proceedings, within which to distinguish between applicants, ie persons who apply to a notary and whose application is notarized, and persons involved , as persons who have a material and legal interest in the case, are involved in notarial proceedings in order to protect or defend their rights and interests.It is concluded that the parties in the notarial process are such subjects of notarial procedural legal relations, which act in the notarial process in their own interests and based on their legal status: participate in the creation of a substantive legal relationship, which is submitted to a notary or relevant legal fact (1); are persons whose material rights and obligations arise from a legal fact certified by a notary (2); are persons-participants of a substantive legal relationship in which a notary certifies the relevant substantive law (3).