Notarial Act Research Articles

The dispute about the law in the claim about the appeal of notarial deeds or the refusal to execute them

The article is devoted to the disclosure of the concept and essence of the dispute about the right during the consideration and resolution of a civil case on challenging notarial actions or refusal to perform them. It is noted that historically, for a long time, appeals against a notarial act or refusal to perform it were considered as undisputed cases and were resolved in a civil process by way of a separate proceeding. But with the adoption of the Code of Criminal Procedure of Ukraine and its implementation, this category of civil case was classified as disputed, and therefore was already considered by the procedure of legal proceedings. The change in the order of consideration of the case led to the fact that both theoreticians and practitioners began to understand differently the nature of the «dispute about law» in this category of civil case, which had consequences not only in terms of the validity of classifying it as a case of legal proceedings, but also in the field civil jurisdiction. The author argues that when filing a lawsuit to challenge notarial actions or refusal to perform them, a civil law dispute arises, which arises not only from notarial procedural legal relations, but also from civil legal relations. Civil legal relations are the main legal relations, and notarial procedural legal relations are derivatives arising on the basis of the former and ensuring their implementation. That is why a civil law dispute arises between the person whose rights and interests are affected by the notarial act and the notary, as parties to this case, which is burdened by notarial proceedings. The peculiarity of this civil law dispute based on a claim to challenge a notarial act or refusal to perform it is that only one party claims material or non-material benefit, and the other does not. This is what distinguishes a claim for contesting notarial actions or refusal to perform them from other claims, where a dispute about civil law, which is burdened by notarial proceedings, arises between two subjects who simultaneously claim material or non-material benefit, which is behind the realization of the subject objective civil law. In connection with the encumbering of subjective civil law by notarial proceedings, when filing a lawsuit to challenge notarial actions or refusal to perform them, the purpose of civil proceedings is also complicated: in addition to the protection of subjective civil rights, freedoms and interests, judicial control of legality is carried out notarial activity.

Elements of evidence in civil jurisdiction and notary proceedings

This article covers research in the comparative aspect of the process of procuring evidence in civil proceedings and notarial proceedings, specific features of the elements of evidence in the notarial process, the peculiarities of the rules for determining the factual material to be established when a specific notarial act is performed, and the submission of evidence to support them. The essence of the proceduralists’ scientific discussion regarding the definition of the concept of evidence, its elements and subjects, as well as the obligations of evidence are covered. On the basis of the analysis of the positions of the authors expressed in the science of civil procedural law, which substantiate the opposite approaches to the mentioned issues, it is determined that the basis of this scientific discussion is the disagreement of views on the court as a subject of evidence. It is recognized that filling the terms “evidence” and “proving” with different meanings is not convincing, is not based on current procedural legislation and does not meet the interests of law enforcement practice. The article proves that the exclusion of the court from the subjects of evidence (even in relation to such an element as the collection of said evidence) contradicts the rules of evidence provision established in the current civil procedural legislation. It is concluded that such elements of evidence as indication of facts, determination of evidence, collection of evidence, research of evidence, evaluation of evidence are characteristic of civil proceedings. At the same time, it is advisable to determine the composition of subjects not for the entire procuring evidence process as a whole, but separately for each of the specified elements. For example, the court is not the subject of presenting evidence, but is the subject of research and evaluation of evidence. Evidence in a notarial process is considered as a procedural activity of notarial bodies and interested subjects of notarial proceedings, aimed at establishing legal facts necessary for the issuance of a legal and substantiated notarial act. The article substantiates that the establishment of the presence or absence of certain legal facts, with which the possibility of applying the relevant norm is connected, is carried out only within the scope of the procuring evidence process, according to special rules that provide for the rights and obligations of the subjects of notarial proceedings regarding submission, research and evaluation evidence, and have significant differences from similar rules in civil proceedings due to the undisputed nature of notarial activity.

Appeal of notarial deeds or refusal to perform them in court in Ukraine during the soviet period

The article is devoted to the judicial control of notarial activities during the Soviet rule on Ukrainian lands and is designed to analyze the history of notarial actions being appealed to the court or refusal to perform them under the Soviet notarial and procedural legislation.
 It is noted that at the beginning In the 20th century, when independent states were proclaimed in Ukraine, the political leadership was not engaged in reforming the notary, and therefore for some time the imperial legislation (of Austria-Hungary and Russia) regulated the institution of judicial control over the performance of notarial acts or refusal to perform them. However, the defeat in the Soviet-Ukrainian war (1917–1921) led to the beginning of the Soviet stage in the history of the Ukrainian notary.
 It is indicated that in the first stages of Soviet power, the notary institution declined, as the prerequisites for the activity of a notary were not formed, but with the beginning of a new economic policy, the need for notaries arose again, which actualized the development of mechanisms for judicial control of their activities. It is claimed that the Soviet institution of challenging notarial acts or refusal to perform them, introduced by the Central Committee of the Communist Party of Ukraine in 1924, was almost entirely based on the legislation of Tsarist Russia. However, the main difference was that complaints against the actions of notaries regarding the performance of a notarial act or refusal to perform it began to be filed according to the rules of civil procedure. Such cases were classified by the legislator as cases of a separate proceeding, since they did not involve the resolution of a civil law dispute, in respect of which a notarial act was performed.
 The institution of appealing to the court of notarial actions or refusal to perform them underwent significant changes after the adoption of the Code of Civil Procedure of the Ukrainian SSR in 1963, where it was stipulated that, based on the results of the review of complaints against notaries, a decision should be made, rather than a court decision. According to such a decision, the court could cancel the performed notarial act or oblige the notary (an official who performs notarial acts) to perform it.
 It is claimed that the Soviet model of contesting notarial actions or refusing to perform them in court operated in Ukraine for a long period of time, because the Soviet procedural legislation remained in force, and the notarial legislation of Ukraine in terms of judicial control over notarial activity actually resembled the Soviet one.

Цифровизация нотариата как фактор создания единого нотариального пространства в Евразийском экономическом союзе

The article discusses the need to create a Unified Notary Information System in the Eurasian Economic Union, which will allow advancement to a higher level of economic cooperation, lead to more effective development of civil legal relations, and allow for electronic exchange of information and documents. The procedure for reg-istration and execution of notarial acts has been studied; the amount of information to be recorded, as well as methods for recording it. A comparative analysis of the legislation of the member states of the Eurasian Eco-nomic Union regulating notarial activities was carried out. The procedure and method of collecting information, the level of security of documents, and the possibility of conducting verification activities to determine the au-thenticity of the submitted documents are considered. The subject of comparison is the degree of use of digital technologies within the framework of the electronic exchange of information and documents between partici-pants in civil transactions (notaries, citizens, legal entities). Attention is focused on analyzing the degree of im-plementation of digital technologies within the framework of storing notarial documents. The capabilities of notaries to provide notarial services are considered, including the ability to collect information necessary to per-form a notarial act, and information necessary to formalize inheritance rights. The powers of notaries in the framework of interaction with state registers have been studied, including the powers to carry out verification actions in relation to applicants, register rights to movable and immovable property, to introduce encumbrances on movable and immovable property, as well as to make changes to the information contained in state regis-ters. The subject of comparison was the degree of digital technology usage in the process of storage of notarial documents, as well as in the framework of electronic exchange of information between participants of civil turnover (notaries, individuals and legal entities). Prospects for further research in this area are defined.

К вопросу о противоречии между сделочной природой отказа от наследства и законодательным закреплением порядка его оформления

In the context of the analysis of approaches developed in civil science, as well as in judicial and notarial practice, to the institution of renunciation of inheritance, the author of the article demonstrates the advisability of paying closer attention to the issues of legislative regulation of the procedural side of fi ling an application from an heir to renounce an inheritance. When considering the legal nature of refusal of inheritance from the position of a unilateral transaction, problems of insuffi cient elaboration and some inconsistency of the legislative regulation of the notarial process in terms of this institution of inheritance law are revealed. Taking into account the increased social signifi cance, the question is raised about the possibility of introducing such a notarial act as certifi cation of a statement of renunciation of inheritance in the form of a unilateral transaction. Also, using the example of similar legal structures, some proposals are formulated for adjusting the provisions of the current legislation regarding the formalization of refusal of inheritance.

NOTARIZATION OF A MEDIATION AGREEMENT: ANALYSIS OF THE AGREEMENT’S CONTENT

The article is devoted to the procedure for performing a relatively new notarial act - notarization of a mediation agreement. The authors propose to distinguish two components when performing this notarial act: analyze compliance with the procedural conditions for concluding a mediation agreement and check the legality of the content of the mediation agreement. This article is devoted to the second of these components. When checking the legality of a mediation agreement, it is proposed to analyze it from three positions: 1) compliance with the legislation on mediation; 2) compliance with the rules of substantive law applicable to legal structures included in mediation agreements; 3) compliance with the requirements for enforcement documents in accordance with the legislation on enforcement proceedings. In addition, the article discusses changes in legislation that are under consideration by the State Duma of the Russian Federation and are devoted to the notarization of mediation agreements.

INDISPUTABLE PROCEEDINGS IN THE CIVIL PROCESS OF RUSSIA - A PHENOMENON OF PROCEDURAL LAW

The article deals with the problem of the so-called “indisputable” cases resolved within the framework of special proceedings in civil proceedings. It was revealed that some of them have signs of a dispute about civil law, which is why they should be considered according to the rules of action proceedings. Thus, the cases of refusal to perform a notarial act, of a committed notarial act, seem to the author to be disputable due to the public law function implemented by the bodies of the notary. The presence of two parties with opposing interests characterizes cases of deprivation and limitation of legal capacity of a citizen, cases of adoption (adoption) of a child. At the same time, certain categories of civil cases related to the establishment of facts of legal significance, for the purpose of procedural economy, are proposed to be transferred to notaries. The idea of the indisputable nature of proceedings in cases of contesting the decisions of arbitration courts and the issuance of writ of execution against the decision of arbitration courts is substantiated, it is proposed to consider them according to the rules of special proceedings.

Notary tariff: Problems of ensuring constitutional balance in determining parameters

The article analyzes the problems of determining the procedure for financing notarial activities in the context of the constitutional requirement to achieve a balance between private and public interests. Turning to the historical and legal key to the development of approaches concerning the formation of the cost of notarial actions, the authors see the purpose of the formal revision of the regulatory rules as for establishing notarial tariffs only to support the approaches to determining the level of relevant fees that have already been established within the framework of the previous regulation. In this regard, the article notes the urgent need for a conceptual revision of approaches to building a system of self-financing of notarial activities. Without denying the admissibility of the participation of notarial bodies in determining its parameters, the authors, based on the nature of the notarial tariff, focus on the need for effective state supervision of its economic feasibility. At the same time, following the approach of bringing the formation of payment for notarial actions in any part to the subordinate level strengthens the requirements for ensuring economic proof of its size. Ultimately, we are talking about aiming to achieve a constitutional balance between the level of organization of notarial activity expected at the corresponding stage of development of society and the solvency of persons forced to apply for the performance of notarial acts. The article notes that the currently proposed system demonstrates at the regional level both significant deviations from the maximum tariff amount and significant differences in determining the procedure for calculating the regional tariff for a specific notarial act, although the objective reasons for this are not obvious. This demonstrates the need to analyze the relevant deviations from the standpoint of ensuring the principle of equality, which implies, among other things, differentiation of the tariff size based on constitutionally justified criteria.

PERPETUATION OF EVIDENCE IN NOTARIAL PRACTICE

The article examines the admissibility and relevance of evidence obtained during the commission of a notarial action to provide evidence, the specifics of the notarial action to inspect evidence posted on the Internet. The article discusses the signs of admissibility and relevance of evidence obtained during the performance of a notarial act to secure evidence, the features of performing a notarial act to inspect evidence using the example of information contained on the Internet telecommunications network.

NOTARIZATION OF MEDIATION AGREEMENT: PROCEDURAL CONDITIONS

In 2019, amendments were made to the Fundamentals of the Legislation of the Russian Federation on Notaries, which expanded the list of notarial actions. In particular, such an action as notarization of a mediation agreement has appeared. At the same time, the legislation on enforcement proceedings and the law on mediation were changed. The authors propose to distinguish two components when performing this notarial act: analyze compliance with the procedural conditions for concluding a mediation agreement and check the legality of the content of the mediation agreement. This article is devoted to procedural conditions; the authors indicate what exactly the notary should check in relation to the mediator and the mediation procedure. The article discusses documents confirming the requirements for the mediator, compliance with the rules of the mediation procedure, and also indicates circumstances that can only be established on the basis of the assurances of the parties

DIGITAL TRANSFORMATION OF THE NOTARY AS A SOLUTION TO CURRENT PROBLEMS WHEN PERFORMING NOTARIAL ACTIONS

Currently, the notary is at the next stage of digital transformation, when the notary solves tasks of a new scale to ensure the stability of the digital economy and civil turnover. In the conditions of the natural development of the state and society, there is a need to use and develop new means and methods necessary to ensure the protection of the rights of citizens and legal entities. Meanwhile, despite the attempts made to improve both the notary system itself, the use of electronic services, and the legislation on notaries, modern socio-economic and political processes cause an urgent need to consider the issue of modernizing the methods of performing notarial actions performed outside the premises of a notary office. Within the framework of this study, some topical problems of law enforcement practice when a notary performs a notarial act outside the premises of a notary office are highlighted and ways to solve them are proposed.

Виконання зобов’язання внесенням боргу на рахунок ЕСКРОУ як альтернатива його внесенню на депозит нотаріуса за законодавством України

Annotation. The article deals with the extension of the scope of an escrow account contract application in Ukraine. Amendments were made to Article 537 of the Civil Code of Ukraine, which introduced the possibility of fulfilling the obligation by the debtor by depositing cash or securities into the escrow account. The author analyzes the conditions envisaged by law under which the aforementioned mechanism is available for use. Based on the study of regulatory legal acts of the National Bank, the author establishes the algorithm of actions in case of its application, in particular, the procedure for the participation of a notary. The author analyzes and compares the legislative provisions on the procedure for returning funds to the person who deposited them in order to fulfill an obligation into the deposit of a notary and into the escrow account. In this context, the author analyzes the meaning of the term "depositor" in the legislation on the depository system and in the Procedure for Notarial Acts by Notaries of Ukraine, and draws conclusions about the differences in their meaning. It is found out that the return of monetary amounts and securities to the person who deposited them with a notary is allowed only with the consent of the creditor, which must be in writing. At the same time, termination of the escrow account contract is also permitted only upon receipt of the beneficiary’s written consent. The possibility of returning funds without his consent exists only if there is a relevant court decision. The author examines the peculiarities of an escrow account contract in the context of the beneficiary’s right to instruct the bank to transfer funds from the account to another person, as well as the period during which funds may be received from it as compared to a notary’s deposit. The author clarifies the procedure for protecting the rights and interests of a person who has been unreasonably denied a notarial act such as acceptance of a sum of money or securities from a debtor and crediting them to an escrow account. The author proposes to amend the Law of Ukraine "On the Notary Office" in accordance with the new wording of Article 537 of the Civil Code of Ukraine with an indication of such type of notarial acts as acceptance of a debt from a debtor with opening of an escrow account.

Acknowledgment and Enforcement of Foreign Court Rulings, Arbitration Awards, Notarial Acts and Mediation Agreements Involving a Foreign Element: Are an International Treaty and Reciprocity Needed?

Acknowledgment and Enforcement of Foreign Court Rulings, Arbitration Awards, Notarial Acts and Mediation Agreements Involving a Foreign Element: Are an International Treaty and Reciprocity Needed?

Legal liability of the notary for violation of notarial secrecy in Ukraine

The article is devoted to the investigation of the issue of notarial secrecy as an integral part of the notary’s activity, and consideration of the problems of the notary's liability for violation of notarial secrecy. Theoretical, legislative, and practical aspects of notarial secrecy and its enforcement are analyzed. The authors of the article noted that according to the current legislation of Ukraine, a notary must bear legal responsibility for the violation of notarial secrecy. However, the lack of a clear definition of the criteria for violation of notarial secrecy and precise regulation at the legislative level of responsibility for such violations complicates the practice of prosecuting a notary public for violation of notarial secrecy. Cancellation of the certificate of the right to engage in notarial activity refers to exceptional cases of establishing the notary's liability for breach of notarial secrecy. It is emphasized that if a person has given consent to the dissemination of information about the performance of a notarial act, then this cannot be a reason for annulment of the certificate of the right to engage in notarial activity, which is confirmed by the presence of the Supreme Court’s decision. However, in case of significant damage to the rights and interests of individuals, legal entities, or the state, it seems necessary to apply stricter immediate measures to the notary to ensure the rights of other persons and restore trust in the profession. The authors come to the conclusion that for violating the secrecy of notarial acts, the notary must bear administrative and, in some cases, criminal liability, since the existing liability does not include punishment for causing harm to other persons, including for disclosing information constituting notarial secrecy. This kind of violation can cause significant harm to other persons, in particular, violate their constitutional right to privacy and confidentiality. In addition, the norms of administrative and criminal liability should be constructively constructed and established at the legislative level, the bodies of administrative and criminal jurisdiction should be defined to ensure transparency and clarity of the procedures for the application of appropriate sanctions provided for by law, taking into account the degree of damage caused.

Notary public as subject of notarial process

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.

Reforming the institute of notary institute in the modern conditions of European integration

The scientific article is devoted to the process of reforming and improving the notary institution in accordance with international standards. Consideration of ways to reform the notary as a complex problem should ensure the success of such reform and stable functioning of the system. Taking into account the needs of civil circulation, we can talk about the relevance of the topic raised in the article, its scientific and applied nature and unconditional connection with notarial practice. 
 The notary reform is primarily a benefit for people, because the implementation of the planned will save time and money of citizens and businesses, ensure the availability of notarial actions, overcome corruption in the field of justice, create reliable protection against fraud, significantly save the state budget, and finally move to the standards of the European Union. 
 Today, significant economic and political changes are taking place in Ukraine, which significantly affect the process of notary reform.
 The implementation of the reform involves three strategic steps. Firstly, the introduction of an electronic notary system. This project is designed to improve the quality of notarial actions by reducing the time to perform the action and protecting the notarial document from forgery.
 In particular, the large-scale digitization of notarial activity involves: the rejection of keeping paper books of notary activities; reducing the number of documents that a person must submit to perform a notarial act; automation of a number of processes in the activity of notaries; effective information interaction between state information resources; maintaining a notarial archive in electronic form.
 A full technical and economic analysis of E-notary has already been prepared. It is planned that the first stage of the «pilot» with the notary's electronic workplace will be launched by the end of 2020.
 The next step is the transition to a single notary. This will make it possible to consolidate the unified status of a notary in Ukraine, abandoning the system of dividing notaries into public and private ones, as was done in many European states. The transition to a single notary office will involve the gradual termination of the activities of state notary offices, and therefore will allow a significant reduction of state expenses for their maintenance, which will contribute to the saving of budget funds. A concept of measures has been developed that will guarantee the availability of basic notarial actions for socially vulnerable sections of the population. The number of actions that notaries can perform will also be significantly expanded. The notary will have the right to register marriages, divorces, provide evidence, etc.
 And the third step is self-regulation of the notary profession. An important aspect in the implementation of the transition to a unified notary is the transfer of a number of powers to the body of professional self-government of notaries, in particular: to exercise control over the organization of notary activities, record keeping, compliance with the rules of the Code of Professional Ethics of Notaries, to organize an increase in the professional level of notaries, as well as to create conditions for an even territorial distribution of workers places of notaries, so that citizens from the most remote corners of our country have access to notarial acts. Certain steps in the direction of self-regulation have already been taken. We have changed the composition of the Higher Qualification Commission of the Notary. Now, its composition includes only 3 representatives of the Ministry of Justice of Ukraine and 11 private notaries, that is, control over the decisions of the HCPC has already been transferred to the notary community. The implementation of the reform will make it possible to lay a solid foundation for the formation and development of a Latin-type notary in Ukraine, which is a world standard in the field of protection of the rights and legitimate interests of citizens.
 Reforming is a long process that depends not only on the aspirations of the Ministry of Justice and notaries, but also on the political and socio-economic situation in the country.

The officials of local government bodies as subjects of notarial procedural legal relationship

The article deals with the scientific and practical analysis of the legal position of an official of a local self-government body as one of the subjects of a notarial procedural legal relationship on the part of a person who performs a notarial act. It is argued that the changes in the legislation, as a result of which the right to perform notarial acts was granted only to local self-government bodies in rural settlements, are unfounded. The specified changes have led to a deterioration in the provision of notarial services to the population, which makes it necessary to return to the situation that existed before. At the same time, the performance of individual notarial actions by officials of local self-government bodies should generally be considered as the authority of the local self-government body, and not as the creation of some kind of competition for notaries available in the area. The reasons for granting local self-government officials the right to perform notarial acts in the field of inheritance require approval. However, the big problems in practice that arose as a result of this negated all the positives and raised questions about the expediency of the existence of the corresponding subject competence of these officials. Agreeing with the higher qualification requirements for officials of local self-government bodies who perform notarial acts regarding inheritance, the author of the article notes their extremely high level, which actually leads to the impossibility of implementing the relevant provisions in practice.
 A conclusion was made regarding the need to grant the right to perform a certain amount of notarial acts to authorized officials of local self-government bodies of all settlements, regardless of whether this settlement is rural or urban, as well as regardless of whether this settlement has a notary public.

The Certificate of Inheritance – Legal Nature and Probative Value

The certificate of inheritance is the final act of the notary succession procedure which serves as proof of the quality of the heir and the property right of the accepted heirs over the goods of the successor mass, in the amount awarded to each heir. Doctrine and specialty literature continue to express controversy regarding this notary act, even in light of new provisions of the Civil Code. Consequently, the current paper aims to analyze the legal nature and the probative value of the certificate of inheritance, regarding the internal legal provisions as well as the European ones, by considering the decisions of national courts and the Court of Justice of the European Union.

NOTARIAL ACTIONS IN THE “CELL”. PROBLEMS OF THEORY AND LAW ENFORCEMENT PRACTICE

Despite the attempts made to improve both the notarial system itself and the legislation on notaries, modern socioeconomic and political processes cause an urgent need to consider alternative forms of notarial acts that are more flexible and mobile, provided that the established by the Constitution of the Russian Federation and Legislation on the notary of the rights and guarantees of persons who apply to the notary. Within the framework of this study, some problems of law enforcement practice in connection with the performance of a notarial act by a notary in institutions of the penitentiary system are highlighted and ways to solve them are proposed.

Classification of notarial functions

The article classifies the notarial functions by defining the concept of "notarial functions", identifies unexplored aspects of the notarial functions, defines the main function of the notary. Both general theoretical and special methods became the methodological basis of the research. The method of comparative analysis makes it possible to define the concept of notarial functions. The dialectical method made it possible to reveal the nature and content of notarial functions, to classify them. It has been clarified, that the law determines that the purpose and, therefore, the final result of the performance of a notarial act is to give legal certainty to rights and facts that have legal significance, and this, in turn, establishes that since the rights or facts are notarized, then they should be recognized by participants in civil legal relations as indisputable and unquestionable. The main role of the notary is established, which is manifested in ensuring non-dispute in civil legal relations. The norms of national legislation, through which the law-defensive and law-protective functions of the notary are implemented, are considered. It was studied which functions complement the notarial function, and which have a different legal nature, as well as what effect the granting of the function of the state registrar to notaries had on the notarial functions. The concept of "notarial functions" is defined as the main directions or types of activity of the notary, which express the role and purpose of the notary in society and the state, its social value and most important features. Notarial functions are classified by the main function (the notarial function, which consists in ensuring non-dispute in civil legal relations and includes law-defensive, law-protective and law-regulatory functions of the notary), derivative functions (registration functions), additional functions (function of the state registrar, subject of primary financial monitoring, mediator, fiscal function)