Notarial Activities Research Articles

On the Legal System of the First Republic of Armenia (1918–1920)

Abstract This article examines the development of the judicial and legal systems in the First Republic of Armenia (1918–1920), highlighting key reforms and challenges. It explores the establishment of various courts, including conciliation, district, and appellate courts, as well as the introduction of a jury court and notarial activities. Despite progressive reforms aimed at democratizing the legal system, such as the creation of jury courts and the regulation of investigatory bodies, widespread malfeasance plagued state administration. Efforts to combat corruption through the establishment of the Extraordinary Investigative Commission and Extraordinary Court proved ineffective, leading to their abolition in 1920. The article also discusses the failure to adopt a constitution, largely due to the republic’s short-lived existence and unresolved political crises. This research draws on primary sources including materials from the National Archives of the Republic of Armenia, parliamentary and government session minutes from 1918–1920, official records, statistical data, periodicals, and contemporary writings.

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.

Проблемы квалификации и применения имущественной ответственности нотариуса: поиск модели правового регулирования

This article analyzes the legislation and law enforcement practice on the application of property liability measures in relation to a notary when he/she performs notarial activities. The features of the offense that determines the application of liability are considered, the practice of interpreting the condition of the notary’s guilt is criticized, and the confusion of the concepts of professional risk and guilt is established. The author comes to the conclusion about the civil-law nature of this liability, and considers it important to take into account its systemic nature in the general group of measures provided for minimizing the risks of participants in civil turnover, as having professional specificity.

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.

MEDIATION IN THE NOTARY: HARMONIOUS RESOLUTION OF LEGAL DISPUTES

This article is devoted to the study of the role and importance of mediation methods in the field of notary. The growing number of disputes related to notarial acts and agreements emphasizes the need for effective mechanisms for their settlement. The article highlights the advantages of using mediation as an alternative way to resolve conflicts in notarial matters. The authors examine the main principles and stages of the mediation process, as well as analyze examples of successful application of this approach in the notarial practice of Ukraine and the member states of the European Union. In particular, the article examines the possibilities of settling disputes regarding inheritance, concluding agreements between the parties, as well as other issues that often arise in notarial activities. Highlighting the experience of implementing mediation in notarial practice helps readers understand the advantages of this approach and its potential in resolving conflicts in the notary.

THE IMPORTANCE OF NOTARIAL ACTIVITY IN PROTECTING THE RIGHTS OF INDIVIDUALS AND LEGAL ENTITIES

This scientific article analyzes the importance of notarial activity in protecting the rights of individuals and legal entities, and separately highlights the features of the use of blockchain technology in the work of notaries, which is a promising direction for improving notarial activity and practice. The relevance of the study lies in the fact that the issues of digitalization and the use of blockchain technologies in notarial practice are currently poorly studied, which leads to increased interest in these issues. Constant scientific developments in this direction allow notaries to enrich their knowledge, develop skills and competencies, which is the basis for improving the quality and professionalism in the provision of notarial services. The purpose of the scientific article is the need to consider the aspects and features of notarial activity, and determine its impact on the protection of the rights and interests of various subjects of civil legal relations. The research methodology in a scientific article consists of using such methods of cognition as the dialectical method, analysis, synthesis, induction, deduction, generalization, modeling, forecasting. The results of the study are developed scientific and theoretical proposals on improving notarial activities, taking into account the use of digital technologies. Specifically, notarial actions were highlighted aimed at protecting the rights of individuals and legal entities for whom contacting a notary is a constant necessity. The obvious conclusion was that the study of notarial activities contributes to the search for new methods, technologies and approaches that can improve processes in this area, simplify procedures and increase the level of confidence in notarial acts.

Prospects for the Development of Mediation Institute in Notarial Activities

The article examines the prospects for the development of the institution of mediation in notarial activity, taking into account European documents recommending the introduction of mediation into national legal systems. The legal nature of mediation, including concepts, signs, principles, and legal status of the participants in the process, has been studied. The opinions of scientists regarding notarial mediation and the legislation and experience of countries where notarial mediation has been implemented are analyzed. The role of the notary in the legal system in general, as well as the elements of cross-border notarial mediation, the effectiveness of mediation in various categories of disputes are considered. It has been established that the professional approach of the notary in the mediation process ensures a high standard of services, guaranteeing the fairness and compliance of the procedure with the current requirements of the law. It was determined that the availability of notarial mediation for citizens is an important factor in solving legal issues, contributing to this tool’s widespread use among the population.

Exploring the nexus between law and morality: ethical considerations in legal studies

This publication aims to furnish a comprehensive examination of the ethical elements inherent in the roles of judges, prosecutors, attorneys, and notaries, elucidating their influence on the content of pertinent legal statutes governing the professional status of these legal vocations. The research employed various methodologies, encompassing the analytical method, the synthetic method, the method of scientific generalization, the method of interpreting legal norms, and the formal-logical method. The examination of legal understanding from a moral and ethical perspective involves the scrutiny of two principal concepts: the concept of natural law and the concept of legal positivism. This analytical framework enables the author to assert that a hallmark of progressive law-making lies in the adherence to not only the tenets of natural human rights but also moral and ethical principles during the formulation of legislative acts. In the context of the role and significance of ethics in the professional conduct of judges, prosecutors, attorneys, and notaries, the author undertakes an analysis of pertinent Ukrainian laws. It is asserted that within each of the examined legal enactments, ethical requirements assume a predominant role in the regulation of the legal status of practitioners in the specified legal professions. For instance, the non-violation of rules of professional ethics is delineated as a fundamental duty for specific categories of legal practitioners, with breaches serving as grounds not only for disciplinary consequences but also for the termination of the authority. Building upon the aforementioned observations, it is affirmed that the ethical dimensions of jurisprudence hold significance within contemporary legal discourse across three dimensions: adherence to moral and ethical principles in the crafting of legislative instruments; avoidance of breaches against ethical principles in the course of judicial, prosecutorial, attorney-at-law, and notarial activities; and the imperative that moral and ethical requirements remain inviolate during the preparation of legally consequential documents.

ФОРМУВАННЯ СИСТЕМИ КЛІЄНТСЬКОГО СЕРВІСУ ПРИ НАДАННІ НОТАРІАЛЬНИХ ПОСЛУГ

The article analyses the relevance and necessity of developing a customer service system in the field of notarial services. The author emphasises that the topic of forming a customer service system in notaries has not been developed, no special studies have been conducted, and there is no legislative regulation of this issue. The author examines the legal nature of notarial activity as a service activity which is of a public nature but is a client-oriented activity. The article proposes to develop the concept of a customer service system for the provision of notarial services in integration with the information and communication system of e-notary. The author refers to the formation of a cus-

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.

Securities as an Object of Estate Trust Management

Introduction: the specifics of the relationship of trust management of securities as part of the estate are mainly due to the characteristics of the object. Purpose: due to the problems of the legal definition of securities and their open-ended list, the gaps and contradictions in the legislation, the study aims to systematize the regulatory material and make recommendations to notaries and trust managers. As a result, the influence of the specific characteristics of securities on the relationship of trust management of them as part of the estate is revealed; the specifics of the procedure for describing an object during transfer to trust management, search, evaluation, etc. are determined. General conclusion: the law enforcement practice (within the framework of notarial activity) should not fill in existing gaps; a comprehensive improvement of the legislation on inheritance law and on the securities market is necessary.

Mediation in the administrative process

The article is devoted to the issues of the peculiarities of mediation in the administrative process of Ukraine as a kind of alternative methods of conflict resolution, which needs improvement and development, taking into account international norms and national needs.
 It was found that in the process of reforming the judicial and law enforcement system, the issue of simplified dispute resolution procedures became relevant, in particular, we are talking about alternative methods (mediation, negotiations, etc.). This approach will make it possible to relieve the courts, speed up the resolution of disputes and help maintain friendly relations between the parties participating in the mediation process.
 It was emphasized that in Ukraine there are a number of cases in administrative proceedings that can be resolved in an alternative way. Alternative means of resolving administrative disputes will allow dynamic resolution of conflicts, in particular those related to traffic accidents, offenses in the field of labor protection and others, the settlement of which is possible under the legislation of Ukraine through the mediation procedure.
 It is noted that the Law of Ukraine "On Mediation” is in effect in Ukraine, the norms of which determine the peculiarities of mediation in civil, economic, administrative proceedings, in the field of notarial activity, modify social relations and require the use of special techniques, methods and methods of regulating mediation relations in legal processes.
 Attention is focused on the fact that for mediation in the administrative process it is important to observe the norms of ethical behavior, in particular, the mediator's code of ethics. In Ukraine today, the unified rules of ethical behavior of the mediator and participants in the mediation process are not legislated. Such rules are adopted by public associations based on the European Code of Conduct for Mediators.
 In administrative and legal practice, the experience of mediation is new, but, as practice shows, it is promising and in demand. The mediation procedure will help resolve the dispute positively for all parties, saving time and money as much as possible, and will also help the parties remain on good terms with each other.

Нотариальные действия как эффективное средство защиты корпоративных прав

rantee of public authenticity for third parties cooperating with parties to corporate relations. The preferable term to use in respect of notarial actions in the corporate sphere is “protection means” as this term is a universal and generalizing concept that includes means that determine the right protection form and means that determine the protection method. The term protection is used in respect of notarial actions rather than defense of corporate rights because notarial activities are aimed in this case at prevention of a violation of rights through creation of legal certainty, the initiative is promoted by parties to corporate relations who engage notaries in legally established cases or voluntarily to ensure public authenticity of corporate resolutions, acts, agreements.

THE IMPORTANCE OF NOTARIAL ACTIVITY IN PROTECTING THE RIGHTS OF INDIVIDUALS AND LEGAL ENTITIES

This scientific article analyzes the importance of notarial activity in protecting the rights of individuals and legal entities, and separately highlights the features of the use of blockchain technology in the work of notaries, which is a promising direction for improving notarial activity and practice. The relevance of the study lies in the fact that the issues of digitalization and the use of blockchain technologies in notarial practice are currently poorly studied, which leads to increased interest in these issues. Constant scientific developments in this direction allow notaries to enrich their knowledge, develop skills and competencies, which is the basis for improving the quality and professionalism in the provision of notarial services. The purpose of the scientific article is the need to consider the aspects and features of notarial activity, and determine its impact on the protection of the rights and interests of various subjects of civil legal relations. The research methodology in a scientific article consists of using such methods of cognition as the dialectical method, analysis, synthesis, induction, deduction, generalization, modeling, forecasting. The results of the study are developed scientific and theoretical proposals on improving notarial activities, taking into account the use of digital technologies. Specifically, notarial actions were highlighted aimed at protecting the rights of individuals and legal entities for whom contacting a notary is a constant necessity. The obvious conclusion was that the study of notarial activities contributes to the search for new methods, technologies and approaches that can improve processes in this area, simplify procedures and increase the level of confidence in notarial acts.

Риски осуществления нотариальной деятельности в условиях цифровизации

The article discusses the issues and risks of notarial activities in the context of digitalization associated with the inheritance of cryptocurrency, foreign experience is studied (Germany, the Republic of Belarus and Kazakhstan).

NOTARIAL ACTIVITY – A CONTINUOUS CHALENGE

Notarial activity is undoubtedly characterized by a particular dynamism, with notaries public having to remain constantly in touch with the rapid pace of change in legislation and the frequent changes taking place in social life. In this paper, we aim to discuss just a few of the most recent legislative changes that have an impact on notarial activity and which have raised much concern among those required by law to apply them. As a result, we will refer to the paradigm shift in the protection of the individual, to the reintroduction of the tax on the transfer of ownership of real estate through inter vivos legal acts, to the multitude of existing registers in notarial matters, in which notaries public must make registrations, and which they have to interrogate/check, the mandatory application by notaries public of legislation in the field of preventing and combating money laundering and the financing of terrorism, as well as compulsory insurance of housing against earthquakes, landslides and floods.

History of appeal of notarial deeds or refusal to perform them in court in Ukraine (late 18th - early 20th centuries)

The article is devoted to judicial control over notarial activities during the times of Austrian and Russian rule on Ukrainian lands (end of the 18th - beginning of the 20th century).
 It is noted that the 19th century is a significant period for the domestic notary, since it is at this time that it is formed as an independent institution in the system of law enforcement agencies. Two types of notaries were built on Ukrainian lands as part of the Austrian and Russian empires: Latin and state. As a result, the author conducts a comparative legal study of the mechanism of challenging notarial actions or refusal to perform them in court in different types of notary offices that were built in Ukraine at that time.
 It is claimed that the Russian notarial legislation was based on the Austrian one, in particular the Austrian Notarial Order of 1855 was laid as the basis of the Russian Regulation on the Notarial Part of 1866.
 It is concluded that it was not possible to build a Latin-type notary in Russia due to the lack of civil society and the prerequisites for its formation, as well as the desire of the state to put notary bodies under its control.
 On the other hand, the mechanism of judicial control over the activities of notaries in the two empires was similar. A notary public could be subject to civil, criminal and disciplinary liability for failure to fulfill his duties. It was within the framework of the latter that the institution of judicial appeal of notarial acts or refusal to perform them developed. Disciplinary proceedings carried out by the courts (in Austria also by the notary chamber as a notary self-governing body) regarding the consideration of such complaints were carried out outside the civil process, but it was possible to file claims to challenge the legal force of notarial acts under the rules of civil procedure. This was allowed by both the Russian Statute of Civil Procedure of 1864 and the Austrian Civil Procedure Code of 1895.

An Intelligent Fusion Framework for Risk Assessment of Notarial Activities in the Digital Era: Balancing Speed and Legal Security with ICT

The integration of Information and Communication Technologies (ICT) into notarial activities has revolutionized the way procedures are processed by significantly enhancing speed and legal security, which are key aspects for user satisfaction. This shift responds to the growing demand for fast and secure notarial services, where efficiency and legal protection are priorities. Through the analysis conducted with the neutrosophic RAFSI method, risks derived from digitalization have been identified and classified, proposing effective solutions for their mitigation. Among these, the need to update regulations to adapt them to the digital context and the importance of training notaries in digital competencies and cyber security stand out. These measures are focused not only on streamlining notarial procedures but also on reinforcing trust in notarial services, marking a significant advance toward the modernization of notarial practice in the digital era. In conclusion, the fusion of ICT with notarial activities, supported by risk control and supervision, has effectively balanced service speed with legal security, meeting the current expectations of users.

LEGAL AND PROCEDURAL ASPECTS OF NOTARIAL PROTECTION IN UKRAINE AND IN FOREIGN COUNTRIES

The study is relevant due to the constant need to improve the legal system and its significant component, notaries. First of all, this is due to the need to take into account constant changes in society and technological breakthroughs in order to adapt notarial activities to new realities. In addition, the analysis of the theoretical foundations and regulatory framework of notaries in Ukraine in comparison with other countries helps to identify the advantages and disadvantages in national legislation and contributes to the improvement of legal norms. Therefore, the purpose of this study is to provide a theoretical and legal analysis of notarial protection in Ukraine and in certain foreign countries. This paper analyses the theoretical foundations and legal framework regulating notarial activity and defining the legal status of a notary in Ukraine and in some foreign countries of different legal systems. The article examines the role of the notary as a component of the legal order system, its tasks and peculiarities of organisation. The author identifies the main elements that constitute the legal status of a notary in Ukraine and in foreign countries. The author makes a comparative legal characterisation of the peculiarities of the legal status of a notary in the Latin and Anglo-Saxon notaries. Particular attention is paid to the legality, objectivity, independence and competence of notaries, who play a key role in ensuring the legal accuracy and legality of transactions. The article also discusses the support of notarial protection in Ukraine through the electronic document management system and electronic digital signature, which ensures the security and confidentiality of transactions. The article examines the role of notarial activity as a form of protection of subjective civil rights which complements other methods of legal protection. In particular, the author emphasises that notarial protection is a complement to other forms of protection, such as judicial and administrative protection, and identifies the need to analyse the legal status of notaries in other countries in order to improve national notarial legislation. It is proposed to take into account the experience of foreign legislators in rulemaking with a view to theoretical and legislative improvement of the legal status of notaries in Ukraine. Keywords: notary, notary, legal status of a notary, protection, form of protection, notarial protection, liability, contract, transaction.