The development and the complication of notarial legal relations put on the agenda the issue of reforming notarial legislation, which is now presented haphazardly, and therefore requires codification. However, for the implementation of this task, first, theoretical developments are needed regarding the selection and systematization of existing ones, as well as the development of new general and special rules for the performance of notary proceedings. In addition, the participation of children in notary proceedings is still practically unregulated, which causes the need for relevant scientific research.

The purpose of the study is to develop theoretical concepts for resolving unresolved issues related to notary proceedings with children, which should help specify the powers of legal representatives, provide children with the opportunity to participate in notary proceedings in person, introduce sub-representation of children in the notarial process and also to establish a range of transactions that require the consent of the guardianship and custody bodies, so that all others that don’t need such consent could be committed without hindrance and without complications.

The author explores various issues of children’s participation in notary proceedings and representation of their interests, as well as the participation of guardianship and custody bodies in the commission of transactions involving children. It is substantiated that in case of parents’ application to the notary as legal representatives of children, the legal capacity of parents and the authority to enter into a transaction on behalf of children is determined and limited by the consent of guardianship and custody bodies. It is proved that in cases when a minor applies for a transaction, the limits of his legal capacity are also set by two consents: the consent of the parents and the permission of the guardianship and custody bodies to commit the transaction. It is proposed to make changes in the legislation, providing for the possibility of sub-representation of the interests of young children in notary proceedings by a professional lawyer. The international experience in protection of children’s rights in notary proceedings was also studied.

The author concluded that the procedure of replacement of the legal representative in the notarial process is not provided by law, as in civil proceedings, which requires legislative regulation. In the case of real estate transactions or other notarized transactions by persons other than the child’s parents, as well as when concluding contracts for the benefit of children, the consent of the guardianship and custody bodies should not be required.

Bibliography

Authored books

1. Komarov V ta Barankova V, Notariat v Ukraini: pidruchnyk (Pravo 2011) (in Ukrainian).

2. Diakovych M, Notarialne pravo Ukrainy (Alerta, TsUL, KNT 2009) (in Ukrainian).

3. Fursa S ta Fursa Ye, Notariat v Ukraini. Zahalna chastyna: navchalnyi posibnyk (Venturi 1999) (in Ukrainian).

Edited books

 4. Fursa S (zah red), Simeine pravo: Notariat. Advokatura. Sud: naukovo-praktychnyi posibnyk z informatsiinym dodatkom na lazernomu nosii, kn 1 (Vydavets Fursa S Ya 2005) (in Ukrainian).

5. Fursa S (zah red), Teoriia notarialnoho protsesu: naukovo-praktychnyi posibnyk (Alerta, Tsentr uchbovoi literatury 2012) (in Ukrainian).

6. Fursa S (zah red), Notariat Ukrainy, kn 1: Orhanizatsiia notariatu z praktykumom: pidruchnyk (3-tie vyd, dopovn i pererobl, Alerta 2015) (in Ukrainian).

Journal articles

7. Diachkova N ta Kuhot Ye, ‘Emansypatsiia nepovnolitnikh za tsyvilnym zakonodavstvom Ukrainy’ (2012) 3 Pravo i Bezpeka 297–301 (in Ukrainian).

Theses

8. Fursa S, ‘Teoretychni osnovy notarialnoho protsesu v Ukraini’ (avtoref dys d-ra yuryd nauk, 2003) (in Ukrainian)

9. Pantaliienko Ya, ‘Protsedura vchynennia notarialnykh provadzhen’ (avtoref dys kand yuryd nauk, 2010) (in Ukrainian).

Websites

 10. Kiriushyn A, ‘Zghoda orhanu opiky na prodazh zhytla u yakomu zareiestrovana dytyna, ale yake ne nalezhyt yii batkam, NE POTRIBNA (VS/KTsS № 1612/2343/12 vid 20.03.2019)’ <https://protocol.ua/ua/vs_ktss_zgoda_organu> (accessed: 24.08.2020) (in Ukrainian).