Notary in Ukraine has a special status, under the Law of Ukraine “On Notariat” and appears when state notary is entitled on the position or when notary private begins his practice in terms stated by the law. Notaries act in the measures of rules and procedures, process, determined by the law. The obligation of notariat is to protect and defend rights and legal interests of physical and juridical persons in the field of private legal relations. Notary daily secures realization of the whole range of rights and interests, determined by the Constitution of Ukraine that is why it is a needed element in the legal mechanism of each state. In our days development of the judicial reform and reform of notariat – is a real contribution in the formation of Ukraine as a legal state.

Profit and uniqueness of the notariat, in particular private, which was formed on the principles of Latin notariat, and its economic benefit for Ukrainian society, can be explained by the means of notariat as a provider of functions of legal protection, legitimacy and lawfulness of legal deeds with no expenses by the state. Besides that, modern notariat replaced successful performance of not only legal protection functions, but also fiscal and registration.

The purpose of this article is to overview and systematize under the settled in the doctrine of the notarial law and process criteria’s of the directions and approaches to the peculiar legal status of the notary in Ukraine and definition of tasks entitled to it by the state. It is stated, that notariat is a guarantor of lawfulness of deeds and provides realization of the desirable legal consequences through authentication of rights and legal facts. Along with that, he provides a wide spectrum of other notarial acts, in order to entitle them with the legal power, he ensures protection and defend of the rights and legal interests of physical and juridical persons. Contribution of notary in the realization of rights is provided also through the legal consultations, so that lack of legal knowledge could not result in damage.

 In article, we enlighten new approaches to the legal status of notary and its place in the legal system. In particular, it is proposed to reform Ukrainian notariat in the course of creation of such legal institute which will became a part of the system of jurisdictional bodies, and notary would provide one of the functions of legal protection – protection and defense of rights and legal interests of citizens and juridical persons. Creation of electronic notariat, provision of wider range of services, which are to be performed by notaries, leads to the substitution of authentication of legal facts by notaries, to the opportunity to perform services of state acts registration, such tendency need a particular attention from legislator and notarial community, and their cooperation. As a conclusion it is singled out, that the main task of notarial community, being engaged is this process, not to waste the main – notary as a profession with its peculiarities, determined by the law, which singles out notary as representative of jurisdictional body, who entitled to bear a function of protection and of rights and legal interests of citizens and juridical persons.

In order to provide a practical aspect of modern approaches to the legal status ofnotary in this scientific research author proposes a concrete changes to the acting law, in particular Civil Code of Ukraine and Law of Ukraine “On Notariat”.

Bibliography

Authored books

1. Fursa S ta Fursa Ye, Notariat v Ukraini: teoriia i praktyka: navchalnyi posibnyk (ASK 2001) (in Ukrainian).

2. Grjadov A, Dokazatel’stvennaja sila notarial’nogo akta v prave Rossii i Francii (sravnitel’no-pravovoe issledovanie) (Infotropik Media 2012) (in Russian).

Journal articles

3. Medvedev I, ‘Analiticheskij obzor po materialam raboty poslednih kongressov Mezhdunarodnogo sojuza latinskogo notariata’ (2003) 1 Centr notarial’nyh issledovanij: materialy i stat’i 103 (in Russian).

Websites

4. ‘Notariusy zaproponuvaly svoiu Kontseptsiiu reformuvannia ukrainskoho notariatu’ (Notarialna Palata Ukrainy, 2017) <http://npu.in.ua/novini/press_reliz_140617#> (accessed: 20.08.2020) (in Ukrainian).

5. Marchenko V, ‘5 naivazhlyvishykh zmin, neobkhidnykh notariatu’ (Liha i Zakon, 2019) <https://jurliga.ligazakon.net/experts/252/899_5-nayvazhlivshikh-zmn-neobkhdnikhnotaratuukrani> (accessed: 20.08.2020) (in Ukrainian).

 6. Marchenko V ta Zheltukhin Ye, ‘Notariat u fokusi reform’ (Iurydychna hazeta, 2017) <https://yur-gazeta.com/interview/notariat-u-fokusi-reform.html> (accessed: 20.08.2020) (in Ukrainian).