The article is devoted to the theoretical and practical aspects of protection of the personal non-property rights in the notary’s process. Personal non-property rights recognized as the most valuable in the human rights system, therefore it`s important to prevent violations of these rights. In the notaries process this necessary to talk about the protection of personal non-property rights, as the notary is obliged to assist citizens, businesses, institutions and organizations in exercising their rights and protecting legitimate interests. In addition, the relevance of the chosen topic is evidenced by the fact that traditionally in Ukraine personal non-property rights are studied within the framework of substantive law, and therefore, researchers do not pay attention to research in the context of their implementation in procedural areas of law, including notary’s process.

The purpose of the article is to analyze the legislation, practice and scientific approaches to personal non-property legal relations, their legal regulation, normative consolidation, to study personal non-property legal relations in the notary’s process, to clarify possible violations of personal non-property rights and to formulate ways to prevent such violations. Notary during the performance of notaries acts.

It has been established that the legislator has not paid attention to personal nonproperty rights and their settlement in the notary’s process, unlike transactions related to material goods. However, the advantages of exercising personal non-property rights through notarized transactions, first of all, contracts, are obvious. Even consents arising from personal intangible assets are nothing more than transactions – whether unilateral or elements of contracts. It is the notary, as a specialist in the field of law, who will help to properly regulate personal non-property relations and prevent possible offenses.

The author comes to the conclusion about the complexity of the relationship between the notary and the client, and the presence of a “personal” component within the notary’s procedural legal relationship. Due to the importance of personal non-property rights for individuals and the simplified approach of the legislator to the settlement of these legal relations, it is necessary to address a number of issues: the establishment of a mandatory notaries form for certain transactions related to non-property rights; observance and protection of personal non-property rights at all stages of the notaries process; proper regulation of agreements on personal non-property rights and the procedure of notarization of transactions with personal non-property rights; proper protection of personal non-property rights of children in the notaries process, by involving guardianship and trusteeship bodies and obtaining their consent to enter into agreements with personal non-property rights.

Bibliography

Authored books

1. Bondar I, Osobysti nemainovi pravovidnosyny: notariat, sud, vykonavche provadzhennia (Alerta 2019) (in Ukrainian).

2. Ioffe O, Razvitie civilisticheskoj mysli v SSSR, ch I (Iz-vo Leningradskogo un-ta 1975) (in Russian).

Journal articles

3. Slipchenko S, ‘Zdatnist pravochyniv porodzhuvaty, zminiuvaty ta prypyniaty osobysti nemainovi prava’ [2015] 32 (2) Naukovyi visnyk Uzhhorodskoho natsionalnoho universytetu. Seriia: Pravo (in Ukrainian).

Conference papers

4. Krasavchikov O, ‘Grazhdansko-pravovoe regulirovanie lichnyh neimushhestvennyh otnoshenij i Svod zakonov Sovetskogo gosudarstva’ v Problemy garantij osushhestvlenija i zashhity prav grazhdan: Materialy nauchno-prakticheskoj konferencii, posvjashhjonnoj 175-letiju vozobnovlenija Tartuskogo universiteta (Izd-vo Tartuskogo gos un-ta 1977) (in Russian).

5. Yasechko S, ‘Problematyka pravochyniv z nematerialnymy blahamy’ v Aktualni problemy nauky i praktyky tsyvilnoho, zhytlovoho ta simeinoho prava: mater. Mizhnar. nauk.-prakt. konf., prysviachenoi 91-richchiu z dnia narodzhennia V. P. Maslova (Pravo 2013) (in Ukrainian).

Theses

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