The current state of problems in the activities of Ukrainian consuls in notarial proceedings abroad is evidenced by the case law and scientific work of scientists, who are increasingly focusing on in-depth and systematic research to expand the list of notarial acts to be performed by consuls. Therefore, scholars should study not only notarial proceedings on the application, signature or copy of the document, but proceedings related to inheritance, family, business relations, including shipping, but such proceedings require in-depth knowledge of the consuls as material, and procedural law.

The purpose of this scientific article is to formulate hypotheses about the need to improve the activities of consuls to carry out maritime protests both at the level of international law and to improve the relevant national legislation and modern notarial and consular practices. Modern Ukrainian notarial practice has a tendency to implement foreign experience, so we will focus on the comparative nature of the study, which will stimulate discussion of the author’s hypotheses not only Ukrainian but also foreign scholars who study similar problems.

This scientific work is an analysis of the material and procedural nature of the consul’s notarial proceedings as a maritime protest. Significant steps can now be taken to conduct in-depth analyzes of the origins of problems arising from the conclusion of maritime contracts, their insurance, and consular activities to perform such a notarial act as a maritime protest, which is one way to provide evidence in case of sea freight, force majeure.

We believe that the origins of such problems lie in the substantive legislation of Ukraine and in the procedural, in particular, which regulates the activities of the consul to perform notarial acts, which for a long time remains without significant conceptual improvement.

In the conclusions, the author provides an analysis of different approaches in different countries to record those cases that occurred during transportation and led to the loss, damage or late delivery of luggage. The legal basis for maritime protests can be recognized as the Hamburg Rules, which do not always provide an opportunity to unambiguously shape the essence of maritime protests, preconditions and conditions for its implementation in a particular legal situation, and only generally define the concept of «carrier» and other entities. and interests involved in maritime transport.

It is proposed to improve the form of the Maritime Protest Act, the list of questions to be answered in it, justified the need to coordinate the activities of consuls in maritime protest with surveying (expert) inspection of the vessel.

 Based on the principle of reciprocity, which is regulated in Art. 347 of the Code of Merchant Shipping of Ukraine proved that the possibility of consular representatives of foreign states maritime protests in Ukraine depends on the permission in these countries to make appropriate notarial deeds to Ukrainian consuls in their territory.

Therefore, there should be a list of countries where the powers of the consuls of Ukraine will include maritime protest and the act of maritime protest becomes an admissible means of proof. This provision should be an essential condition of legal aid agreements between Ukraine and foreign countries, which not only belong to maritime states, but also have ports on their territory, which are used by seagoing vessels for loading or unloading.

Bibliography

Edited books

1. Fursa S Ya, Fursa Ye I, ‘Vchynennia morskykh protestiv’ v Teoriia notarialnoho protsesu (Fursa S red, Alerta 2012) (in Ukrainian).

Journal articles

 2. Dobrovolskyi V, ‘Mizhnarodni morski torhovelni perevezennia: naukovyi analiz istorii yikh pravovoho rehuliuvannia ta neobkhidnist yoho unifikatsii nyni’ (2021) 1 Chasopys Kyivskoho universytetu prava 201–7 (in Ukrainian).

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Theses

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7. Spaska M, ‘Dohovir morskoho strakhuvannia’ (avtoref dys kand yuryd nauk, 2007) (in Ukrainian).

Websites

8. Sea Protests <https://www.pfri.uniri.hr/bopri/documents/27_LettersofProtest_000. pdf> (accessed: 10.04.2022) (in English).

9. Shilavadra Bhattacharjee, ‘What is Note of Protest (NoP) On Ships?’ (22.12.2021) <https://www.marineinsight.com/guidelines/note-of-protest-nop-on-ships> (accessed: 10.04.2022) (in English).