THE PROBLEM OF CLASSIFICATION OF NOTARIAL PROCEEDINGS: CURRENT STATE AND WAYS OF IMPROVEMENT

Abstract

The article is devoted to the problem of systematization of individual notarial actions depending on their purpose in a group of notarial proceedings. Considering various criteria for the classification of notarial proceedings, the author emphasizes the importance of the distribution of notarial actions depending on the purpose and legal content. It is this division that has practical value for notarial activity, as it reveals the general essence of notarial proceedings as a fundamental element of the notarial process. Also, the classification of notarial proceedings is important in view of the multifaceted nature of notarial acts, which contributes to the improvement of the procedure for their implementation and the process of scientific research of the procedure for performing specific actions by a notary. It was established that certification of indisputable facts, certification of indisputable rights, giving documents executive power and taking measures to protect property are not only the tasks of the notary, but also those groups of notarial proceedings that unite around themselves notarial acts, which defined in Article 34 of the Law of Ukraine «On Notaries» notarial acts. At the same time, such a notarial act as issuing a duplicate of a notarial document should be classified as a separate auxiliary notarial proceeding, as it is derived from a previously performed notarial act. The author concludes that the issues of classification of notarial proceedings have been comprehensively clarified at the scientific level, but have not been properly reflected in the Law of Ukraine «On Notaries». Therefore, in order to improve the notarial activity, it is proposed to enshrine in the notarial procedural legislation the relevant provisions on the types of notarial proceedings.