Окремі аспекти правового регулювання діяльності інституту нотаріату в умовах дії воєнного стану в Україні. Актуальні проблеми вдосконалення чинного законодавства України.

Abstract

The scientific article examines the introduction of restrictive measures in the activities of the notary in the context of the war in Ukraine as an important social and legal institution. The position on the need to ensure the balance of private interests of notaries for professional implementation and public interests in the introduction of any restrictions on the implementation of notarial activities with the priority of the interests of society and ensuring the stability of civil circulation, inviolability of property rights and avoiding risks is expressed, which may occur in the case of the untimely introduction of such restrictions in the state as a whole. The author of the article positively assesses the timeliness and essence of restrictive measures in the field of notaries, which in conditions of martial law are absolutely relevant and aimed primarily at protecting the public interests of society and every citizen of Ukraine. These restrictions do not contradict the approach to implementation of this activity, which is laid down by the legislation on notaries, and offer legal instruments for certain restrictions only for the period of martial law. Attention is paid to the fact that the by-laws of the normative-legal acts of the Cabinet of Ministers of Ukraine regarding the organization of a notary in the conditions of war, both as a whole and regarding certain of their provisions, do not contradict the provisions of the Constitution of Ukraine and the Law of Ukraine «on Notary», are constitutional, and meet the challenges of martial law of a restrictive nature. Analysis of various restrictive measures is carried out, in particular the moratorium on notarial acts at the request of citizens of the Russian Federation or legal entities, in which the owner of a substantial share or ultimate beneficiary is the citizen of the Russian Federation; changes in the state registration in the conditions of martial law; questions about the possibility of continuing their professional activities by notaries; The problems of including notaries in the list of notaries approved by the Ministry of Justice of Ukraine, which in the conditions of martial law perform notarial actions regarding valuable property. The characteristic of the conditions for the inclusion of notaries in the specified list makes it possible to assert their closed nature, the impossibility of extended interpretation and distribution on all notaries in Ukraine, in connection with which a unified approach to the formation of an established practice of legal regulation of the organization of notaries and the prevention of potential offenses in the conduct of notarial activities is introduced. It is noted that this list is constantly updated, taking into account the requests of notaries and their compliance with the conditions of inclusion in it. It is indicated that the rights and legitimate interests of notaries who are illegally excluded from the list of notaries who in the conditions of martial law, perform notarial actions regarding valuable property can be protected by means of existing methods and forms of protection, corresponding to the essence of the violated right in accordance with the Constitution and laws of Ukraine.