STAGES OF THE NOTARIAL PROCESS: THEORETICAL AND LEGAL ANALYSIS

Kh. Markovych
2022 "International Humanitarian University Herald. Jurisprudence"  
The article is devoted to a comprehensive theoretical study of the stages of the notarial process. Particular attention is paid to the content of the stages of the notarial process and the notary actions in each of them. The opinions of scholars on the classification of stages of the notarial process are analyzed. It is noted that the first stage is the opening of notarial proceedings, which begins with the submission of an application by the person concerned and its acceptance by a notary. In
more » ... act, the opening of notarial proceeding acts as a fixation of the appeal of interested persons to the notary for the performance of a notarial act. The grounds for refusing to initiate notarial proceedings are considered. The opinions of scholars on the division of grounds for a refusal to open notarial proceedings into two groups are highlighted. It was found that another stage of the notarial process is preparation for the notarial process. At this stage, the notary identifies the facts to establish which you can ask for specific documents or ask others. It is essential at this stage to verify compliance with the rights of minors, individuals who don't participate in the performance of notarial acts. At this stage, the notary must check the objective and subjective conditions and decide on the possibility of notarial proceedings or refusal to do so. The main tasks at the preparation stage for notarial proceedings have been identified. When performing relatively simple notarial acts, in particular, witnessing the authenticity of the signature on the document, almost all stages of notarial proceedings are carried out simultaneously, and their separate allocation is hardly possible. Having completed a set of preparatory actions, the notary proceeds to the third stage -the direct performance of notarial proceedings. This stage consists of a set of procedural notary actions and other participants. The actions of the notary at this stage are revealed. The grounds for delay the notarial act are described. In such cases, the term of the notarial act may not exceed one month. It is especially important when performing a notarial act to ensure compliance with the rules of both substantive and procedural notarial law. It has been studied that compliance with the notarial procedural form is mandatory, as ignoring this requirement can lead to the loss of essentially correct notarial deed may lead to the invalidation of an essentially correct notarial deed.
doi:10.32841/2307-1745.2022.55.10 fatcat:glri24n2frhlfatu4sp4yncvc4