ADMINISTRATIVE AND LEGAL BASIS OF THE ACTIVITY OF THE NOTARIAN INSTITUTE IN THE FIELD OF IMPLEMENTATION OF THE HUMAN RIGHTS FUNCTION IN UKRAINE
Journal Title: «Приватне та публічне право» - Year 2018, Vol 2, Issue
Abstract
The article is devoted to the study of the administrative and legal principles of the activity of the notary institution in the sphere of realization of the human rights protection function of the state. The protection of the rights, freedoms and legitimate interests of man and citizen is a priority task of the Ukrainian state. Of importance in the implementation of the human rights function of the state is its administrative and legal support, which promotes the organization and proper functioning of the domestic human rights protection system. A key element of the administrative and legal framework for the implementation of the human rights protection function is the relevant system of subjects, among which the institution of the notary occupies an important place. It is noted that the institution of notary takes specific place in the implementation of human rights functions of the state, due to both a public and private legal nature of its operation. By its legal nature, the notary is a unique institution. On the one hand, the notary is not a public authority. On the other – a notary public or other public bodies entrusted with responsibilities certify law and the facts of legal significance, and other activities related to the notary in order provide them with legal certainty. There are also private notaries in the notary’s system. Along with this, notaries are civil society, as is a self-governing professional community notaries carrying out notarial activities on behalf of the state for the benefit of the whole state and society while ensuring and creating conditions for the realization of the rights, freedoms and legitimate interests of any – any subject of legal relationship. Under the Notary Institution it is proposed to understand the totality of entities authorized by the state, whose activities are aimed at ensuring the realization of protection and protection of the rights, freedoms and legal interests of individuals and legal entities, territorial communities and the state in the notarial sphere. The subjects, authorized to carry out notarial activity in the field of protection of rights, freedoms and legal interests of physical and legal persons are singled out. It was emphasized that the notary institution not only carries out the human rights protection function of the state, but also ensures its proper implementation. The commission of notarial acts as a service in the field of law is one of the varieties of legal aid. Accordingly, the activities of the notary are aimed, first all, at raising the level of legal education of the population, ensuring the rights, freedoms and legitimate interests of citizens and providing high- quality legal assistance. At the same time, the legal assistance provided by the notary does not have a formalized nature, since, in the event of doubt as to the conformity of the transaction with the law or with the intentions of the parties, the notary is obliged to refuse to perform a notarial act or to suspend its commission. There ensuring the realization of human rights protection by a notary is to protect the rights, freedoms and legitimate interests of individuals and legal entities, and to prevent future violations of the rights, freedoms and legitimate interests of persons who have addressed a notary public. It was stated that the administrative and legal principles of the activity of the notary in the field of protection of the rights, freedoms and legal interests of individuals and legal entities consist in the organization of the activities of the notary, the control of notarial activities, the cooperation of the notary with the public authorities, the exercise of notarial activities by state notaries and other public sub- in accordance with the Law of Ukraine “On Notary”, providing administrative services to state and private notaries.
Authors and Affiliations
О. Л. Стасюк
Keywords
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