FOREIGN EXPERIENCE OF APPEALS OF DECISIONS, ACTIONS OR INACTIONS OF NOTARY PUBLIC OFFICES, STATE REGISTRARS IN THE PROVISION OF PUBLIC SERVICES

Abstract

The scientific article is devoted to highlighting the foreign experience of challenging decisions, actions or inaction of notaries, state registrars in the provision of public services. The legislative and by-laws of post-Soviet states and EU countries regulating the provision of public services by notaries were considered, and the legal acts on the procedure for appealing decisions, actions or inactions of notaries, state registrars on the provision of public services were singled out. The legal basis for appealing the decisions, actions or inaction of notaries, state registrars for the provision of public services of foreign countries, including the countries of the European Union, has been clarified and defined. It was established that the analysis of the laws of foreign countries (Republic of Moldova dated November 8, 2002 "On Notary", Republic of Tajikistan dated April 16, 2012 "On State Notary", Republic of Uzbekistan dated December 26, 1996 "On Notary", Republic of Kazakhstan dated July 14, 1997. "About the notary", of the Kyrgyz Republic dated May 30, 1998. "About the notary", the Republic of Turkmenistan dated April 30, 1999. "About the state notary", the Republic of Azerbaijan dated November 26, 1999. "About the notary" and the Republic of Armenia dated December 27, 2001 "On Notary Publicity") gives reason to conclude that in these countries state control over the activities of notaries is divided into 2 types: judicial control over the performance of notarial actions and control over the performance of professional duties by notaries, which work in notary offices of justice bodies. It has been proven that the procedure for challenging the actions of notaries and state registrars in the abovementioned countries is quite traditional and practically identical, that is, administrative and judicial. The latter, as a rule, is provided for by civil procedural legislation. Attention has been drawn to the fact that the Ordinance on the status of notaries has been in force on the territory of the French Republic since 1945, according to which the activities of notaries are under prosecutorial supervision and control by the Ministry of Justice; in case of any violations, the notary is subject to disciplinary sanctions by professional (meaning the French Ministry of Justice) and judicial authorities.