ОRIGIN OF LEGAL PROVISION OF NOTARIAL ACTIVITY IN UKRAINE: HISTORICAL AND LEGAL ASPECT

Abstract

The purpose of the article is to establish the legal preconditions for the emergence of legal support for notarial activities in independent Ukraine, as well as historical and legal analysis of the regulations governing notarial activities for the period from August 1991 to December 1993. The author identifies and proves the relevance of scientific research of historical and legal aspects of the emergence of legal support for notarial activities in Ukraine. It is proved that in the current conditions of reforming and strengthening the legal support of notarial activity in Ukraine, first of all, it is important to conduct a critical analysis of the history of legal support of notarial activity in Ukraine. the system inherited: first, the system of Soviet notariate, and secondly, the relevant legal regulation of notarial activities, which was based on regulations adopted by public authorities at the union and republican levels. The methodological basis of the work is the historical and legal method of research, which is used through the prism of the foundation of knowledge on the principle of historicism. The principle of historicism has defined the general strategy of studying the historical and legal aspects of the emergence of legal support for notarial activities in Ukraine. The use of the historical-legal method allowed to critically analyze the provisions of normative legal acts to assess the state of legal support of notarial activity in Ukraine in the period 1991-1993. The scientific novelty of the study is due to the fact that the article is a modern scientific study, which identifies and characterizes the legal prerequisites for the emergence of legal support for notarial activities in independent Ukraine, provides a critical analysis of regulations governing notarial activities for the period from August 1991 to December 1993. The study substantiated a set of conclusions, which revealed that the legal support of notarial activities in Ukraine within the period outlined by us was represented by the Soviet model, based on the model of the mechanism of notarial activities, which included legal consolidation: 1) sub objects of notarial activity and their legal status (powers, responsibilities, etc.); 2) procedural aspects of notarial activity (grounds, conditions and procedure for performing notarial acts, legal means of guaranteeing notarial activity, etc.); 3) the legal significance of the results of notarial activities (legal characteristics of notarial acts, their significance for the legal sphere of life of the subjects, the possibility of guaranteeing and protecting the rights and legitimate interests of the subjects of law, etc.).