The scientific-practical Law Journal
“Almanac of Law” Volume 12 (2021), 277-281 p
DOI: 10.33663/2524-017X-2021-12-46
Marzhyna À. À. Legal interpretation function in the system of functions of the notary of Ukraine: theoretical and legal aspect
The relevance of scientific knowledge of theoretical and legal aspects of the interpretive function of the notary in Ukraine is revealed in the work. Since the functions of the notary in general perform a general social role, due to their extension to public relations, it should be said that they are complex, implemented in various spheres of public relations, using various forms and methods, trying to perform tasks assigned by law at the notary.
This indicates the possibility of distinguishing the types of functions of the notary, which in the doctrinal plan will allow to present the functions of the notary in the form of a clear system, and in practical terms - to establish the state of implementation of the functions of the notary.
It is noted that today in the context of intensification of economic development of the state there is a strengthening of the role of the notary of Ukraine, so the problem of its reform, including in the context of improving the quality of notary functions, becomes especially relevant and needs scientific rethinking. First of all, this is due to the current European integration changes in the socio-political and legal life of Ukraine, which requires adaptation and harmonization of the functioning of the notary of Ukraine to the standards of the European Union.
Noting the high level of relevance of scientific research of theoretical and legal aspects of the functional purpose of the notary in Ukraine, emphasizing the exceptional importance for the further development of the domestic notary system, the author analyzed the views of scholars on understanding the functional purpose of the notary and established their place and meaning . It is concluded that from the scientific point of view the classification of the functions of the notary:
- first, it is an issue that is poorly studied, the existing approaches to the classification of notary functions are quite scattered and sometimes controversial, which does not allow to establish a single comprehensive approach to characterizing the types of notary functions;
- secondly, the doctrinal uncertainty of the types of functions of the notary and their characteristics complicates
- the scientific research of the functions of the notary; interdisciplinary nature of scientific knowledge of the functions of the notary and their types; the presence of different types of notaries, due to its respective functional purpose and
- the range of functions performed by it; instability of the notary’s functioning, which is due to the intensification of itscurrent development, improvement and the tendency to expand the range of functions; ambiguity of doctrinal approaches to the combination and balancing of private-public elements in the activities of the notary system, etc.
In accordance with the criterion of the purpose of the notary’s function, together with other functions of the notary, the legal-interpretive function of the notary is singled out, the purpose of which is to clarify the content and meaning of the legal norm concerning notarial activity and provide relevant explanations to legal entities. For example, clarification of the rights and obligations of the parties to the contract of sale of real estate, certified by a notary.
Keywords: notary, notarial activity, functional purpose of notary, legal interpretive function of notary.
References
1. Radz³ºvs’ka L. K., Pas³chnik S. G. (2000) Notar³at v Ukra¿n³ : navch. pos³b. (Notary in Ukraine: textbook. way) / v³dp. red. L. K. Radz³ºvs’ka. 2-e vid. K. : Yurinkom ²nter. 528 ð.
2. Fursa S. YA. (2001) Notar³at v Ukra¿n³. Teor³ya ³ praktika: navchal’nii pos³bnik dlya stud. vishch. navch zakl. (Notary in Ukraine. Theory and practice). K. : A.S.K. 975 ð.
3. Barankova V. V. (1998) Pravova priroda notar³al’no¿ d³yal’nost³ (Legal nature of notarial activity). V³snik Akadem³¿ pravovikh nauk Ukra¿ni. Vip. 3 (14). Ð. 137–143.
4. Fursa S. YA. (2002) Notar³al’nii protses: Teoretichn³ osnovi (Notarial process: Theoretical foundations) : monograf³ya. K. : ²stina. 319 ð.
5. Moldovan V. V. (1998) Pravookhoronn³ organi: oporn³ konspekti (Law enforcement agencies: reference notes) : kurs lekts³i. K. : Yumana. 160 ð.
6. Sudebnye i pravookhranitel’nye organy Ukrainy : uchebnik (1999) / A. M. Bandurka, A. K. Bezsmertnyi i dr.; Pod red. A. M. Bandurki. KH. : Ehskada. 350 ð.
7. Aznaev A. M. (2008) Konstitutsionno-pravovye osnovy deyatel’nosti notariata v Rossiiskoi Federatsii (Constitutional and legal bases of activity of the notary in the Russian Federation) : diss. ... kand. yurid. nauk: 12.00.02. M. 188 ð.
8. Nastol’naya kniga notariusa (Desktop book of the notary) / P. V. Krasheninnikov, T. I. Zaitseva i dr. 2-e izd., ispr. i dop. M. : Volters Kluver, 2004. 765 ð.
<< Back
