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DOI 10.37749/2308-9636-2020-9(213)-7

Nelin O. I. The place of the notary institution in the doctrine of the probate law in Ukraine: theoretical aspect.

The author studies some theoretical and practical issues of the notary system in the national legal doctrine of the probate law. It has been determined that the notary system plays an important part in regulating economic relations, provides steadiness and security in behaviour of participants of civil and hereditary relations, facilitates the decrease in the number of violations and eliminates objective conditions of their commission. This requires some scientific analysis of the basic issues, among which the important place is taken by the issues of notary activities in the legal regulation of hereditary relationships in Ukraine. In this connection grows the significance of studying the place of the notary institution in the doctrine of probate law in Ukraine.

Therefore, the author studies social relationships that arise in the context of notary activities, as well as the ones in connection with notarial acts between a notary public and testator (heir) and also between a notary public and state bodies.

Taking into consideration the modern realities, the conditions of using more strengthened notary potential should be created in the sphere of protection of civil rights and interests of both natural and legal entities with the purpose of building up a civil society of the country.

The notary institution may play a significant part in the judiciary reform in Ukraine as the solution of one of the main problems in judicial activity, i.e. consideration of all cases in a court judges’ jurisdiction, is impossible without decreasing the their workload. So, the important is the development of pre-court civil jurisdiction, where a more complete use of the positive potential of the notary institution in the sphere of the civil and probate laws belongs to.

In this context, the international experience demonstrates that certain regulations of the probate law in EU countries could be taken into account in the notary activities considering the issues of heirdom, as there are some problems in the legal mechanism of probate law realization in Ukraine.

The author analyses some novelties of the probate law in the country in accordance with the Civil Code of Ukraine (2003). The most novel are some provisions as to the forms of testament, secret will, spousal testamentary trust, probate contract, five determined categories of heirs-at-law, protection and management of inheritable property as well.

The modern trends of the probate law are considered within the framework of the national legislation adaptation to the EU law. Attention is drawn to a number of existing problems in the sphere of notary activity, elimination of which will not only help to provide inheritance rights, but also to successfully realize judicial reform in Ukraine.

Key words: notary system, notary activity, reform of the notary activity, probate law, testator, heir, doctrine of probate law.

 

References

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