Administrative and Legal Regulation of Notarial Secrets in Ukraine

The article is devoted to the issue of administrative and legal regulation of notarial secrecy in Ukraine. Analyzing the issues, we note that this issue becomes especially important in terms of legal reform of the country. The interests of man as a subject of society must be an important aspect of such a state. The main issue of building the rule of law should be the protection of the rights and legitimate interests of individuals and legal entities, which is the legal regulator of the state and level of development of civil society. Today in Ukraine there are many scientific discussions about the institute of notary, because in the current conditions of society, the profession of notary has taken a special place among the legal professions. Preservation of notarial secrecy strengthens public confidence in the notary and is one of the important rules of the notary, which ensures its authority, protection of notarial secrecy is a guarantee of notarial acts performed by notaries activities. Today, the legal system of Ukraine is in a state of comprehensive reform, which is due to the construction of a social, democratic, legal state. The world is undergoing constant changes of a legal nature, which also affect the domestic institution of notaries, and therefore some of its elements will always need to clarify the legal nature, nature and relationship with government and civil society. Every day, thousands of citizens and representatives of legal entities apply to notaries and officials entrusted with the performance of notarial acts on the basis of transaction certificates or other notarial acts. Since its inception, the notary is a unique institution of preventive justice, designed to ensure the clear realization of the rights and legitimate interests of participants in civil traffic in order to prevent the latter from appealing to the courts for protection. Carrying out notarial acts on behalf of the state, notaries are a key part of an effectively functioning legal system and an integral part of a democratic state governed by the rule of law.

The article is an attempt to answer the question concerning the legal issue of notaries taking up partnership in a limited liability companies in the light of Art. 19 of the Act of Law on Notarial Services of 14 February 1991? The undertaken analysis considers also regulations of the Commercial Companies Code. Conclusions resulting from the presented analysis are clear and unambiguous, asides of legal side of the problem, they also present it in the light of moral issues.

Social life is constantly undergoing changes, as a result of which there is a need for rapid response on the part of representatives of notary activities, in order to effectively perform the functional powers delegated by the state – protection of the rights and legitimate interests of persons seeking help from a notary, the latter must constantly improve himself. Notary acts not only as a body of preventive justice, but also as a human rights institution, because it takes an active part in civil turnover. With the help of the notary institution, the state takes preventive measures that ensure legal security in society, which, in turn, is one of the main tasks of the state and an indicator of its capacity. The notarial process is independent in relation to civil proceedings, since the activity of notarial bodies is non-contentious in nature, in which the principle of adversarial parties is not used. For consideration of the notarial process, great importance is attached to the form of notarial activity, which represents is a set of requirements for the actions of participants in the notarial process aimed at achieving a specific result. In this regard, the relevance of the study of the basics of the notary as a subject of the protection of constitutional rights is high and conditioned by the need for further improvement of the guarantee of human rights and freedoms in Ukraine. Such Ukrainian and foreign authors as S. P. Holovaty, T. M. Karnaukh, N. V. Mishina, V. V. Barankova, Yu. V. Zhelikhovska, O. I. Nelin, O. P. Vasylchenko, K. F. Bilko, N. V. Karnaruk, Yu. Yu. Bysaga, N. V. Vasylyna, N. M. Denysiak, L. M. Deshko, O. A. Martyniuk.