Preventive function of a notary in the legal system of society
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Gusarov, Kostiantyn [1] ; Oleksandrivna Shchokina, Olena [1] ; Mykolayivna Cherevatenko, Iryna [1] ; Viktorivna Kolisnyk, Olena [1] ; Leonidivna Kolomiets, Yana [1]
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[1] Yaroslav Mudryi National Law University
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- Localización: Documenta & Instrumenta, ISSN-e 1697-3798, Nº. 21, 2023, págs. 111-126
- Idioma: inglés
- Enlaces
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Resumen
As Ukraine has chosen the European vector of development, the legal status of the notary as the subject providing protection of the rights and lawful interests of citizens deserves special attention. Due to the insufficient level of legal literacy among the population, the legislator imposes on the notary the duty to implement a preventive function, namely to explain to persons their rights and responsibilities, warn of the consequences of notarial acts, and most importantly, assist individuals and legal entities in protection and the realization of their rights and interests. This function has recently become increasingly important, as the notary, certifying transactions with the participation of the parties, should help prevent offenses. In particular, its activities are aimed at preventing conflicts and disputes in civil law relations, both when concluding a transaction and those that will arise in the future. To achieve the objectives outlined in this study, methods of analysis, dialectical, anthropological, functional, documentary analysis and others were used. The aim of the work is a comprehensive general theoretical and applied study of the legal nature of the functions of the notary, including preventive function, as well as substantiation of the main directions of legal regulation of the notary in Ukraine in modern state transformations, development of relevant scientifically sound proposals and recommendations.
