Open AccessPERMIT SERVICES OF THE MINISTRY OF JUSTICE OF UKRAINE IN THE FIELD OF NOTARY
Author(s) -
Т. М. Колотілова
Publication year - 2020
Publication title -
ûridična nauka
Language(s) - English
Resource type - Journals
ISSN - 2222-5374
DOI - 10.32844/2222-5374-2020-106-4-2.13
Subject(s) - economic justice , business , service (business) , work (physics) , certificate , christian ministry , government (linguistics) , unification , relevance (law) , monopolization , decree , order (exchange) , law , political science , public relations , public administration , law and economics , engineering , computer science , marketing , sociology , finance , economics , monopoly , mechanical engineering , market economy , linguistics , philosophy , algorithm , programming language
The relevance of the article is that today, the requirements for persons who intend to carry out notarial activities are unreasonably high compared to the requirements for a candidate for judge or lawyer, and the procedure for obtaining a certificate of the right to engage in notarial activities is complicated. That is, the requirements for future notaries are the most stringent, which is not justified and at the same time limits the rights of citizens to access the profession. Therefore, artificial restrictions on access to notarial activities reduce competition, increase monopolization in this area, increase the cost of services, and in some areas lead to a lack of notaries, resulting in the greatest consumer suffering (in particular, the inability to obtain the service or set a very high price for the service). The scientific work examines the scientific positions of scientists on the understanding of permitting services of public authorities and in particular permitting services by the Ministry of Justice of Ukraine in the field of notaries. It is proved that the content of the procedure for providing licensing services by the Ministry of Justice of Ukraine in the field of notaries is a procedure of consideration and resolution of individual (separate) cases regulated by the norms of administrative procedure in order to form and implement state policy in the field of notaries by issuing, to a natural person (citizen of Ukraine, notary, official of a local self-government body) of a permit document, which has an individual character. The classification of permitting services by the Ministry of Justice of Ukraine in the field of notaries depending on the type and subject of activity has been carried out. The definition and highlights of the main features of permitting services by the Ministry of Justice of Ukraine in the field of notaries are given. It is determined that the features of the permitting service of the Ministry of Justice of Ukraine in the field of notary are: 1) the legally defined subject of providing permitting services in the field of notary; 2) the purposefulness of the purpose of providing licensing services in the field of notaries - the establishment in society of the rule of law, trust in law and justice; 3) is public authority, by-law and takes place in a legally defined procedure for granting a permit; 4) aimed at the implementation by the subject of the appeal of legal rights, obligations and interests in the field of notary; 5) provides for the observance and fulfillment of legally defined requirements by the subject of the appeal; 6) the final result - a permit.