Open AccessThe Role of the Notary in the Efficient Protection of Property Rights
Author(s) -
Maria Bondarieva
Publication year - 2019
Publication title -
access to justice in eastern europe
Language(s) - English
Resource type - Journals
eISSN - 2663-0583
pISSN - 2663-0575
DOI - 10.33327/ajee-18-2.4-a000023
Subject(s) - legislature , property (philosophy) , context (archaeology) , property rights , relevance (law) , process (computing) , law and economics , business , realization (probability) , political science , legislative process , law , computer science , sociology , geography , mathematics , epistemology , operating system , archaeology , philosophy , statistics
The relevance of the research is substantiated by the chain of factors, two of them being of particular importance. Firstly, it is connected with the process of creating the stable model of property institute operation and its protection: at the level of conceptual decisions on land market introduction, and in practical context – through determination and elimination of legislative gaps, which facilitated numerous abuses in the process of acquisition and/or conveyance of title to immovable property. Secondly, announcement and prolongation of the realization of the legal reform also stipulates the reformation of notarial system – not only in the context of its internal organization, methodological support of its operation, authorities and functions, but also considering the interaction with the other authorities, which are competent in title registration. The author analyses the role and functions of notarial authorities in the common system of title protection in Ukraine; defines the sufficiency, effectiveness and performance of the legal regulation level in the process of succession; considers the purpose and the tasks of notarial performance in the area of title protection and analyses the offered legislative novelties at the conceptual level. The author of this article comes to the conclusion that an extensive scholarly discussion shall be held on the grounds of which the contents and functions of notarial system in the system of property rights protection should be settled.