Глава 4. Нотаріу­с в Украї­ні та реалізація ним цивільного законодавства про власність

The role of a notary in civil turnover not as one of the bureaucratic bodies, but as a representative of a free profession who impartially and independently performs public powers on behalf of the state in the interests of participants in civil turnover has been analyzed in the work.
The notaries are tasked with much broader responsibilities including the comprehensive provision of legal assistance to all interested participants in civil turnover on equal terms and legal support from an impartial person.
Proper ownership and reliability of notarial documents are important conditions for stability. A notarial document drawn up and certified by a notary as a public person acquires special significance, evidentiary force, and performs a protective and preventive function.
The relationships arising between individuals regarding real estate have been studied:
– property rights;
– other proprietary rights to someone else’s property, such as easements – referring to the right of the real estate owner to use certain benefits of adjacent real estate or other immovable property. For example, the right of way across a neighboring land plot, or family members of the homeowner acquire an easement right to use this dwelling by becoming a member of his or her family;
– the right of superficies is applicable when the owner of a land plot grants the right to use the land to another person for the construction of industrial, residential, social, cultural, and other structures and buildings;
– emphyteusis – is the right to use someone else’s land plot for agricultural purposes.
The legal status of property (lawful, contractual, mixed), ownership, use, and disposition of immovable property, state registration of property rights have been determined, the legal position of the Supreme Court regarding recognition of property as privately owned by a wife or husband, which was acquired by them separately during their separate residence due to the actual termination of marriage relations, and the possibility of legal regulation of property relations between spouses by a prenuptial agreement have been allocated. It has been established that all these processes fall within the scope of the notary’s activities and constitute a notarial process in terms of their content and form.