The subjects of notarial procedural ­legal relations: concepts of scientists ­and the need for legislative regulation

Perceiving the current state of the legal system of Ukraine as being reformed, the author believes that the legislation on notaries should be fundamentally revised in order to incorporate theoretical concepts into the Law of Ukraine «On Notaries». That is why scientific approaches to determining the essence and types of subjects of notarial procedural legal relations are analyzed. After all, in fact, there is no unified vision of any theoretical issues related to the subjects of notarial procedural legal relations.
The statutory requirements for a notary public are unfounded. It was established that when delineating the circle of persons participating in notarial proceedings, it is necessary to proceed from the task of formulating the terminology of notarial proceedings. Each entity must have its own name and appropriate place in the system of persons participating in notarial proceedings.
The regulation of the specialist’s participation in the notarial process cannot be approached in a limited way. It does not seem possible to fully outline the cases of specialist participation in the notarial procedural legislation. The notary must have the discretionary right to involve a specialist in the notarial process at his own discretion, if the specifics of the notarial act performed require it.
Based on the tasks of the theory of the notarial process and the need to solve practical problems, the parties to the notarial process should be distinguished, within which to distinguish both applicants (that is, persons who apply to a notary and upon whose application a notarial process arises), and involved persons (persons who have have a material and legal interest in the case, are involved in participation in notarial proceedings for the purpose of protecting or protecting their rights and interests). Proposals are made to improve the legislation of Ukraine.
It is considered appropriate to improve not only the provisions of the Law of Ukraine «On Notaries», but also, first of all, the concepts of the further development of notarial activities and the active formation of the doctrine of notaries by leading scientists and specialists in the field of notaries of Ukraine.
But it seems that the scientific developments of scientists in the field of the notarial process will never be heard, since the Draft Law № 5644 «On Amendments to Certain Legislative Acts of Ukraine Regarding the Improvement of the Regulation of Notarial Activities» does not contain any changes and additions to the formation of the conceptual apparatus. as for the subjects of the notarial process, no steps have been taken to define the rights and obligations of the applicants and other persons who will participate in the notarial process, and it is proposed to be adopted before the introduction of amendments to the Civil Code of Ukraine, which is difficult to agree with.