The science of the cross-border notarial process and its significance for ukraine before and after accession to the EU: on the example of the implementation of EU Regulation No. 650/2012 of the EP and the Council of July4, 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and execution of authentic documents in inheritance cases

The science of the cross-border notarial process and its significance for ukraine before and after accession to the EU (on the example of the implementation of EU Regulation No. 650/2012 of the EP and the Council of July4, 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and execution of authentic documents in inheritance cases and on the creation of the ECI)

The monograph reveals the issue of the cross-border notarial process as a legal science and substantiates the expediency of its development, formulates conceptual approaches to the perception of its essence, content, place in the legal system, its significance for science and the protection of the indisputable rights of subjects of civil relations with a foreign element through the execution of notarial actions, as well as expressed some author’s hypotheses on the subject of such a concept as “foreign element” in the theory of the notarial process.
The author substantiates that the formation and development of this science is also influenced by multilateral treaties and international acts,the regulation of certain relations in the EU Regulations, which are mandatory for member countries. However, they specify the jurisdiction of authorized state structures in relation to certain legal relations and determine which country’s law should be applied to the settlement of relations with a foreign element, as well as introduce universal documents that will be produced according to uniform rules and recognized in all countries.
Ukraine is currently making maximum efforts to join the EU, therefore, legal science should not stand aside from solving issues of adaptation of Ukrainian law to EU law that are quite important for our country.
The work analyzes issues that are of significant importance for Ukraine in connection with the termination of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of January 22, 1993 in relation to the Russian Federation and the Republic of Belarus, as well as the withdrawal from this Convention according to the Law of Ukraine “On Suspension of Action and Withdrawal from the Convention on Legal Aid and Legal Relations in Civil, Family and Criminal Matters of January 22, 1993 and the Protocol to the Convention”, expressed support for the adoption of such a law, since the possibility of turning over notarial documents depends on it acts emanating from these countries in the international space, in particular, in Ukraine.
An analysis of the notarial practice of Poland regarding the certification of a will by a Polish citizen regarding her real estate located on the territory of Germany, as well as an analysis of the court case of the District Court of Poland regarding the appeal by the applicant of the refusal of the Polish notary to certify such a will and the court decision of the Court of Justice of the EU, expressed reasonable opinions regarding of these decisions. In the context of these cases, Regulation No. 650/2012 was analyzed and the author’s vision was expressed regarding its significance for Ukraine after its accession to the EU. The European certificate on the right to inheritance and the prospects for its application in Ukraine were analyzed.