Глава 1. Концептуальний аналіз законопроекту № 5644 «Про внесення змін до деяких законодавчих актів Украї­ни щодо удосконалення регулювання нота­ріальної діяльності»

In the scientific work, the authors provided a critical and constructive analysis of Draft Law No. 5644 “On Amendments to Some Legislative Acts of Ukraine on Improving the Regulation of Notarial Activities.
The authors began this analysis with the Explanatory Note to Draft Law No. 5644, where the necessity of its adoption in the version in which it passed the first reading is substantiated. Attention was drawn to inaccurate and incomplete data regarding the historical excursion and stages of development of the notary of Ukraine, which are referred to in the Explanatory Note, and revealed the pitfalls that the Ukrainian notary went through and all the negative consequences that occurred as a result of ill-conceived changes, in particular, access to the profession, etc.
The provisions of the draft law on the transfer from the Ministry of Justice of Ukraine to the Notary Chamber of Ukraine of all powers of control over the organization and notarial activity, raising the professional level of notaries and their compliance with the rules of ethics were analyzed, and an opinion was expressed regarding the expediency of such changes.
In addition, agreeing with the conclusion of the Main Expert Department about the danger of corruption in the case of the liquidation of state notary offices and the acquisition by state notaries who will be subject to the release of the preferential right to lease state or communal property for the placement of a notary office in the notary district belonging to the list of notary districts in which the number of notaries is insufficient.
A reasoned opinion on the inexpediency of granting notaries additional powers to establish the facts of family relations between natural persons, the fact of ownership of legal documents to a person, which currently belong to the powers of the court, and warnings are made regarding negative consequences, or possibly abuses and criminal offenses that will occur in the case of certification such facts by notaries.
Emphasis is placed on the expediency of improving such notarial proceedings as the provision of evidence, regulation of the methods and procedures of such provision in the legislation on notaries.
The provisions of the legislation are given, which testify to the imperfection of the notarial procedure and its influence on the protection of the rights of subjects of civil relations and the responsibility of notaries. An analysis of court practice regarding notary offenses is provided.
Other important issues proposed in the Draft Law were analyzed, in particular, the expediency of introducing an electronic notary and its coordination with archives on paper media in order to ensure the rights of individuals to receive a certain notarial act in the event of its loss.
A thorough analysis of the concept of “Notary in Ukraine” proposed in the Draft Law and other violations of the legislative technique is provided. It was concluded that Draft Law No. 5644 needs substantial revision.