Reforming the institute of notary institute in the modern conditions of European integration
Authors: Denysiak N. 
Published: June 2023

The scientific article is devoted to the process of reforming and improving the notary institution in accordance with international standards. Consideration of ways to reform the notary as a complex problem should ensure the success of such reform and stable functioning of the system. Taking into account the needs of civil circulation, we can talk about the relevance of the topic raised in the article, its scientific and applied nature and unconditional connection with notarial practice.       

             The notary reform is primarily a benefit for people, because the implementation of the planned will save time and money of citizens and businesses, ensure the availability of notarial actions, overcome corruption in the field of justice, create reliable protection against fraud, significantly save the state budget, and finally move to the standards of the European Union.                                                    

Today, significant economic and political changes are taking place in Ukraine, which significantly affect the process of notary reform.

The implementation of the reform involves three strategic steps. Firstly, the introduction of an electronic notary system. This project is designed to improve the quality of notarial actions by reducing the time to perform the action and protecting the notarial document from forgery.

In particular, the large-scale digitization of notarial activity involves: the rejection of keeping paper books of notary activities; reducing the number of documents that a person must submit to perform a notarial act; automation of a number of processes in the activity of notaries; effective information interaction between state information resources; maintaining a notarial archive in electronic form.

A full technical and economic analysis of E-notary has already been prepared. It is planned that the first stage of the «pilot» with the notary's electronic workplace will be launched by the end of 2020.

The next step is the transition to a single notary. This will make it possible to consolidate the unified status of a notary in Ukraine, abandoning the system of dividing notaries into public and private ones, as was done in many European states. The transition to a single notary office will involve the gradual termination of the activities of state notary offices, and therefore will allow a significant reduction of state expenses for their maintenance, which will contribute to the saving of budget funds. A concept of measures has been developed that will guarantee the availability of basic notarial actions for socially vulnerable sections of the population. The number of actions that notaries can perform will also be significantly expanded. The notary will have the right to register marriages, divorces, provide evidence, etc.

And the third step is self-regulation of the notary profession. An important aspect in the implementation of the transition to a unified notary is the transfer of a number of powers to the body of professional self-government of notaries, in particular: to exercise control over the organization of notary activities, record keeping, compliance with the rules of the Code of Professional Ethics of Notaries, to organize an increase in the professional level of notaries, as well as to create conditions for an even territorial distribution of workers places of notaries, so that citizens from the most remote corners of our country have access to notarial acts. Certain steps in the direction of self-regulation have already been taken. We have changed the composition of the Higher Qualification Commission of the Notary. Now, its composition includes only 3 representatives of the Ministry of Justice of Ukraine and 11 private notaries, that is, control over the decisions of the HCPC has already been transferred to the notary community. The implementation of the reform will make it possible to lay a solid foundation for the formation and development of a Latin-type notary in Ukraine, which is a world standard in the field of protection of the rights and legitimate interests of citizens.

Reforming is a long process that depends not only on the aspirations of the Ministry of Justice and notaries, but also on the political and socio-economic situation in the country.