Gelihovskaya U. Protection of civil rights and interests by a notary public.

The present thesis is dedicated to research and justification of notarial system and notary public in particular as a special subject regarding protection of civic rights and protected by law interests of natural and juristic persons in civil law. The significant attention in this thesis was paid to analysis and research of such conceptions as "protection" and "defense" of civil rights and the protected by law interests in general and particularly by notary public, the main difference between those is understood to be the reasons and the method of influence. The exclusive attention was paid to the most principal issues of the civil rights protection institute such as the problematic correlation of two conceptions - "civil law protection" and "civil law responsibility". The author made a research of the notary public activity as a form of civil rights protection and protected by law interests of those participants of civic legal relationships. This activity is distinguished by its legal character, concentration on civil rights and interests which are performed in accordance with the prescribed by law method. The protection of civil rights and interests analyzes the historical development of notarial institution. It was determined the place of notary public as the subject of protection and defense of rights and interests of natural persons and judicial entities, its function, commitments and principals of activity were defined. This thesis shows the description of "protection forms" conception as generally recognized categories. The structure of jurisdictional protection form of civil rights was scrutinized as for natural persons and legal entities and it was suggested broadening of the jurisdictional form of protection of civil rights and interests and together with the courts and administrative protection regulation, the protection of natural persons and legal entities were suggested by notary public (notarial protection). Herewith in the part of civil rights and interests of the said thesis it was emphasized that notary public activity predominantly has the character of the preventive justice, which means that it directly secures protection of participants' rights and interests in civil procedure, which makes possible to avoid bringing action before the court. The author points out the fact that within the Civil Code of Ukraine there is not enough definition of united method how to protect civil rights and interests of the participants' civil relations by issuing of executive endorsement. However the author proposes to widen the list of those implementations instead of particular notary deeds. Moreover the proposed notary public deeds shall be distinguished as the law enforcement ones, those that to be carried out before the infringement and those which are focused to prevent the coming infringement at all (submission of applications and documents for keeping, certification of certain legal facts etc.), and the human rights ones which are performed to remove of the done infringements (protest of promissory note, executive endorsement, protection of parental estate). The law practice nature and conception was investigated and author's own definition of "executive endorsement" was presented under which shall be understood the notary protection, an indisputable fact of debtor's indebtedness towards debt collector and notary's prescription or other authorized to such deeds institution, for compulsory recovery of debts or resumption of estate from debtor in money terms or in property. It was considered the procedure of debts recovery in accordance with the presence of executive endorsement on documents, which estimate the indebtedness itself which determines the amount of debts based either on human rights or rights protection deeds. It was studied the role of notary public in human rights protection and interests by means of banning to assign the assets (laws of property on real assets to be assigned); banning to assign the transportation means which are to be registered by state. The role of notary public was considered as the defender of human rights and interests by means of accepting and keeping as deposits (accepting to as a deposit of money and securities, documents); participation in human rights and interests protection by verifying the legal facts such as (legal deeds confirming the person's birth and verification of residence place; confirmation of time when the document was submitted; attesting the person's identity to that one shown on one's picture). The participation of notary public in human rights protection was taken under consideration regarding the parental estate. The norms depicting the possible ways to protect rights and interests of participants of civic jural relationships were analyzed herewith. This work shows the proposals and recommendation as to improvement of home legislature in notary protection of human rights and interests.