Stoyan V. Procedural pecularities of examination of cases, which arise from notarial legal relations.

The candidate thesis, devoted to scientific research of procedural pecularities of examination of cases, which arise from notarial legal relations, is based upon the achievements of Ukrainian and foreign legal science, judicial practice, the legislation of foreign countries (France, Germany, Austria, Spain, Switzerland, Russia, Belarus, Moldova, Uzbekistan and some other countries), decisions of European Court of Human Rights. In the research main elements of the structure of procedural relations in the cases, which arise from notarial legal relations, are analyzed: procedural status of notary-(co)defendant, participant, who doesn't announce independent requirements, witness, specialist, representative; presumption of high evidentiary power of notarially certified document; regulation of evidentiary power of foreign notarially certified document according to the principle of reciprocity. Procedural procedure of judicial examination of under study cases is defined: referring them to the cases of suit execution of civil procedure; pecularities of examination of controversies of appeal of validity of notarial actions are proposed to be regulated in the Code of civil procedure of Ukraine; distribution of burden of prove on the notary because of demand of notarial case is proved; voluntary execution of the court decisions immediately by notaries as by executors according to the law. Corresponding amendments and additions to the Code of civil procedure of Ukraine, the Civil code of Ukraine, the law on notariat are worked out.