Historical legal research of conceptual frameworks, legislative support and application of notary system in Soviet Ukraine was carried out in the thesis which consists of introduction, 3 chapters, conclusions, references and appendix.
Historiography and references of the research, establishment and development of notary system in Soviet period in Ukrainian SSR were studied. Notary activity in Soviet Ukraine, starting from passing the first legislative act – a resolution of The Council of People’s Commissars of the Ukrainian SSR from 25 January 1919 «On creating public notary chambers» and until the breakup of Soviet Union and creation of Independent Ukraine, was studied.
Theoretical and methodological principles of conceptual framework research, legislative support and notary practice in Soviet Ukraine were defined. The research is based on methodological approaches of natural and anthropological law.
Conceptual frameworks of Soviet notary system, its objective, principles and its place in law enforcement agencies are studied. The definition of the concept Soviet notary system is formed. In the course of research it was found out that every notary regulation was adopted as a consequence of important political changes in the state: 1922 – entry of Ukraine into the USSR; 1944 – the liberation of Ukraine from the Nazi invaders; 1956 –Khrushchev’s accession to power and the beginning of the so-called «thaw» in the USSR; 1964 – L.I. Brezhnev’s accession to power and the strengthening of command and administrative leverage in the governance of the state.
On the basis of archive documents, detailed description of the legislative acts which covered the regulation of notary institution and contain information on the activities of this public body is given, namely: the Regulations on the State Notary 1923, the Notary Charter 1928, the Notary Regulations 1964, All-Ukrainian Central Executive Committee and The Council of People’s Commissars of the Ukrainian SSR regulations on the reorganization of the state notary in 1933, On the establishment of a new expanded system of notary offices in Ukraine in 1937.
Organizational and legal support features of the notary offices activity are studied. A comparative analysis of organizational issues of soviet and modern Ukrainian notary system was carried out. Positive and negative aspects of notary activity are revealed.
The aspects of legal regulation of notary activity during the Second World War were found out. It was established that in connection with military actions on the territory of the Ukrainian SSR, a number of simplified rules were introduced in the course of carrying out notary acts regarding military personnel. The validity of the simplified certification procedure of the powers of attorney and wills on behalf of military personnel was retained after the end of the war.
The staffing of the notary bodies during 1919–1991 was studied and it was established that the personnel were constantly under the undivided attention of the Soviet authorities. Throughout all period of existence of the Soviet power, there was a constant search for the optimal requirements regarding the position of the notary, which could satisfy the interests of Soviet statehood.
The peculiarities of governance and control of notary activity in Ukrainian SSR were studied. It was established that Ukrainian Soviet notary system was under direct control of judicial authorities for a considerable period of time. The rearrangement of supervisory powers in the field of carrying out notary activities took place at the end of the first half of the twentieth century. In connection with this, supervisory functions were transferred to the departments under the regional state administrations. However, such system of control did not become permanent, but in 1956, direct control and supervision were again carried out by the court. The final assignment of supervisory powers to the Ministry of Justice of Ukrainian SSR and its territorial bodies was made only in 1974.
An analysis of the rules of notary offices activity during the period of 1919–1991 in the Ukrainian SSR allowed us to conclude that modern notary system is based on the basic principles of organization of the Soviet notary system. Therefore, in the conditions of constant legal system reformation in Ukraine, the analysis and a comprehensive study of the Soviet notary system in the Ukrainian SSR, when, by virtue of its competence, its main function was to supervise the legitimacy of civil circulation with the predominantly compliance of state interests, and the work was directed exceptionally to perform notary activities.
