Stroich A. The influence of the legal regulation of notarial relations in canon law on the development of the modern notarial process in Ukraine.

The dissertation research substantiates a number of features of the influence of the legal regulation of the notary in canon law on the development and functioning of the notarial process in Ukraine. In the conditions of globalization and the direction of Ukrainian legislation on the path of Europeanization, as well as strengthening the notary institution, giving it new tasks and goals, it is important to turn to the origin of the notary in order to understand its historical forms under the influence of canon law. Despite the importance and expediency of this issue in the context of building notarial relations, scientists did not manage to make a unified approach to the historical influence of the church and church canons on the development of notary, a thorough analysis with periodizations was not carried out, and the church, as a primary source in the emergence of notary, is sometimes mentioned rather superficially, which in turn confirms the relevance of the selected research. The expediency of the historical distinction between the tabelion and the person of the notary without carrying out their identification for the sake of a clear and correct distinction of the corresponding official in modern realities is substantiated. It is proposed to consider the tabellions as officials who served the emergence of the notary, and not to establish the identity of these institutions. The scientific-theoretical and practical vision of the social significance of the notary has been improved, as well as taking into account the amendments to the legislation that endow the notary with new tasks and functions, it is proposed to add a mediation function to the classifications of the notary's functions, which is designed to settle conflicts through negotiations. Within the scope of the study, an argumentation was formed regarding the importance of the activities carried out by church notaries. In particular, church notaries in their activities should be subject not only to those fundamental principles arising from canon law, but in view of the importance of their activities, they should be guided by three proper prerequisites, similar to state notaries, which oblige to refuse to perform a notarial act activity, as well as in canon law, in case of conflict with the law, lack of full capacity for legal activity and legal basis.