The first section titled "General Characteristics of The Exercise And Protection of Subjective Civil Rights," researches the institution of a notary as a dualistic legal nature that consists of public and private law elements. It has been established that the legal status of both public and private notaries is the same.
The thesis is focused on discovering the peculiarities of the implementation, protection, and defense of subjective civil rights in the notarial process. Emphasis is placed on the fact that the general direction of notarial activities should contribute to the stabilization of civil turnover and ensure the protection of the rights of participants of civil legal relations.
The exercise of a subjective right is the realization of its holder's ability to act at his own discretion within the limits of his right. The research concludes that within the notarial procedural form there is a notarization of contracts and other notarial actions, which is a mandatory element of official recognition (registration) of the relevant legal relationship based on current legislation or the contract.
The current legislation defines certain notarial actions aimed at protecting (e.g., notarial protection of the inherited property) and defending (e.g., defending rights by a notary by making a writ of execution) the subjective rights of participants in civil legal relations. At the same time, notaries perform other notarial actions to provide protection and defense of subjective civil rights.
The second section titled "Notarial Actions In The Mechanism of Exercise And Protection of Subjective Civil Rights" discusses some notarial actions in the context of the exercise, protection, and defense of subjective civil rights.
At the same time, the legislation defines an exhaustive list of criteria that determine the obligation for notarization of transactions. Also, the submission to the notary of applications for inheritance (acceptance of the inheritance, the waiver of inheritance) is a necessary element of the exercise of inheritance rights.
Such notarial acts as the issuance of certificates (of the right to inheritance, certificate of ownership of a share in the joint property of the spouses in case of death of one of the spouses, certificate of acquisition of property by public auction, certificates of acquisition from public bidding (auctions) if public bidding (auctions) did not take place) are proposed to be considered as those committed in the context of the exercise of subjective rights by individuals and legal entities.
The notary mostly participates in the mechanism of exercising property rights, although there are cases of exercising non-property rights.
The concept of "protection of rights" is seen as measures taken to prevent violations of rights. Based on this fact, it is concluded that notaries perform certain notarial actions aimed at eliminating or reducing the preconditions for the violation of subjective civil rights and protect them this way.
It has been established that the notarial actions of the protective kind include such actions as taking measures to protect hereditary property, imposing a ban on the alienation of real estate, acceptance for storage of documents, evidence of certain facts that have legal significance, the transmission of applications, if they do not contradict with the law and do not contain information that defames the honor and dignity of the public or other actions specified by law.
The research defines the act of defense as a set of actions aimed at correcting the situation related to the offense. It is proved that notarial actions of a defensive nature are part of an independent jurisdictional form of defending subjective civil rights.
The research of new forms of notarial activity that will promote the development of civil turnover and protection of the rights of its participants is an important part of the thesis. This topic is researched in the third section titled "New Functions of The Notary In The Mechanism of Exercise, Protection, and Defense of Civil Rights".
The expediency of granting notaries the authority to provide evidence in cases where the relevant means of proof may be lost, or there is reason to believe that the provision of evidence may become impossible or difficult has been substantiated too.
The research concludes on the need to introduce a comprehensive electronic notary (E-notary) in Ukraine, which will include the operation of an automated notary's workplace, electronic register of notarial acts, electronic notarial archive, and assure full and coordinated work with all necessary registers for notarial activities.
