The thesis investigates the theoretical and legal aspects of the mechanism of
realizing of notarial activity, defines and characterises its features, clarifies the
definition, identifies its constituent elements, the state of functioning and ways to
strengthen it in the current conditions of development of the notariate system in Ukraine.
The Introduction substantiates the relevance of the research topic, defines the
connection with scientific programmes, plans, topics, formulates the purpose and the
task of the research, identifies the object and subject of the research, reveals the
functionality of research methods, indicates the provisions of scientific novelty of the
results obtained, substantiates the practical significance of the research results,
provides information on the approbation of the thesis materials and the author's
publications. It has been noted that a special type of legal activity is notarial activity,
which is primarily aimed at meeting the legal needs and interests of legal subjects by
certifying rights, as well as facts that have legal significance, performing other
notarial actions, with the aim of giving them legal credibility. Therefore, the scientific
study of any legal aspects of notarial activity has a high degree of relevance, as it is
related to the study of issues of protection and defence of rights, freedoms and
interests of subjects of law, ensuring their satisfaction both in the process and
according to the results of notarial activity. The relevance of the topic of the
dissertation is also proved by the inconsistency of reforming the notariate institute in
Ukraine in recent years, the lack of a unified conceptual framework for its
development, and the gaps in the legal support of notarial activity which have led to
the shortcomings of the current state of its functioning. In addition, it is noted that
russia's armed aggression against Ukraine, the spread of the acute respiratory disease
COVID-19 caused by the SARS-CoV-2 coronavirus on the territory of Ukraine, pose
new challenges to the mechanism realizing of notarial activity regarding the
availability of notarial services to consumers, the safety of communication between
entities of notarial services and their consumers when performing notarial acts,
compliance with deadlines for applying to notaries and performing notarial acts, etc.
The specified factors of the development and functioning of the mechanism of
realizing of notarial activity in Ukraine significantly update the study of its
theoretical and legal aspects, with the aim of developing and further taking adaptive
measures to ensure its functioning in the existing conditions.
In Section 1. «History of the development of legal support of notarial activity in
Ukraine» a critical analysis of worldview and doctrinal ideas about the notariate and
notarial activity is carried out, the content of their characteristics as a special legal
mechanism is revealed. On the basis of the conducted historical and legal analysis of
the legal support of notarial activity in Ukraine during its independence (from 1991
till the present day), two periods of its development were distinguished: a) the postSoviet
period (from 1991 to 1993), during which the Soviet legal support for notary
activity was actually preserved in Ukraine, when the notariate system and powers of
subjects of notarial activity that existed in the Soviet Union were legally transferred
to the legal system of the newly created state - of Ukraine; b) national (starting in
1994 and continuing to this day), which is connected with the adoption and entry into
force of the Law of Ukraine "On Notariate" (1993), which established: the system of
subjects of notarial activity (including the system of private notaries); tasks entrusted
to the notariate; legal status of a notary; the procedural order for performing notarial
actions; organizational support of notarial activities, etc.
An analysis of the existing doctrinal approaches to the characterization of the
mechanism of realizing of notarial activity was carried out, based on which the
current state of its scientific research was summarized.
