The thesis provides a theoretical generalization and proposes a new solution to the scientific task of disclosing the essence, content, structure of the administrative and legal status of a notary as an executive authority of state registration, based on the administrative and legal nature of state registration procedures and the place of a notary therein, the global experience of functioning of notary models, judicial practice, and law enforcement practice of authorities controlling the notary's activities, which gave rise to proposals related to ensuring the proper legal regulation of relations regarding the establishment and implementation by a notary of his/her status in administrative registration procedures.
A review of scientific research on the legal status of a notary, his/her participation in administrative procedures of state registration was carried out and established scientific views were identified, including as to his/her administrative and legal status. A grouping of scientific views was carried out regarding: a) disclosure of the essence, content of the legal status of a notary generally and of his/her administrative and legal status, in particular (which allowed to establish their components and conduct a legal characterization); b) administrative procedure (according to the criterion of legal understanding of its subject matter, which allowed to substantiate the provisions on the essence of administrative procedures of state registration both in the general sense and taking into account their subject matter orientation, reflecting their purposeful, legal nature, the presence of legal consequences of implementation); c) definition of state registration (as a means of recording certain facts, a legal act, a legal fact, an institution of administrative law, an administrative procedure).
The essence, structure was revealed and the legal framework of the state registration procedure was analyzed. Specific features of the procedure of state registration of legal entities, sole proprietors, proprietary rights to property and their encumbrances were established: a) it has a public legal nature, which is ensured by the focus on the implementation of constitutional rights provided by articles 41 and 42 of the Constitution of Ukraine; b) the state registration ensures recording of facts and is their public law certification; c) it has an administrative and legal nature, which is manifested in the regulation by administrative law, the declaratory procedure of implementation, and relates to consideration and resolution of individual and specific cases; d) the state registration procedure is a special procedure for legitimizing legal entities, sole proprietors, proprietary rights to property and their encumbrances; e) the state registration process provides for the maintenance and use of state registers; f) the state registration procedure is based on the activities of state registration authorities and officials, which are carried out in a special manner. The procedure of state registration of legal entities, sole proprietors, proprietary rights to property and their encumbrances is defined as a procedure established by the administrative law for performing legally significant acts aimed at resolving individual specific cases in a declaratory manner by an authorized entity regarding the recording of the facts of introducing legal entities, sole proprietors, proprietary rights to property and their encumbrances into the legal field, ensuring the legitimization of their legal status, the legality of the acquisition of relevant rights and their encumbrances. An analysis of the procedure of state registration of legal entities, proprietary rights to real estate allowed to identify the following stages: 1) preparatory; 2) application of a person and acceptance of documents by the state registrar; 3) consideration of applications and verification of submitted documents; 4) taking a decision, state registration and issuance of an administrative act; 5) appealing against the decision, act or omission of the state registrar, which is an optional stage.
The concept was substantiated, the elements of the administrative and legal status of a notary in relations with state registration were identified. The administrative and legal status of a notary as an executive authority of state registration is defined as a set of structural and interrelated elements regulated by administrative and legal provisions which reflect the legal position of a notary in relations with public authorities, local self-government bodies, individuals or legal entities during the exercise of his/her powers in the field of state registration as provided by applicable laws.
