Evolution of legal regulation of digitalization of notarial activity in independent Ukraine

Author:

Dolynska Mariia

Abstract

The relevance of the study is due to the insufficient regulation of digitalization processes in notarial practice in the Law of Ukraine “On Notaries”. The purpose of the article is to study the genesis and evolution of digitization (digitalization) of notarial activities in independent Ukraine, highlighting the main stages of this process. The key role in the study was played by the comparative legal and historical legal methods, which were used to carry out a detailed analysis of the legal regulation of the development of digital technologies in notarial activities in the period of independent Ukraine. The author also uses the axiological method in the study of legal acts. The article outlines the use of information technologies in the field of notarial activity. The author examines the issues of legal regulation of the use of electronic registers in the notarial activities of independent Ukraine. Attention is paid to notaries as participants of the notarial process, who use the information of the Unified and State registers in their activities. The author emphasizes the importance of considering the international experience of countries where electronic registers have been successfully implemented and are functioning, and where digital technologies are used in notarial practice. The author identifies five main stages of digitalization of notarial activities in Ukraine. The first stage covers 1996-1999; the second – 2000-2003, the third – 2004-2012, the fourth – 2013-2020, the fifth stage began in 2021 and will last for the period of introduction of the e-notary system in the State. The author outlines the emergence and formation of a new legal institution and legal principle – digitalization of notarial activity, without which modern notaries are unable to perform their duties. The author substantiates the position that the use of e-notary technologies will contribute to the further development and improvement of notarial activities in Ukraine. The practical significance of the work lies in the fact that the proposals formulated on the basis of the results obtained can be used to improve the current legislation, as well as directly in notarial activities

Publisher

Scientific Journals Publishing House

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