LIABILITY INSURANCE OF A PRIVATE NOTARY AS A NECESSARY CONDITION FOR ACCESS TO PRIVATE NOTARY PRACTICE IN UKRAINE

Abstract

Scientific research is devoted to the actual problems of conducting notarial activities in sovereign Ukraine. Mandatory insurance of private notary activity serves as a guarantee for compensation to individuals and legal entities for damage caused by private notaries as a result of their activities. The article examines the emergence and formation of the legal regulation of the insti-tute of insurance of private notarial activity on Ukrainian lands as a mandatory condition for employment and conduct of private notarial activity. In the course of scientific research, the author found out that certain principles of insurance of private notary practice in the territories of Western Ukraine were already observed in the second half of the 19th century. The introduction of the basic principles of the Latin type of notary in independent Ukraine led to the emergence of a new subject of notarial activity of a private notary and, accord-ingly, to the establishment of the institution of private notary liability insurance as a specific method of professional liability. It is noted that only a private notary is subject to mandatory insurance for professional private notary activity. The author claims that during the years 1994-2023, the state underwent a process of development of legal regulation of guaranteeing the provision of notary services by private notaries: from the institute of service insurance of private notaries to the institute of liability insurance of private notaries. It is substantiated that the increase in the insurance amount under the insurance contract for private notary activity occurred in connection with the ex-pansion of the powers of private notaries in the state. The author summarizes that the liability insurance of a private notary is a necessary condition for both the initiation and conduct of a private notary practice by such a notary.