LEGAL LIABILITY OF NOTARIES UNDER THE LAW OF UKRAINE IN THE CONTEXT OF THEIR BELONGING TO THE LATIN-TYPE NOTARIAL SYSTEM

Abstract

The article is devoted to the analysis of the legal responsibility of notaries in notary systems of the Latin type in order to borrow positive experience for the modernization of the institution of legal responsibility of notaries in Ukraine. Proper performance by notaries of their duties is a guarantee of guaranteeing every citizen the observance of his rights and freedoms. Ukraine is on the path of European integration, therefore legislation in the field of notarial activity must meet European standards. Being a member of the International Union of Latin Notaries, Ukraine needs to bring national legislation into line with the main characteristics of Latin notaries, including in the field of notary legal responsibility. The re-sult of the establishment and formation of the Latin-type notary was a long evolution of legal ideas in the countries of the Romano-Germanic legal system. These legal ideas are the result of the development of culture and human civilization and valuable achievements of legal science. Latin-type notary is divided into: German-style notary, French-style notary and mixed form of notary. The scientific article examines each of the types of the Latin notary system. The notary of the German model is built in such a way that the function of the notary is excessively formalized, since the notary does not take an active part in conducting consultations, nego-tiations, requesting necessary documents, etc., which actually constitutes preparation for notarial actions. The work of a notary is reduced only to the development of the appropriate, necessary act for the client and its further certification. The notarial system of the Latin type of the German model was studied in the scientific work on the example of Germany. The French model of the Latin notary, unlike the German model, is characterized by the initiative of the notary himself from the moment an interested person approaches him and the presence of close interaction between them during the entire time of the notarial act. The French model was considered on the example of France. A mixed model, which combines elements of the German and French models, was examined using the example of Spain and Estonia. Studying the peculiarities of legal responsibility in countries with a Latin-type notary system, a conclusion was made about the need to improve the legislation of Ukraine regard-ing the application of the institution of notary legal responsibility.