Karmaza O. Modification of procedural rights in the notarial process of Ukraine under conditions of martime

DOI: 10.33098/2078-6670.2022.13.25.165-171

The purpose of the study is to analyze the features of protection of the rights of citizens and legal entities in the notarial process during martial law in Ukraine. Method. The methodological basis of the study is the philosophical and legal principles of knowledge of social phenomena, in particular those relating to the protection and defense of the rights of persons (citizens and legal entities) in the notarial process. In particular, dialectical, system-structural, normative-logical, sociological, comparative-legal methods of cognition are applied. According to the results of the study, it is proposed to improve the norms of notarial legislation of Ukraine. Results. The article analyzes the legislative regulation of notarial relations during martial law in Ukraine. The content of the concept “protection and defense of the rights of persons in the notarial process” is researched and revealed. It is proposed to use new terms in the theory of notarial process, namely: “notarial process complicated by martial law”, “notarial proceedings complicated by martial law”, “notarial action complicated by martial law”. It is proved that the mechanism of ensuring rights in the notarial process, which is complicated by martial law, has features defined by the Constitution and the Law of Ukraine “On the legal regime of martial law”. The problems of notarial proceedings caused by the aggression of the Russian Federation on the territory of Ukraine are revealed. Given the armed aggression of the Russian Federation on the territory of Ukraine, the introduction of martial law in Ukraine proposed the concept of territorial division of notarial acts. The author’s vision of modification (change) of rights to protection in the notarial process is offered. Scientific novelty. This is the first scientific study of notarial-procedural relations arising in connection with the protection and defense of the rights and interests of individuals, legal entities in the notarial process, burdened by the legal regime of martial law in Ukraine. Practical significance. The results of the research can be used in further scientific articles, in the educational process, as well as by the subjects of the legislative initiative.

Key words: notarial act, armed aggression of Russia on the territory of Ukraine, civil process, protection of citizens ‘rights, protection of citizens’ rights.

References

1. The legislative acts of Ukraine used in this study are posted on the Official Web Portal of the Verkhovna Rada of Ukraine. Legislation of Ukraine. Avaliable at https://zakon.rada.gov.ua/laws/main/index (in Ukrainian)

2. Karmaza, O. O. (2013). Kontseptsii okhorony ta zakhystu zhytlovykh prav v Ukraini: materialnyi ta protsesualnyi aspekty: monohrafiia [Concept of protection and the guard of housing rights in ukraine: substantive and procedural aspects: monograp]. Myronivka: Vydavnytstvo PrAT «Myronivska drukarnia»,  pp. 142-143, 153. (in Ukrainian)

3. Lutska, H. V. (2020). Okhorona ta zakhyst tsyvilnykh prav hromadian u zviazku z tymchasovoiu okupatsiieiu chastyny terytorii Ukrainy: monohrafiia [Protection and defense of civil rights of citizens in connection with the temporary occupation of part of the territory of Ukraine: a monograph]. Kyiv: “Vydavnytstvo Liudmyla”,  204 p. (in Ukrainian)