Pastukh I. Legal regulation of termination of notary activities in connection with the commitment of an administrative offense related to corruption

DOI: 10.33098/2078-6670.2023.15.27.2.112-118

Purpose. The purpose of the work is to analyze the reasons for the termination of notarial activity by private and state notaries, to identify their features and grounds for application, to determine directions for improving their legal regulation in the legislation on notaries. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the research, the following methods of scientific knowledge were used: analysis, terminological, logical-semantic, systemic-structural, comparative. Results. In the course of the research, it was recognized that despite common features regarding the exercise of the right to engage in notarial activities, perform notarial acts, etc., notaries of state notary offices can commit a wider range of administrative offenses related to corruption, unlike private notaries. It was established that out of all possible administrative offenses related to corruption by a public notary, a public notary, unlike a private one, can be dismissed only for one – violation of the requirements for the prevention and settlement of conflicts of interest. For all other offenses, such a notary is liable on general grounds and only in the case of a repeated offense by a state notary, who has already been subject to an administrative penalty for a similar act within a year, is the basis for his dismissal. Originality. It is proposed to determine the same grounds for the termination of notarial activity by a private notary and the dismissal of state notaries for committing administrative offenses related to corruption, and to establish a one-year limitation period for such activity after its termination (dismissal) in connection with bringing notaries to administrative responsibility for their commission. Practical significance. The results of the study can be used in the law-making and law-enforcement activities of justice bodies when determining the grounds for the termination of private notary activity and the dismissal of a public notary in connection with the commission of an administrative offense related to corruption.

Key words: legal regulation, notarial activity, notarial actions, termination of notarial activity, private notary, state notary, administrative offense related to corruption.

References

1. About notary: Law of Ukraine No. 3425-XII (1993, September 2.). Retrieved from: URL: http://zakon3.rada.gov.ua/laws/show/3425-12 (in Ukrainian)

2. On prevention of corruption: Law of Ukraine No. 1700-VII (2014, October 14).. Retrieved from: URL: https://zakon.rada.gov.ua/laws/show/1700-18#n1793 (in Ukrainian)

3. Kurylo, T. S. (2018) Administratyvno-pravovi zasady protydii koruptsii v sferi zdiisnennia notarialnoi diialnosti v Ukraini [Administrative and legal principles of anti-corruption in the field of notarial activity in Ukraine]. Kyiv: “Helvetyka” Publishing House. (in Ukrainian)

4. Code of Labor Laws of Ukraine No. 322-VIII (1971, December 10). Retrieved from: URL: https://zakon.rada.gov.ua/laws/show/322-08#Text. (in Ukrainian)