Notary’s legal responsibility: theoretical aspect and practical measures

Abstract

The article is dedicated to the study of theoretical aspects determining the nature of a notary’s legal responsibility. One of the types of legal guarantees to protect the rights and lawful interests of citizens and legal persons by the commission of notaries, the law of Ukraine «On Notariate» notarial acts is a legal responsibility. In the legal science there are various definitions of the notion of legal liability. Most domestic scholars to reflect any one sign of responsibility: as State measures of coercion; as the duty of the person eхpоsed tо adverse effects and experience of forced deprivation of certain values; How to measure the impact on the offender; as the legal relationship between the State and the offender. Based upon the study it has been noted that the concept of notary’s legal responsibility can be characterized by the three attributes: state constraint, existence of violation of law and its subject, availability of favourable effects for the offender. The ground for legal responsibility is a violation of law where its offense is of particular importance, i.e. all the elements making it up are available (object, subject, objective side, subjective side) and act as an integral whole. Notary’s legal responsibility falls into administrative, disciplinary, civil and criminal ones. The necessary is the norm, or at least the criteria when the notary has to compensate the damage to the person and when such damage is considered to by a notary, not a party to the Treaty. This is very important because it allows to find out when the treaty that is determined to be invalid or which caused a pity party, the notary is drawn as a defendant. To address these issues you want is the systematization of judicial practice, because the law does not give a definitive answer to these questions. This problem has become one of the priorities for the legislative.