NOTARY ASSOCIATION AS A LEADING LEGAL SUBJECT LAYER OF SOCIETY

Authors

DOI:

https://doi.org/10.24919/2522-4700.46.8

Keywords:

Notary, notary community, person, society, law, subject, legal relations.

Abstract

Abstract. In the article, the notary and, accordingly, the notary community are substantiated as a phenomenon of existence of modern man and society as a whole, which means the formation of their subjectivity. But at the same time, they are subjects of all people who apply to the notary system, being at the same time subjects of other types of activity. By certifying certain documents, they also join the content of those laws, according to which the documents receive legal legal status. Thus, subject-subject relations are established in society, and it acquires a legal character. Moreover, in such interaction, the leading party is, of course, the notary, to whom the state has entrusted a certain type of activity. It is also noted that the legal potential of both the notaries themselves and the notary community in general significantly outweighs the legal content of those activities defined by the Law "Notaries in Ukraine". So it should be used, because the public need for it is obvious. The Ukrainian state throughout the short period of time by historical standards constantly creates pressure both from other states that consider it possible to interfere in the internal affairs of an independent country, and from the insufficient level of civil legal awareness of a certain part of society, which rather vaguely hinders its essence and needs. Belonging to the structure of civil society, as well as the state, the notary community can and should assert itself in this function as a guide of legal, and not use professional knowledge. We proceed from the fact that legal relations between people should not be formed as a forced state obligation, but proceed from these norms, which are objectively formed between them and which have already gained actual approval. In such a case, their legislative and legal consolidation will be perceived as proper, and not as an incentive to their non-fulfillment.

References

1. Закон України «Про нотаріат» : Закон України від 28 вересня 1993 р. No 39. Відомості Верховної Ради України. 1993.

2. Конституція України : станом на 1 верес. 2016 р. / Верховна Рада України. Харків : Право, 2016. 5 с.

3. Сміт Дж. Е. Національна ідентичність. Київ : Основи, 1994. 223 с.

Published

2025-02-20

How to Cite

MANOYLO, N. (2025). NOTARY ASSOCIATION AS A LEADING LEGAL SUBJECT LAYER OF SOCIETY. Human Studies: A Collection of Scientific Articles of the Drohobych Ivan Franko State Pedagogical University. Series of Philosophy, (46), 136–151. https://doi.org/10.24919/2522-4700.46.8