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- Orzikh, Yu.H. 1985-
(författare)
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нотаріальна таЄМницЯ і проБлеМи ЇЇ правоЗастосуваннЯ: МіФи та реальність : NOTARIAL SECRECY AND THE PROBLEMS OF ITS ENFORCEMENT: MYTHS AND REALITY
- 2019
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Ingår i: Uzhhorod National University Herald. Series: Law. - : Uzhhorod National University. - 2307-3322. ; 59:1, s. 162-166
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- The article is devoted to the problems of application of the notary’s duty to keep notarial secrecy (confidentiality). Theoretical, legislative and practical aspects of notarial secrecy and its application are investigated. In particular, notarial secrecy is considered as the basis of notarial activity and ethical rules of notariat and its organization. The assumption is made that in case of practical impossibility to keep notarial secrecy and threats to notarial secrecy, the level of public trust in the notarial institute will decrease. This, in turn, will lead to a more rapid formation of personal trust relationships and appeal to the notary not as a subject, which can provide appropriate legal assistance and protection of rights and interests, but as a representative of the institute to which the law is required to apply and to whom the person would not turn unless the law required it.The author emphasizes the impossibility of the existence of a notary institution in the conditions of inefficient legislative regulation of notarial secrecy (confidentiality). The ambiguity of legislative regulation is a generating factor for differential law enforcement practice (application of law). Thus, on the materials of the requests of the relevant authorities and officials, in the conditions of necessity to keep notarial secret, the content and nature of the requested information and documents from notaries are analyzed. At the same time, the author emphasizes that even the most perfect legislative regulation of notarial secrecy cannot withstand the realities of everyday law enforcement (application of law) and will entail again ambiguous and differentiated practice of law enforcement. The causal link assumed by the author is that every law enforcement entity operates within the conditions and legal frameworks constructed by the law governing it, the entity, its activities and such regulatory framework, as a rule, without taking into account the features of notarial activity. In other words, the lack of systematicity in the legal system is reproduced in the activities of law enforcement entities, and therefore can be overcome by adjusting the activities of law enforcement entities by the entities themselves. That is why the author believes that quality and effective legislative regulation is a necessary but not sufficient condition for solving the problem of law enforcement practice. The solution to the problem should be based on the basis of qualitative legislation and dialogue of the subjects of law enforcement, which will allow each party to hear the position of the other and create a mechanism for implementation of specific norms without violating them (infringing them) and / or abusing their application. The conclusion is made about the possibility of using mediation in a law enforcement practice (application of law practice) where law enforcement subjects are able and agree on a single interpretation of a specific law in a particular situation.
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- Orzikh, Yu.H. 1985-
(författare)
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ЩОДО ОКРЕМИХ АСПЕКТІВ ШВЕДСЬКОГО ПІДХОДУ ДО ПРИВАТНОГО ПРАВА: ПОРІВНЯЛЬНИЙ АНАЛІЗ : ON THE CERTAIN ASPECTS OF THE SWEDISH APPROACH TO PRIVATE LAW: COMPARATIVE OVERVIEW
- 2023
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Ingår i: Juridical scientific and electronic journal. - : Law Faculty of Zaporizhzhia National University. - 2524-0374. ; :6, s. 158-162
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- The article provides a comparative analysis of the Swedish approach to private law and the legal system of Ukraine. The study is motivated by Ukraine's obligations to harmonize its law with EU law, given its candidacy for EU membership.The article discusses several aspects of Swedish private law, including its sources, the principle of freedom of contract, the principle of pacta sunt servanda, the principle of clausula rebus sic stantibus, the right to make a will, and the role of the state in private law relations, specifically the Swedish Tax Administration as a state agency.The author asserts that there is a correlation between the method of regulation of private law relations and the system of sources of law in a legal system. The more the law enforcement practice and legislation give primacy to the subjective will of participants in private law relations as a source of their regulation and a source of law, the less influence the imperative method of regulation will have in these private law relations.In addition, the article highlights the unique position of the Swedish Tax Administration in private law relationships, particularly family and inheritance relations. The author concludes that state integration into private legal relationships, as exemplified by the Swedish Tax Administration, does not inherently result in limitations of any individual rights and freedoms. The author concludes that registration of marriage contracts is necessary in order to protect the rights of spouses, their heirs, and third parties more thoroughly.As it efforts to harmonise its laws with those of the EU, the article suggests that Ukraine can learn from Sweden's approach to private law. The author also emphasises the need for additional research to completely comprehend the peculiarities of Swedish private law before using it as an example.
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