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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, Yurii, 1985-
(författare)
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ІТ та нотаріат : IT and Notariat
- 2019
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Ingår i: ІТ право. теорія та практика. - Ukraine : Phenix. - 9789669281678 ; , s. 410-426
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Bokkapitel (populärvet., debatt m.m.)abstract
- In the chapter issues of the implementation of informational technologies in notarial activity in Ukraine are explored from the legal perspective.
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