公证作为乌克兰法律制度形成的一个因素

Oleksandr Nelin
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摘要

笔者对乌克兰公证制度作为乌克兰法律体系的一个独立组成部分的一些理论和实践方面进行了研究。强调国家有自己的国家法律框架,具有固有的法律习惯和传统,立法和立法机构,形成了特定的法律心态和法律文化,所有这些都被整合到“法律框架”的概念中。在任何国家,法律框架是法律文化的组成部分,是由其历史和法律方面决定的,是国家社会制度的一部分。笔者认为,公证制度在强化法律框架方面发挥着重要作用。一个有趣的例子可能是公证系统在COVID-19大流行条件下的有效适应。尽管卫生和流行病形势复杂,公证员仍按照法律规定的必要措施和限制继续工作。乌克兰公证处通过了建立“值班公证处”的决定,以保持民事营业额的稳定。此外,乌克兰公证处为个人和企业开通了一条开放的支持热线,在那里可以获得有关公证问题的建议。当亲自拜访公证人的可能性有限时,指定的服务为人们提供了远程模式下必要的法律支持。另一个证明公证制度对某些新条件的灵活性和适应性的例子是信息技术的实施,建立了最重要的公证行为的单一数据库,这是公证过程中与我们时代需求相关的一个新阶段。下一阶段应该是建立一个公证机构的单一计算机网络,它不仅将提供公证人员或行为的某些信息,而且将使公证人员的国际合作成为可能。这将缓解公证过程中存在的某些弊端,为公证行为提供强有力的信息保护。这条道路上的最后一步应该是把所有执法和人权机构及其合作纳入一个单一的计算机网络。重点是需要在公证活动的立法控制领域进行进一步的科学研究。关键词:法律框架,公证制度,公证制度功能,电子公证系统(Е-notary系统),流行病,公证制度改革。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Notariat as a factor of forming legal system in Ukraine
The author has studied some theoretical and practical aspects of the notary institution as an independent component of the legal system of Ukraine. It is emphasized that the state has its own national legal framework with inherent legal habits and traditions, legislation and legislative bodies, with formed specific legal mentality and legal culture, all which is consolidated into the notion of «legal framework». In any state the legal framework being an integral part of the legal culture is determined by its historical and legal aspects and is a part of social system of the country. The author specifies that the important role in strengthening the legal framework is played by notary system. A fascinating example could be the efficient adaptation of the notary system to operate under conditions of COVID-19 pandemic. Despite the complex sanitary and epidemiological situation, the notaries continued working keeping to the necessary measures and restrictions as required by the law. The Notary Chamber of Ukraine adopted the decision to create «duty notary offices» that enabled to keep the civil turnover stable. Besides, the Notary Chamber of Ukraine launched an open support line for people and businesses where it was possible to get advice on the notariat issues. The specified service provided the population with the necessary legal support in distant mode when possibility of visiting a notary public in person was limited. Another example demonstrating flexibility and adaptivity of the notary system to certain new conditions is implementation of information technology, creation of a single database of the most important notary acts, which is a new stage in the notarial process associated with the demands of our time. The next stage should be creation of a single computer network of the notary bodies which will not only provide certain information of a notary public or act, but will make the international cooperation of notaries possible. All that will relieve the notarial process of certain drawbacks and will provide strong information protection of the notarial acts performed. The last on this path should be the integration into a single computer network of all the law enforcement and human rights bodies and their cooperation. Emphasis is placed on the need for further scientific research in the field of legislative control of notarial activities. Key words: legal framework, notary system, functions of notary system, electronic notary system (Е-notary system), pandemic, reform of notary system.
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