ШЛЯХИ ЗАПРОВАДЖЕННЯ ЕЛЕКТРОННИХ ДОВІРЧИХ ПОСЛУГ У НОТАРІАЛЬНОМУ ПРОЦЕСІ
Journal Title: Південноукраїнський правничий часопис - Year 2018, Vol 4, Issue 1
Abstract
Fundamental discoveries, developments and achievements of modern science and technology have become a catalyst for the explosive development of information and communication technologies, which create new social relations that require the settlement of new rules of law in various information areas. The current problem is the development of digital notarial services for the purpose of realization of civil legal transactions in digital form and using electronic trust services and digital signature. The scientific opinion considers the possibility of creating an informational and technical system of centralized access to state registries, electronic documents circulation between notaries and other entities under the auspices of the Notary Chamber of Ukraine, as well as a notarization of transactions with the use of digital means. Some lawyers believe that the reform of notarial activities should begin with bringing the national legislation in line with European and world standards. Also, the notary public is studying the model of gradual digitalization of notarial activities by means of the step-by-step introduction of electronic services of a notary using the best world notary practices, such as, for example, the Latvian “Virtual Bureau of Notary”. At the same time, there are reservations that excessive use of digital technologies in the legal field will lead to the replacement of legal professionals on robotic devices with artificial intelligence. The problem of territoriality affects the possibilities of operational support for notarial services in rayon cities and rural areas, and not so much in material as in organizational terms. In addition, even in cities there is a sufficiently large proportion of persons who have restrictions due to physical impairment or elderly age, as well as due to life circumstances, unable to use the notarial services in a timely manner and in full. Legislation does not provide legal grounds for applying modern information technologies and telecommunications, including the Internet, for the mobility of the notary’s activities and the provision of various digital notarial services remotely, as well as for the conduct of non-notarial acts, in order to give them legal certainty. The problem of replacing paper with electronic document circulation in a notary is currently relevant and debatable. The issue of cross-border recognition of digital signatures and electronic trust services used in the notarial activity remains unresolved. This problem concerns not only the notary but also the whole national digital signature sphere in general. Legal discussion needs a question of the necessity of obligatory presence of clients during the creation of a notarial service and the commission of a notary public in order to establish a person, his will or awareness of the essence and content of notarial acts that are being committed. The problem is also the problem of replacing a paper notarial blank on digital. Proceeding from the needs of both the notary community and citizens and organizations of all forms of ownership, it is expedient to create electronic notarial services and a unified informational and technical support of notarial activity in general through the introduction of the national information and technical system of electronic notary Creation of an electronic notary system will require development: digital cryptographic forms generators and their registers; registers of officials of local self-government bodies who perform notarial acts; new electronic qualified trustee services: “electronic qualified signature of the notary”, “electronic qualified seal of the private/state notary”, “electronic notarization stamp”, “electronic mark of the notary’s time”, “electronic signature of the official of the local self-government, which carries out notarial acts”, “Electronic signature of an official of a consular establishment that carries out notarial acts”. In addition, the system should have access to the National Trust Center, whose task will be verification of digital signatures and electronic trust services provided to Ukrainian accredited key certification centers, as well as foreign digital signature vendors. So, in the presence of the relevant agreements, digital signatures of the Ukrainian notary will be recognized abroad and foreign digital signatures in Ukraine. The ITSEN Digital Notary System will stimulate the development of new digital notarial services. Thus, the national information and technical systems of the electronic notary will become an element of the nationwide system of electronic governance, and electronic resources of the notarial activity, respectively, will be part of the state information resources that will require the appropriate level of protection and information security that the relevant authorities can provide.
Authors and Affiliations
О. В. Костенко, В. В. Костенко
Keywords
Related Articles
- EP ID EP608044
- DOI -
- Views 60
- Downloads 0
ПОДАТКОВЕ ПРАВО УКРАЇНИ ЯК ОСНОВНИЙ РЕГУЛЯТОР ПОДАТКОВОЇ ДІЯЛЬНОСТІ
In the article, on the basis of the study of the theory of law and the analysis of the current legislation, the features of the tax law of Ukraine as the main regulator of tax activity are clarified. It was clarified tha...
ЗАХИСТ ПРАВ ПОТЕРПІЛИХ: СТАН ЧИННОГО КРИМІНАЛЬНОГО ТА КРИМІНАЛЬНО-ПРОЦЕСУАЛЬНОГО ЗАКОНОДАВСТВА УКРАЇНИ ТА ПЕРСПЕКТИВИ УДОСКОНАЛЕННЯ ВІДПОВІДНО ДО МІЖНАРОДНО-ПРАВОВИХ СТАНДАРТІВ
The article analyzes the protection of victims’ rights through the prism of the current state of the current criminal and criminal procedural legislation of Ukraine, as well as the prospects of improvement in accordance...
АНАЛІЗ ПОЗИТИВНОГО ДОСВІДУ КРИМІНАЛЬНО-ПРАВОВОЇ РЕГЛАМЕНТАЦІЇ АРЕШТУ ЯК ВИДУ ПОКАРАННЯ В ЗАРУБІЖНИХ КРАЇНАХ
The article is devoted to the analysis of the positive experience of the criminal legal regulation of arrest as a form of punishment in foreign countries. It is established that the arrest in modern conditions, as a form...
СУТНІСТЬ АУДИТОРСЬКОЇ ДІЯЛЬНОСТІ В УКРАЇНІ
The modern development of any state is impossible without the establishment of an effective mechanism for ensuring the state’s security (economic, state, external and internal), favorable and safe conditions of human lif...
ДЕЯКІ АСПЕКТИ ЗАСТОСУВАННЯ СПЕЦІАЛЬНИХ ЗНАНЬ ПІД ЧАС СПОСТЕРЕЖЕННЯ ЗА ОСОБОЮ, РІЧЧЮ АБО МІСЦЕМ
In the article based on a study of the determined specific features of the application of knowledge during the observation of a person, place or thing.