TO THE HISTORY OF NOTARIES IN THE CONTEXT OF STATE PROCESSES IN UKRAINE
Journal Title: Історичний архів. Наукові студії - Year 2016, Vol 0, Issue 16
Abstract
This article deals with historical stages of development of notaries during all the time of the Ukrainian state. The matter is that the notary serves as one of the legal forms of the people’s relations consolidation. In the course of the research four basic development stages of notary were found and identified, including the Princely, Cossack, National and Democratic and Modern ones. Taking into account the specificity of their development each of these stages had its own characteristics and peculiarities. The first stage of notaries’ development in Ukraine was the period of the princely state. At an early stage of this period there was no need for people to approve documentary civil agreements. That is why they were concluded orally and the fact of their commission was confirmed by the witnesses in court. But the situation has slightly changed after the XII century. There appeared a need for notaries function that was associated with a low educational level of the population and increasing the demand of legal services, which were regulating the purchase and alienation of rights to land and serfs, and later - in real estate. The Cossack stage was marked by the fact that until the middle of the XVIII century written agreements were mostly absent. Although later, the system of compulsory attendance, registration and recording to the government (judicial) books of private acts has appeared. So we can observe the sights, documents of Ukrainian law that regulated the relations of courts and notaries activities. In the years of independence the Law of Ukraine «On Property» (1991) and other legislative acts (for instance the Law of Ukraine «On Notary» (1993)) were adopted. As a result the competence of public notaries has expanded considerably, increased the need, the number and scope of notaries acts.
Authors and Affiliations
N. Shevchenko
Keywords
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