HISTORICAL DEVELOPMENT OF GOVERNMENTAL CONTROL OVER THE NOTARY ACTIVITY IN UKRAINE (1922–1940)
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 3, Issue
Abstract
The article is dedicated to the study of control and supervision over the notary activity during Soviet period in 1922–1940. A number of subjects, which had the right to supervise and control notary activity were analysed. It should be mentioned that the control and supervision are characterized by the inspection of appropriate authorities, concerning the adherence of the rules of law, special regulations,ьinstructions etc. In general, the control and supervision over the notary activity in 1922–1940 was fulfilled by The People's Commissariat of Justice. However, there were frequent changes in the legal system, particularly in the notary sphere, as a rule, without any reasons. A number of legal acts in respect to state control over the notary activity were analysed, and we focused on particularities and differences of this or that sources of law. Having analysed the legal aspects of state Soviet control in Ukraine (1922–1940), we found out both positive and negative aspects. Regarding negative apects, frequent changes in Soviet laws should be mentioned. Other negative aspect of Soviet notary system was that judicial authorities organized and controlled the notary system as the courts could not devote proper attention to the notary activity because of their primary function – to administer justice. Both positive and negative aspect of the Soviet notary system was that notary system was state-operated. During the Soviet period the notary wasn’t considered as the income-earning authority which delivered service, inversely the activity of notary was focused on providing notarial actions. Therefore, there is an interest in studying Soviet notary system itself, as it was supposed, by its competence, to monitor the legality in civil life and adherence of the interests of the State.
Authors and Affiliations
О. С. Чепець
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