Infopaket

Notarial process

Вибіркова дисципліна для ОП

Second

2023/2024

2 Semester

4

Know the law on notaries, substantive law, including private international law, know the approaches and ways to establish the content of foreign law that a notary may apply in notarial proceedings, international treaties that the notary must take into account when performing notarial acts with a foreign element . Properly assess the situation by the decision of the person to the notary, provide comprehensive legal advice, explain the content and nature of certain transactions and consequences that may occur to the person as a result of their commission, offer the person the best way to protect their undisputed rights the emergence of future deadlines, in particular, the mediation procedure, to take into account the principle of the rule of law and the possibility of its implementation in notarial proceedings. Be able to draft substantive acts (contracts), procedural.

Distance form

Know the organizational structure of the notary and its constituent bodies, their competence and organizational issues of notaries and other persons authorized by the state to perform notarial functions both in Ukraine and abroad, the legal nature of the notary as a body of undisputed (pre-trial) jurisdiction, the status of the notary and the requirements to which the functions of the notary are basic and additional, different types of responsibilities of the notary, rules of ethics, self-government of notaries. Notary legislation and substantive law that affect it.

Within the discipline the theory of notarial process as one of the branches of legal science, its conceptual apparatus, subject, methods, system, functions, principles, notarial procedural legal relations and their subjects, evidence, arguments, proofs, proofs, general characteristics of notarial proceedings, stages of the notarial process, the notarial procedure and the legal nature of the notarial act are investigated. The analysis of legal systems of notary of foreign countries and notarial procedures of notarial acts with a foreign element (international notarial process) is provided.

1. Fursa E.E. Transnational notarial process: the formation of a new direction in the science of notariate // Law of Ukraine. 2021. № 1. S.246-260. 2. Fursa E.E. The science of transnational notarial process: essence and preconditions of formation // Vishegrad Journal on human rights.2020.№ 6 (volume 1). C 100-105. 3. Fursa S.Ya., Fursa E.I. Notary as an element of the law enforcement function of the state // IV International Legal Forum "Human Rights and Public Governance" (May 21, 2021, Chernivtsi). Chernivtsi, 2021. Pp. 71- 76 4.Fursa S.Ya. Introduction to the current topic of the issue "Notary in the national legal doctrine" // Law of Ukraine 2020. № 9. P.11-19. 5. Fursa E.I. The present of Ukrainian notariate: current problems and their doctrinal solution // Law of Ukraine 2020. № 9. P.20-42 (Professional publication. Scientometric database "Index Copernicus International" (Poland) and HeinOnline (USA).

1) verbal method (lecture, discussion, taking into account such methods as inductive, deductive,); 2 visual method (demonstration) through the use of various information technologies; 3) interactive method, by solving situational problems and on their basis of drawing up both material and procedural documents, solving test tasks; 3) independent work is reduced to solving problematic, not regulated or not fully regulated by law legal situations; 4) research work is to involve students in conferences, round tables, preparation of scientific articles and reports.

report (speech on a given topic) - up to 3 points; supplement to the report - 1 point; express survey - up to 2 points; colloquium - up to 3 points; legal problem solving - up to 5 points; independent work - up to 5 points; report on the topic of individual task - up to 5 points; report on the performance of an individual task - up to 5 points; essay (short answers to questions) - up to 2 points; testing (from the set of judgments to choose the right ones) - up to 10 points; abstract (meaningful written work on a given topic with analysis of the literature and conclusions) - up to 5 points; participation in the discussion - up to 2 points; development of a draft material and procedural document - up to 5 points; 14. problem solving - up to 5 points; 15. control work - up to 10 points.

Ukrainian