Notary in the structure of public power: institutional analysis

The article is devoted to the study of the legal nature of notarial services and their place in the legal system of Ukraine in the context of interaction with the judiciary. Various scientific approaches to determining the place of notarial services in the system of public authorities are analyzed, in particular, its attribution to law enforcement agencies, its characterization as an institution of preventive justice and its consideration as an independent public-legal institution. The dual nature of notarial services, which combines public and private principles, is studied: on the one hand, a notary is a bearer of public authority, performing functions delegated by the state, on the other hand, he carries out activities within the framework of a liberal profession, maintaining independence and bearing personal responsibility for notarial actions committed. The correlation of judicial and notarial activities is considered, the position is substantiated, according to which these institutions form a consistent system of protection of the rights of participants in civil turnover without competition or mutual substitution. The preventive nature of notarial activities is analyzed as a key feature that distinguishes notarial services among other legal institutions. Unlike the court, which resolves existing conflicts, the notary public provides legal certainty at the stage preceding the emergence of potential disputes. The legal status of the notary public in the European Union is studied, where it performs a dual task: it remains an instrument of private law regulation and at the same time is a subject of the exercise of public powers in the field of preventing abuse and increasing legal security. International standards of notarial activity are considered, in particular the Principles of the Notarial Function of the International Union of Notaries, which define notarial services as an important tool in the system of administering justice. It is substantiated that the effectiveness of the law enforcement activity of the notary public is determined by the properties of the notarial act, in particular its public credibility. Conclusions are formulated regarding the special place of the notary public in the legal system of Ukraine and the prospects for improving the mechanisms of its interaction with the judiciary.