Summary: 1. Introduction. – 2. The Modern Concept of the Registration of Rights to Real Estate and Their Encumbrances in the Light of Their Implementation. – 2.1. General Regulations. – 2.2. Agencies Authorized to Conduct State Registration. – 2.3. Arguments in Favor of Acknowledging State Registration of Real Rights and Their Encumbrances as Interior State Functions and the Introduction of Responsibility of the State for Mistakes and Intentional Violations Made by State Registrars. – 3. Forms of Participation and Functions of Notaries in the Process of Actualizing State Politics Pertaining to the Registration of Rights to Real Estate and Their Encumbrances. – 3.1. Historical Development of the Notaries Public on the Territory of Ukraine. – 3.2 Subjects of the Implementation of Notarial Activities. Arguments for Creation of Open Corporations. – 4. Conclusions.
The relevance of the research is substantiated by the chain of factors, two of them being of particular importance. Firstly, it is connected with the process of creating the stable model of property institute operation and its protection: at the level of conceptual decisions on land market introduction, and in practical context – through determination and elimination of legislative gaps, which facilitated numerous abuses in the process of acquisition and/or conveyance of title to immovable property. Secondly, announcement and prolongation of the realization of the legal reform also stipulates the reformation of notarial system – not only in the context of its internal organization, methodological support of its operation, authorities and functions, but also considering the interaction with the other authorities, which are competent in title registration.
The author analyses the role and functions of notarial authorities in the common system of title protection in Ukraine; defines the sufficiency, effectiveness and performance of the legal regulation level in the process of succession; considers the purpose and the tasks of notarial performance in the area of title protection and analyses the offered legislative novelties at the conceptual level.
The author of this article comes to the conclusion that an extensive scholarly discussion shall be held on the grounds of which the contents and functions of notarial system in the system of property rights protection should be settled.