Bilko K. F. Forms and methods of administrative regulation and organization of notaries
The article analyzes the basic forms and methods of administrative regulation and organization of notaries in Ukraine. Under the form of administrative regulation and organization of notaries should understand the outward manifestation of the management of the executive authorities within their powers exercised to organize activities of this institution. The main forms of administrative and legal regulation of notaries and activities are: publishing management regulations (normative and individual character); concluding administrative contracts (agreements); commitment (implementation) other legal activity.
Legal regulation of the organization and activities of notaries in Ukraine is carried out by regulations – laws and regulations. The main problem regulatory scope of Notaries is no single codified legal act regulating organizational principles as notaries and procedural. The individual acts in the field of management of notaries include: order of issuance or revocation of certificate of employment notary, order the appointment of a notary public, the order of registration of private notarial activities and so on. Al. Unfortunately, the Notaries in administrative contracts are used infrequently. As an example, the Agreement on Cooperation between the Ministry of Justice of Ukraine and Ukrainian Chamber of Notaries, signed 11.06.1997 year.
Making (implementation) other legal activity as a form of administrative and legal regulation of notaries, is the implementation by the authorities of different registration activities.
By administratvyno illegal forms of legal regulation and organization of notaries are various kinds of organizational performance and logistical support notarial activities. These forms are provided for by regulations, used constantly and systematically to ensure quality performance notaries tasks assigned to them. Methods of administrative regulation and organization of notaries are ways to implement the power-organizing influence of executive power in general, and relevant judicial authorities, in particular within their authority on the subjects of notaries. In the area of administrative regulation and organization of notaries is the main imperative and dispositive methods.
If you use the imperative method controls Notary establish rules of conduct that perform facilities management - notaries. Imperative method involves setting specific requirements for workplace private notary, enshrined in Art. 25 of the Law of Ukraine “On Notary» and the Regulation of the requirements for the workplace (office) private notary and supervising the organization of notarial activities approved by the Ministry of Justice of Ukraine. In addition to the basic methods of administrative regulation and organization of notaries emit more and more, including methods of persuasion, encouragement, enforcement. Imperative method involves setting specific requirements for workplace private notary. Use the imperative method in the administrative and legal regulation of notarial activities also includes establishing various kinds of restrictions in this area. Permits are methods of administrative and legal support and organization of the notary, is established by the law permits legal to commit certain actions or refrain from committing them. In particular, the notary is allowed to hire employees and put them employment contract, including assistants private notaries. Discretionary method in administrative and legal regulation and organization of notaries who are called by coordination, unlike the imperative method involves legal equality of participants in relationships.
In addition to the basic methods of administrative regulation and organization of notaries emit more and more, including methods of persuasion, encouragement, enforcement.
Key words: forms, methods, legal forms, non-legal form, the imperative method dispositive method.