Notarization Of The Contract As A Means Of Protecting Civil Rights By A Notary Public

  • V.V. Semkiv
Keywords: notaries, notarial activity, legal and constitutional status of notaries, the mechanism of protection of rights and freedoms of man and citizen.


The notary has been characterized as a specific institute for the protection of human rights and freedoms. A distinction is made between the concepts of «protection» and «defense» while conducting notarial activities. The issue of the participation of the notary in the protection of civil rights at the conclusion of contracts is considered. The legal nature of the notarial form of protection of civil rights, its significance, as well as the place in the system of jurisdictional forms of protection of civil rights and interests is investigated.

The notary is a special legal phenomenon. As a part of the legal mechanism of the state, the notary is at the same time an institution of civil society which performs on behalf of the state the function of protecting the rights and interests of citizens, legal entities, state and society by committing notarial acts, which, in turn, is the primary purpose of the notary activities.

The uniqueness of the legal nature of the notary is disclosed through the ability to organically combine the function of protecting public interests and private interests without contradicting them in the mode of so-called preventive activity and ensuring the stability and non-conflict of civilian turnover. Increasingly, in research of the essence of the notary's form of protection, the notary is called the institution of extra-judicial preventive protection, which, in its activities, should contribute to the achievement of the objectives of justice, preventing the emergence of litigation.