ON CHILD’S RIGHTS BEFORE AND AFTER BIRTH

The article is devoted to the issues of the unborn child’s rights and the abuse of the rights of children born. Examples of various legal orders protecting the life of a child before birth are given. The issue of the need to protect unborn children in the national doctrine is analyzed. The author’s definition of abuse of law in family legal relations is proposed. The abuse of the right by the child is characterized.

NOTARIAL WRIT OF EXECUTION AS A RIGHT ABUSE INSTRUMENT

This article discusses some of the features of performing such a notarial act as making an Executive inscription by a notary. In this article, by comparing with the institution of order production, the author draws attention to a number of problems that exist in the institution of a notary’s executive inscription, which make it possible to turn this notarial action from a method of protecting violated rights into an instrument of abuse by claimants, and also suggests ways to solve them.

THE SOCIAL EFFECT OF THE FREEDOM OF WILLS AS REFLECTED BY THE JUDICIAL PRACTICE

The author proves the idea of sanctity of the testator’s will and the development of opportunities for its most complete implementation in the laws as well as in the modern notarial practice. Judicial practice in cases on acknowledgment of a will invalid is in the center of the author’s attention. Its analysis has allowed to identify the tendency of acknowledgment of wills made in favor of persons taking care of the elderly over the last years of their lives invalid based on claims of relatives showing no concern and paying no attention to the elderly during their lifetime. In the meantime, wrongful acts of notaries expressed in violation of the procedure and the rules for performance of notarial actions have served as the grounds for acknowledgment of wills invalid. The author encourages notaries and judges to pay more attention to the testator’s will (intentions) and create all conditions to implement such will after the testator’s death as adequately as possible.

THE PROBLEM OF DETERMINATION OF THE PERSONAL CHARACTER OF TESTATOR’S OBLIGATIONS WITHIN THE FRAMEWORK OF THEIR INCLUSION IN THE MASS OF THE SUCCESSION

The article examines controversial issues related to the responsibility of the heirs for the obligations of the testator, which have a connection with his personality. The article analyzes the opposing legal positions developed by judicial practice to determine the legal nature of these obligations. The conclusion is substantiated that it is necessary to include in the hereditary mass of obligations to compensate for moral harm and to compensate for harm to life and health, as not having a personal character.

CONSEQUENCES OF PERFORMANCE OF LEGAL ACTIONS WITH NO PRELIMINARY PERMISSION FROM A GUARDIANSHIP AND CUSTODIANSHIP AUTHORITY

The article reveals and critically analyzes the legislative model of legal effects in case of violation of the rule on the need to obtain preliminary permission from the guardianship authority to perform certain actions; the insufficient elaboration of the modern normative structure is proved, including from the position of a balanced and effective protection of the interests of the ward and third parties.

ON OPPORTUNITIES FOR BROADENING OF NOTARIES’ POWERS IN TERMS OF ORGANIZATION OF VIDEO CONFERENCING WITH COMMERCIAL AND GENERAL JURISDICTION COURTS

In this article, the author considers the possibility of expanding the powers of notaries in terms of granting them the right to assist the courts in organizing court sessions through videoconferencing systems. The author concludes that the legal basis for this has actually been created, and such a consolidation of additional rights of notaries will significantly simplify the procedure for the remote participation of individuals in the consideration of the case. The granting of this right to notaries is especially relevant in the light of the development of the coronavirus pandemic COVID-19, which imposes serious restrictions on the possibility of direct, full-time participation of persons in court hearings.

FROM THE MERCHANT’S WORD OF HONOR TO THE NOTARIAL PROTECTION IN ENTREPRENEURIAL ACTIVITIES

The article presents the historical development of binding agreements in business activities from honest merchant’s word to notarial protection. At the present stage, according to the author, it is necessary to rethink the interpretation of the honest merchant word as a national phenomenon in business.

ACTUAL ACCEPTANCE OF INHERITANCE AS ONE OF ACCEPTANCE MEANS

The article discusses topical issues related to the actions of the heirs that arise in the process of their actual acceptance of inheritance, its registration, analyzes the actions that indicate its fulfillment, expression of will. The legal analysis of the actual acceptance of the inheritance as one of the ways of its acceptance is carried out. The difference between the actual acceptance of the inheritance and the restoration of the missed term for the acceptance of the inheritance is considered.

EXERCISING OF JUDICIAL CONTROL OVER NOTARIAL ACTIVITIES: SOME CHALLENGING ISSUES

The article reveals the procedure for exercising judicial control over notarial activities, analyzes the main types of control, identifies some problematic issues of proposals for improving legislation.

THE NOTARIAL SYSTEM TODAY, DIGITAL OR ELECTRONIC?

Through the text of this article the analysis of the current legislation for the use of the concepts “electronic document”, “electronic image of a document”, “digital document” is carried out, the points of view of scientists who have analyzed the indicated concepts are given, the requirements for the registration of electronic documents are studied, it is concluded that the legislation more often such concepts as “electronic document”, “electronic document image” are used; in the scientific and legal literature, they adhere to the point of view about electronic notaries, and not about digital.