Administrative control by legality notary activity

The article is devoted to the disclosure of the concept and essence of administrative control over notarial activity. It is noted that administrative control is a type of external control performed by other bodies in relation to notaries (persons authorized to perform notarial acts). Along with judicial control, it acts as an element of state regulation of notarial activity in order to verify whether the notary himself complies with the rules established by the state. Based on the analysis of the Law of Ukraine «On Notaries», four objects of administrative control by the justice authorities over public and private notaries are distinguished: the organization of the notary, the organization of notarial activities, the procedure for performing notarial acts and the rules of notarial administration. The procedure for performing notarial acts is an object of administrative control, which is directly related to the verification of the legality of notarial activities, since the judicial authorities must check the procedural actions of public and private notaries accompanying the performance of notarial acts. The legality of notarial activity is determined not only by the compliance of the notarial act with acts of material legislation or an international agreement, but also «procedural», i.e. notarial, which determines the general and special procedure for performing notarial acts or refusing to perform them. Instead, the compliance of the notarial act with the requirements of substantive legislation (international treaty) or the legality of the refusal to perform a notarial act is checked by the court. It is noted that the administrative control over notarial activity carried out by the judicial authorities has a peculiar subject matter (only the legality of the procedure for performing the notarial act is checked, i.e. the procedural actions of the notary that accompanied the performance of the notarial act), can be based not on complaints of individuals and legal entities, but on scheduled inspections, characterized by the absence of a properly regulated procedure for checking the legality of the order of the notarial act. The latter allows the justice authorities to abuse their powers in practice and not take into account the interests of the persons who applied for the execution of a notarial act.