Evidence and proof in the notarial process
Monograph
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The monograph analyzes the problems associated with proof in notarial activity, substantiates the relevance of the development of legislative provisions aimed at strengthening the role of the notary in the process of proof, introduces the categories «limits of evidence», and «standard of proof» in notarial activity, specificity of evidentiary law in relation to notarial proceedings is substantiated. When studying certain provisions of the law on notaries, the author comes to the conclusion that there is a notarial procedural form, which has its own characteristics and characteristics that significantly differ from the civil-procedural form. On the basis of examples from judicial and notarial practice, it is concluded that the main task of legal regulation of notarial evidence procedure is to create conditions for full establishment of circumstances by the notary, occurred in the relationship between the parties of notarial production, and to eliminate subjective factors related to the peculiarities of perception of the same type of legal relations by subjects with different levels of psychological perception. The approaches and methods proposed in the monograph may be in demand by practising notaries as part of their professional activities and will be of interest to notaries and legal professionals, and persons applying for notarial acts.
