The article addresses to the study of the complications peculiarities in the process of notarization of the contract on prividing of maintenance. The author pays considerable attention to the analysis of the complications causes in terms of the principles of graduate notarial process and their impact on the performance of notarial proceedings in general.

By analyzing the legislation, the author focuses that complications can occur both at the preparation phase and at the phase of direct notarial act. The article states that the list of complications reasons in the process of making a notarial act, enshrined in the Law “On Notarie” is not exhaustive. The possibility of its expansion in particular is seen in the course of concretization of some of the preconditions given in the article.

The article considers the peculiarities of suspension of notarial proceedings in the case if the notarial proceedings on the certificate of the maintenance providing have a foreign element. For instance, if the recipient of alimony or the payer of alimony is a foreigner, the notary needs time to find out the procedure for fulfilling alimony obligations in the state where the latter is located.

The author states that such type of complications as the suspension of notarial proceedings is not defined by law, but in science it is defined as a complication in the notarial process, which consists in the suspension of the notarization contract acr in essence of the notarial action and impossibility of making proceeding in such case.

Based on the analysis, the author proposes the approaches to the classification of complications in the notarial process on the example of notarial proceedings on the notarization of the contract of maintenance.

Key words: notarial proceedings, contract on providing of maintenance, complications, closing of notarial proceedings, phasing of notarial procedures.

References

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