PROCEDURAL ACTIONS OF A NOTARY AT THE STAGE OF PREPARATION FOR THE EXECUTION OF AN EXECUTIVE INSCRIPTION AND PECULIARITIES OF ESTABLISHING THE SUBJECT OF PROOF

Author (s): Salai M.

Work place:

Salai M.,

PhD student of the Department of Administrative, Civil and Commercial Law and Procedure Faculty of Law,

Penitentiary Academy of Ukraine,

Chernihiv, Ukraine

ORCID: 0000-0001-8356-436X

 

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2024 No 3 (23): 98-110

https://doi.org/10.32755/sjlaw.2024.03.098

Summary

The article is devoted to the study of the peculiarities of procedural actions at the stage of preparation for the execution of an executive inscription. The content of these actions is aimed at establishing the subject matter of proof, i.e. the conditions for the execution of the writ of execution, which include compliance with the limitation period and the submission of documents confirming the indisputability of the debt.

The author establishes that when establishing the subject matter of proof, a notary must first of all determine whether the creditor has complied with the deadlines for filing an application for an executive inscription, since their omission will indicate non-compliance with one of the conditions, which may result in a refusal to perform a notarial act. In this case, there is no need to further investigate the documents submitted and determine whether the debt is indisputable. Although the statute of limitations under which an enforcement action may be taken is similar to the statute of limitations for filing a lawsuit, they have different legal nature.

Analysing the notarial procedural legislation, the author comes to the conclusion that the establishment of indisputability of debt means only verification of documents for compliance with the approved list. The determination of indisputability is purely formal without the need to notify the debtor, which is a disadvantage, as it violates his legitimate rights and interests. To solve this problem, appropriate changes to the procedure for making an executive inscription have been proposed.

The author establishes that the stage of preparation for the execution of an executive inscription is important for this notarial proceeding, since it is at this stage that the notary finds out whether there are legal grounds for a notarial act by checking the statute of limitations, compliance of the claim with the legal requirements, completeness of the documents submitted, correctness of the payments made by the claimant, absence of a dispute between the parties, and indisputability, which should be carried out not only formally through the study of documents, but also procedurally, by notifying the debtor.

Key words: notary, notarial proceedings, stages of notarial proceedings, executive inscription, indisputability of debt.

 

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