Professional responsibility of notaries: ontological aspect
Abstract
The problem of professional responsibility of the notary is related to the specifics of
the performance by the notary of their professional duties. However, the fact of realization
of the received powers as a consequence of the profession creates conditions for imposing on
such a person the specific nature of responsibility. It (responsibility) is determined by the
increased requirements for the profession of notary, in particular, to commit them all kinds
of notarial acts. The disclosure of the ontological nature of the professional responsibility of
the notary is associated with the following main aspects. First, the professional
responsibility of the notary is complex, since it acts as a system legal category, and therefore
has a whole set of specific features. Secondly, another problem is the professional
responsibility of the notary – this is the distinction of responsibility of legal entities and
individuals engaged in notarial activities, and in particular, a very specific attitude of the
legislator to the category of «professional». Thirdly, this is a comparison of categories of
professional duty and professional responsibility, and here the essential stimulus in the
notarial activity is the correspondence of professional duty to personal convictions, interests
and abilities of the notary. Fourthly, this distinction between the categories of legal and
professional liability of the notary, in particular the problem of legal liability of the notary
for the current reform of the notary in Ukraine, requires legislative regulation, in addition,
the legislative uncertainty of the notary's liability institution testifies to the lack of
guarantees of notarial activity.