The article is devoted to studying legal nature of notary’s executive inscription as an extrajudicial form of civil rights and obligations protection, as well as a notarial act aimed at giving the document its executive power.

Analyzing the legislation, the authors emphasize that the executive inscription must be considered from different points of view. It is this approach that will provide a comprehensive and complete understanding of the essence of such legal construction. So, first of all, the executive inscription is a form of protection of civil rights and interests provided for by the Civil Code of Ukraine, within which the interested person confirms the right to an undisputed debt. Secondly, the executive inscription is a notarial act that records the result of a notarial act and certifies the right to collect the debt from a debtor. In addition, the executive inscription is an executive document on the basis of which a debt collector and a debtor enter into new legal relations.

Various approaches to determining the legal nature of a notary’s executive inscription are considered. It was found out that in the course of notarial-procedural activity, the determination of the indisputability of the debt, as a condition for the execution of the executive inscription, has a purely formal character. At the same time, the procedural order for its confirmation is not provided for by the legislation. This fact necessitates further scientific development of the ways to improve the procedure for executive inscription making.

Based on the analysis, the author’s approach to defining the concept of “executive inscription” is proposed, taking into account various aspects of its legal purpose.

Key words: notary, executive inscription, undisputed debt, debt document, notarial process, notarial proceedings, notarial act.

References

1. Ukraine (2003), Сіvil Code of Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/ 435-15#Text:// (accessed 29 May 2022).
2. Ukraine (1993), On the Notary: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.

3. Fursa, S.Ya. (2015), Organization of a notary office with a workshop: a textbook in three books, Book 1, Аlerta, Kyiv. 484 p.
4. Komarov, V.V. and Barankova, V.V. (2011), Notary Office in Ukraine, textbook, Pravo, Kharkiv, 384 p.
5. Zhelikhovska, Yu. (2011), “Executive inscription as a means of civil rights protection by a notary”, Small Notary Encyclopedia, No. 5 (59), PP. 157-160.
6. Bezsmertna, N. (2007), “Executive inscription as one of the methods of subjective civil rights protection”, Legal Sciences, No. 74-76, PP. 123-126.
7. Servetnyk, A.H. (2017), “Notary’s executive inscription: concept and signs”, Theory and Practice of Jurisprudence, Issue 2, available at: http://nbuv.gov.ua/UJRN/tipp_2017_2_7 (accessed 29 May 2022).
8. Smiian, L.S., Nikitin, Yu.V. and Khomenko, P.H. (2007), Notary Office in Ukraine, Kyiv, 680 p.
9. Lyvshyts, B.I., Osmateskul, K.N. et al. (2001), Comments, exclusive, rare materials on the Russian notary (580 most significant books, articles and scientific studies), Moscow, 192 p.
10. Yarotskyi, V.L., Borysova, V.I., Spasybo-Fatieieva, I.V. et al. (2013), Private law mechanisms for exercising and protecting subjective rights of individuals and legal entities: monograph, Kharkiv: Yurait, 272 p.
11. Kalitenko, О.М. (2021), “To the issue of notary’s executive inscription legal nature”, Science and social life of Ukraine in the era of global challenges for humanity in the digital era (on the occasion of the 30th anniversary of the declaration of independence of Ukraine and the 25th anniversary of the adoption of the Constitution of Ukraine): Proceedings of the International scientific and practical conference (Odesa, 21 May 2021), Оdesа: Publishing House “Helvetyka”, Vol. 2, PP. 419-422.
12. Fursa, S.Ya. (2002), Notarial process: theoretical foundations: monograph, Kyiv: Іstyna, 320 p.
13. Shcherbyna, Ye.M. and Kulova, А.А. (2018), “Certain shortcomings of the legislation regarding debt collection under notaries’ executive inscriptions”, Law and society. Civics, Issue 6, Part 1. PP. 89–93
14. Ukraine (2012), Procedure for Performing Notarial Acts by Notaries of Ukraine Порядок вчинення нотаріальних дій нотаріусами України, Ministry of Justice of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/z0282-12 (accessed 29 May 2022).
15. Ukraine (1999), On Approval of the List of Documents According to Which Debt Collection is Carried Out in an Undisputed Manner on the Basis of Notaries’ Executive Inscriptions, Cabinet of Ministers of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/1172-99-%D0%BF#Text (accessed 29 May 2022).
16. Ukraine (2017), Kyiv Administrative Court of Appeal, court case No. 826/20084/14, Kyiv, available at: https://reyestr.court.gov.ua/Review/65037659 (accessed 29 May 2022).