Digitization of the Notarial Process

Abstract

The issue of digitalization of the notarial process in the context of reforms in Ukraine is considered. Emphasis is placed on the role of e-notary implementation in protecting property rights and ensuring access to notarial acts in the conditions caused by a pandemic. Attention is drawn to the need to ensure a proper balance between the interests of the state in the implementation of digitalization of the notarial process, on the one hand, and the interest of citizens to receive quality services, on the other hand. In view of this, a number of provisions have been explored that help ensure the right of access to notarial acts online. It should be noted that the current legislation of Ukraine does not provide provisions that would provide the possibility of notarial acts remotely. Emphasis is placed on the fact that the Law of Ukraine «On Notaries» should define notarial acts that can be performed using an electronic service, and which — no. The criteria that can be taken into account when deciding on the possibility of performing a specific notarial act electronically are identified. In particular, the legislator should proceed from the expediency of performing a certain notarial act and demand from interested parties, as well as taking into account the need for personal appearance when performing a notarial act. Emphasis is placed on the fact that before the development of the platform on the basis of which the transition to electronic notary will be carried out, it is necessary to determine the entity that will administer this resource. It is noted that such a subject can be both the Notary Chamber of Ukraine and a specially created body. The issue of identification of a person in case of notarial act online is considered. The possibility of identifying persons who have applied for notarial acts with the help of the web portal of electronic services «Portal Diia» in case of making appropriate changes in the legislation that will regulate the commission of notarial acts remotely is indicated. Attention is drawn to the feasibility of a test environment where a person can test the ability of their own computer to ensure uninterrupted and safe participation in the performance of a notarial act. Emphasis is placed on the need to ensure the preservation of notarial secrecy in determining the platform for videoconferencing during the performance of notarial acts.