THE CONCEPT OF NOTARY JURISDICTION AND ITS TYPES

The article shows that notarial powers reflect the legal nature and essence of notarial activity, within which the exercise of all procedural actions is both a right and a duty of notarial bodies. It is emphasized that the notary competence defines the rights and obligations of a certain notary body, which make up the system of its powers, conditioned by tasks and functions of the notary as a body of disputed jurisdiction and provide for the mandatory nature of the notary act-document for interested participants of the notarial action. An element of the notarial competence may be considered a notarial jurisdiction, which sets out the nature of the notarial activity and differentiating the powers of notarial bodies within the scope of their activity and the existing system. Under the jurisdiction of notarial bodies it is understood the scope and limits of powers of notaries and persons, who are given the right to take notarial actions aimed at realization of the legal provisions and achievement of a certain legal result (the decision of a notarial act-document) for interested persons. The existence of such types of notarial jurisdiction as subject, territorial, functional is separate and justified. The subject matter jurisdiction is defined as the scope of powers granted (delegated by the state) to certain notarial bodies to take certain types of notarial actions defined in the Notary legislation. Territorial jurisdiction is granted to notaries and other notarial bodies the scope of powers to take notarial actions within a certain territory (notary district), stipulated by the rules of determining the place of notarial action. A functional jurisdiction proposes to understand the aggregate powers of notaries to act outside their notary community such notarial acts, which under the rules of territorial jurisdiction should be performed by another notary, in order to ensure the exercise of functions of notary.