ADMINISTRATIVE LAW STATUS OF THE HIGHER QUALIFICATION COMMISSION OF NOTARIES IN UKRAINE

Abstract

The article provides a detailed examination of the administrative-legal status of the Higher Qualification Commission of Notaries in Ukraine, delineating its components: the goal-oriented, organizational, structural, publicpreventive, and special aspects. The Commission aims to ensure the proper functioning of the notarial system by selecting honest and professional notaries and monitoring their compliance with legislation. It serves as the primary body for ensuring professional qualification and control in this domain, amalgamating certification-training and disciplinarycontrol functions. The Commission’s composition comprises representatives from the Ministry of Justice and the Notarial Chamber, each vested with equal powers. It plays a pivotal role in the Ukrainian notarial system, possessing a dualistic nature and subjecting itself to national legislation, particularly administrative-legal norms. The administrative-legal status of the Commission is delineated by its objectives, tasks, functions, powers, legal liability, and operational guarantees. Decisions of the Commission are adopted by a majority vote of the attending members, with the chairman’s vote holding significant weight in the event of a tie. It exercises crucial oversight over notaries and ensures an adequate level of trust in the notarial system. The administrative-legal status of the chairman and secretary of the Higher Qualification Commission of Notaries is determined by several essential aspects. The chairman of the Commission is appointed by the Ministry of Justice, although the Commission itself has the right to submit a recommendatory proposal to the Ministry of Justice. The deputy chairman is elected from among the members of the Commission. It is established that one individual cannot hold the position of chairman of the Commission for two consecutive terms. The chairman of the Commission is responsible for organizing the Commission’s work, distributing duties, conducting meetings, signing documents, and issuing directives to the secretary. The secretary of the Commission is appointed from among the representatives of the Ministry of Justice and is responsible for preparing and organizing meetings, keeping minutes, and executing other tasks as stipulated by the Commission’s regulations.