FOREIGN EXPERIENCE IN THE REGISTRATION OF INHERITANCE RIGHTS BY NOTARIES AND PROBLEMS OF ITS PRACTICAL IMPLEMENTATION IN NATIONAL LEGISLATION

Abstract

The article is devoted to a comprehensive analysis of foreign experience in the registration of inheritance rights by notaries and the study of the problems of practical implementation in the legislation of Ukraine. It is emphasized that the notary is a unique institution of preventive justice, which is entrusted by the state with the function of officially confirming legal facts and legitimizing the transfer of rights and obligations from a deceased person to his or her successors. It is determined that the norms of notarial practice, which are historically based on the principles of public trust and impartiality, are codified in a number of international acts that are of particular importance. It is proved that the development of a renewed institution of notarial practice based on the principles of digital sustainability and human-centricity will allow the integration of the national system into the single legal space of the European Union, which opens the way to cross-border recognition of notarial acts and unhindered protection of property rights of Ukrainians abroad. The implementation of international standards requires not just declarative changes, but a fundamental update of the Law of Ukraine «On Notaries». The adoption of new legislation that harmonizes domestic standards with international ones is a key step for Ukraine’s integration into the European space. This ensures the elimination of conflicts, technical updating of regulations and increases the transparency of the legal field. The article emphasizes the need for the adaptation of the notary public of Ukraine to the digitalization of notarial activities with the implementation of international standards. It is studied that foreign experience and the implementation of the proposed steps will allow transforming the notarial registration of inheritance from a formalized procedure into a highly effective tool for the legal rehabilitation of citizens. It is determined that the proposed modernization will contribute to strengthening the rule of law, ensure the inviolability of property rights, and become the foundation for the stable development of civil relations during the period of restoration of Ukraine.