Technical recording of the process of establishing the true intentions of the parties to a transaction by a notary: prospects and features
Year: 2025
Type: article
Abstract: The article examines the issue of the need to record the process of establishing the true intentions of the party/parties to a transaction by a notary using technical means. The aforementioned recording will not only prove the fact of performing all necessary actions in accordance with the current requirements of the legislation of Ukraine, but also resolve all controversial points and contradictions in court, in the event of appealing the actions of the notary. Such problems and misunderstandings may relate to the will of the party/parties to the transaction, the absence or presence of any influence, coercion or physical or mental pressure on them. Thus, it was confirmed that audio or video recordings will serve as effective evidence that the procedure for establishing the true intentions of the party/parties to a transaction by a notary took place and was also carried out taking into account all the requirements of the current legislation and in a proper manner. In addition, the article drew attention to the fact that fixation is an additional protection against fraud of both the party/parties to the relevant transaction and the notary himself. This can be explained by the fact that the risk of being misled will be sharply reduced if direct evidence is stored in the notarial archive, the demonstration of which in court will allow to immediately clarify the entire situation and resolve the dispute. In addition, not only the actions or inaction of the notary may be of interest to the court during the consideration of the case, but also the information and answers to questions provided by the parties themselves, their representatives, lawyers or even translators, if their participation was necessary. The necessity and effectiveness of using fixation during the establishment of the validity of the intentions of vulnerable segments of the population, who are either a party to the transaction or are an interested person due to their own interest in the certification of the transaction, have been proven. First of all, it would be advisable to conduct an audio or video recording during the certification of transactions, the parties to which are elderly people, young or minor children, incapacitated or limitedly capable persons. It has been confirmed that in order to qualitatively implement fixation in the notarial process, it is necessary not only to prescribe it in the Law of Ukraine «On Notarial Services», but also to explain in detail the procedure and features of its conduct and the nature of storage in the notary’s archive in the Procedure for Performing Notarial Actions by Notaries of Ukraine.
Author: Ju. M. Gordienko
Institution: Taras Shevchenko National University of Kyiv
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410545289