Adaptation of notarial activity to the conditions of martial law: a regulatory aspect
Year: 2025
Type: article
Abstract: The article explores the comprehensive aspects of adapting notarial activity in Ukraine to the legal regime of martial law. The authors focus on regulatory changes introduced in response to the full-scale invasion, covering not only procedures for notarial acts but also approaches to preserving notarial archives, protecting individual rights, and enabling the digital transformation of the sector. Particular attention is given to the specifics of performing notarial functions in the absence of access to state registers, new approaches to inheritance proceedings, certification of powers of attorney and wills, and the possibility of their execution by military officials. The study analyzes amendments to the Law of Ukraine «On Notariate» and related regulations concerning the prohibition of property alienation, the introduction of restrictions on citizens of the aggressor state, and new provisions on electronic identification. Institutional mechanisms ensuring the continuity of notarial services are examined, including the relocation of private notaries’ archives in case of threats of destruction. Within the framework of digital transformation, the article considers the implementation of electronic notarial elements such as e-queues, digital document management, remote certification, and electronic signature functions. It is argued that these technologies not only optimize the notarial process but also serve to ensure accessibility, efficiency, and legal certainty during emergencies. The study also highlights the reinforced role of the oversight system over notarial activities during martial law, which prevents abuses, ensures transparency, and maintains public trust in the legal system. The central role of the Ministry of Justice of Ukraine in coordinating and promptly responding to challenges in notarial activity is emphasized. The authors conclude that the effective operation of the notarial system under martial law is a crucial element of public legal stability. Legal regulation in this area must be flexible, innovative, and focused on protecting fundamental human rights and meeting the evolving needs of society.
Authors: L. I. Vdovichena, A. Y. Pavliuk
Institution: Yuriy Fedkovych Chernivtsi National University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4412387014