Procedural procedure for making executive inscriptions

The article analyzes notarial and executive practice, in particular, the procedure for making an executive inscription by a notary on documents of debt arising from both a material and procedural dispute. The author of the article notes that the notarial process should determine not only the order, but also a clear sequence of performing these actions and their interrelationship in one notarial process. These actions cannot be considered without interrelationship with other notarial actions in this process; the sequence of notarial proceedings is characterized by the feature of stageness, which is an integral attribute of procedural matter, inherent in any jurisdictional process, that each notarial proceeding performed by a notary passes through certain stages in its development, which determine the dynamics, sequence of performing procedural actions. In order to avoid possible errors, it is necessary to determine to which stages individual procedural actions should be attributed, which will then make up the notarial proceedings or a separate stage of them. This will provide an opportunity to specify the actions of the notary at different intervals of time and at different stages of the proceedings, and will create conditions for self-control. The article defines the features of using mechanisms for collecting debt from a debtor on the basis of a notary’s executive inscription as one-time or multiple procedural acts (actions) in the notarial and enforcement process. For example, family and notarial procedural legislation provides for the execution of an executive inscription on an alimony agreement as a guarantee of fulfillment of maintenance obligations, but does not determine the frequency of the alimony recipient’s appeal to a notary for the execution of an executive inscription if the debtor does not pay alimony. In this case, notarial proceedings for granting enforcement force to agreements under which collection should be carried out in parts, for example, periodic alimony payments, should be attributed to multi-stage notarial proceedings, which is explained by the legal nature of the periodicity of the fulfillment of obligations. The author draws attention to the peculiarities of timeliness in civil law, since Article 87(1) of the Law of Ukraine ‘On Notaries’ states that a notary shall execute executive inscriptions if the submitted documents confirm the indisputability of the debtor’s debt or other liability to the creditor and provided that no more than three years have passed since the date of the right of claim, and no more than one year in relations between enterprises, institutions and organisations.