The powers of a notary in certifying transactions involving the alienation of immovable property

The concept of possession (possessio) has been recognised as a legal category since ancient Roman times and has been a controversial and widely researched topic for many centuries. According to N.Y. Golubeva, ‘property, as understood by the European Court of Human Rights (ECHR), has an autonomous meaning that is not limited to the right of ownership of material objects and does not depend on formal classification in national legislation’ [2, pp. 174-175]. However, within the framework of the proposed study, we will focus on possession based on property rights, as defined by national legislation: a person’s subjective right to property, guaranteed by the state and giving them the opportunity to exercise their rights of possession, use and disposal of the property at their discretion (Articles 316 and 317 of the Civil Code of Ukraine). In civil law, methods of acquiring ownership rights are divided into primary (initial) and derivative. Derivative methods provide for the transfer of ownership rights from the previous owner and include the notarisation of contracts of sale, exchange, donation, inheritance, and so on. The real estate market is one of the most important components of the economy. Violations of property rights can have negative material and social consequences. Notaries act as the entities that ensure the fairness and legal certainty of real estate transactions. Legislation and notarial practice in this area require accuracy, clarity and strict adherence to the rules governing the performance of notarial acts when certifying such transactions. This article examines the powers of a notary in certifying transactions involving the transfer of immovable property under Ukraine’s current legislation. The provisions of the Law of Ukraine ‘On Notaries’ (hereafter ‘the Law’) and the Procedure for Notarial Actions by Notaries of Ukraine (hereafter ‘the Procedure’) are considered, and the peculiarities of certifying transactions involving the transfer of immovable property are determined. Additionally, problematic aspects of notarial practice in this area are highlighted. Recommendations are also made to improve the efficiency and security of notarial certification of real estate transactions.