TRANSFORMATION OF THE NOTARIAT IN THE CONTEXT OF MARTIAL LAW AND DIGITALIZATION: CURRENT CHALLENGES AND EUROPEAN DEVELOPMENT TRENDS

Abstract

The article examines the transformation of the notarial institution in Ukraine in the context of martial law and active digitization of legal processes. The notarial institution is presented as a key institution of preventive justice, which ensures legal certainty in civil transactions, stability of property and corporate relations, as well as protection of the rights and legitimate interests of individuals and legal entities. It is emphasized that thanks to notarial activities, a significant part of legal relations takes on a clear legal form at an early stage, which minimizes the risks of future litigation and contributes to ensuring the legal security of citizens.

Particular attention is paid to the functioning of the notarial system in conditions of martial law, in particular the operational review of legal regulation, temporary restrictions on access to state registers, the expansion of the powers of certain officials, and the strengthening of control over transactions with immovable property. The effectiveness of measures aimed at preserving archives, ensuring the continuity of notarial services and legal protection of citizens in emergency conditions, as well as their compliance with the constitutional principles of the rule of law, is analyzed.

The processes of digitization of notarial activities are considered, in particular, the introduction of electronic document management, the use of qualified electronic signatures, the integration of notarial procedures with state electronic systems, as well as the prospects for the application of distributed ledger technologies (blockchain). The main challenges of digital transformation related to cybersecurity, personal data protection, and ensuring the availability of notarial services to citizens even in difficult conditions are highlighted.

Particular attention is paid to European guidelines for the development of the notarial profession, in particular the Latin model, which combines the public-law nature of notarial activities with the professional independence of notaries, strict qualification requirements, and high responsibility for the legality of transactions. The need to harmonize Ukrainian legislation with European standards, introduce digital tools and modern control procedures to improve the efficiency and transparency of the notarial system is justified. The results of the study allow assessing the impact of martial law and digitalization on the development of notarial practice in Ukraine, form a scientific basis for improving legislative and organizational mechanisms of notarial activity, and contribute to the integration of Ukrainian notarial practice into the single legal space of the European Union.