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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 31, 2011 No. 923

About approval of the Regulations on the Highest qualification commission of notariate

(The last edition from 06-12-2017)

According to article 10 of the Law of Ukraine "About notariate" the Cabinet of Ministers of Ukraine decides:

1. Approve Regulations on the Highest qualification commission of notariate which are applied.

2. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of December 8 in 2006 No. 1689 "About approval of the Regulations on the Highest qualification commission of notariate" (The Official Bulletin of Ukraine, 2006, No. 50, the Art. 3314);

Item of 4 changes which are made to resolutions of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of March 5, 2009 No. 161 (The Official Bulletin of Ukraine, 2009, No. 17, the Art. 515).

3. This resolution becomes effective since January 1, 2012.

Prime Minister of Ukraine

N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 31, 2011 No. 923

Regulations on the Highest qualification commission of notariate

1. This Provision determines tasks, functions and procedure for activities of the Highest qualification commission of notariate (further - the Commission) which is formed under Ministry of Justice.

2. In the activities the Commission is guided by the Constitution and the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, this Provision, and also orders of Ministry of Justice.

3. The main objectives of the Commission are:

determination of level of professional readiness of persons who intend to be engaged in notarial activities;

solution of question of cancellation of the certificate on the right to occupation notarial activities.

4. The commission according to the tasks assigned to it:

considers representation of the head territorial administrations of justice of Ministry of Justice in the Autonomous Republic of Crimea, about the admission of persons who intend to pass qualification examination for the right to occupation notarial activities, to its delivery;

provides holding qualification examination on the right to occupation with notarial activities;

considers idea of Ministry of Justice, head departments of justice or Notarial chamber of Ukraine of cancellation of the certificate on the right to occupation notarial activities.

5. Seven representatives of Ministry of Justice and seven notaries of Ukraine delegated by Notarial chamber of Ukraine are part of the Commission.

The notary can be delegated to the Commissions provided that:

it was not member of the previous structures of the Commission;

it has uninterrupted length of service of work as the notary at least 15 years;

authority punishments (notary public) were not applied to it or
its activities did not stop (the private notary) in connection with the allowed violations of the law.

6. Commission chairman is the Minister of Justice.

The first deputy of the commission chairman and the vice-chairman of the Commission are elected from among her members on commission session by open voting.

7. The commission chairman will organize work of the Commission, distributes obligations between her members.

8. The secretary of the Commission is appointed from among representatives of Ministry of Justice.

The secretary of the Commission provides preparation and carrying out commission sessions, maintaining protocols of meetings, accounting and storage of cases.

9. Members of the commission are exempted for the period of its work from accomplishment of service duties with preserving average earnings.

10. Commission session is held in case of need. Date, time and the venue of commission session are determined by its chairman.

11. The secretary of the Commission not later than in 10 days prior to holding meeting reports members of the commission and persons who participate in meeting about date and time of its carrying out.

12. Commission session is considered competent if at it there are at least two thirds of her members.

13. Commission session is held by its chairman, and in case of its absence - the first deputy of the commission chairman. In case of absence of the first deputy of the commission chairman the meeting is held by the vice-chairman of the Commission.

14. The commission makes decisions by a majority vote of the members of the commission who are present at meeting.

In case of equal distribution of voices the commission chairman's voice is decisive.

The decision is stated in writing, signed by the chairman at meeting and members of the commission who participated in meeting.

15. The commission has the right within the powers to obtain on the request necessary information from head departments of justice, and also other state bodies and local government bodies, the companies, organizations and the organizations of all patterns of ownership and their officials.

16. The member of the commission has the right:

get acquainted with the materials given it for consideration;

take part in studying of case papers and their check;

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