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Ministry of Justice of Ukraine

June 7, 2021

No. 759/36381

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of June 7, 2021 No. 2039/5

About approval of Rules of professional ethics of notaries of Ukraine

According to articles 2-1, 5 of the Law of Ukraine "About notariate" I ORDER:

1. Approve Rules of professional ethics of notaries of Ukraine which are attached.

2. Declare invalid the order of the Ministry of Justice of Ukraine of October 4, 2013 No. 2104/5 "About approval of Rules of professional ethics of notaries of Ukraine", registered in the Ministry of Justice of Ukraine on October 9, 2013 for No. 1730/24262.

3. To department of private law (Ferens E.) provide submission of this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

4. To department of notariate and state registration (Kirilyuk D.), to chiefs of interregional justice departments of the Ministry of Justice of Ukraine to provide proper execution of this order.

5. This order becomes effective from the date of, its official publication following behind day.

6. To impose control of execution of this order on the deputy minister concerning state registration Onishchuk A.

Minister

D. Malyuska

Approved by the Order of the Ministry of Justice of Ukraine of June 7, 2021 No. 2039/5

Rules of professional ethics of notaries of Ukraine

I. General provisions

1. These Rules are developed according to articles 2-1, 5 of the Law of Ukraine "About notariate" and determine the basic principles and requirements to professional ethics of the notary, moral and ethical standards of behavior by which the notary shall be guided in the relations with state bodies, physical persons and legal entities, other notaries, Notarial chamber of Ukraine when implementing of the professional obligations by it.

2. Rules are obligatory for notaries, and also extend to their assistants, consultants of offices of notary public and notarial archives.

Abuse of regulations involves the responsibility determined by the Law of Ukraine "About notariate", the Charter of Notarial chamber of Ukraine and these Rules.

II. Basic principles of professional ethics of notaries

1. The principles of professional ethics of the notary - standard of behavior of the notary in society and in communication when implementing professional activity, and also in the relations with physical persons and legal entities, other notaries, professional association of notaries, authorities.

2. The professional ethics of the notary of Ukraine are based on the principles:

publicity;

independence and impartiality;

legality;

availability;

spontaneities;

notarial secret and confidentiality;

honesty;

conscientiousness;

respect for profession.

III. Requirements to the notary when implementing notarial activities

1. The notary shall fulfill the duties according to the taken oath, protect interests of the person, society and state, to observe requirements of the law and always to protect purity of high rank of the notary.

2. The notary shall promote approval in the society of supremacy of law, trust to the law and justice.

3. The notary shall act adequately and abstain from use of methods or acceptance of views which can negatively affect reputation of profession or capability of the notary to service public concerns.

4. The notary as the specialist in the field of the right, shall avoid in the relations with the Ministry of Justice of Ukraine, Notarial chamber of the actions or failure to act directed to abuse of the procedural law.

5. The notary shall provide the proper level of the professional competence by permanent improvement of quality and availability of the notarial actions made by it, services of legal nature which fall within the scope of its activities or accomplishment of which is assigned to it by the law.

6. The notary shall constantly aim to master modern knowledge for realization of profession. He shall be always informed on innovations in the field of professional activity and support the necessary level of knowledge.

7. The notary shall be independent in the professional activity.

8. The notary when implementing professional activity shall keep the commandments declared at plenary meeting 89 International congresses of the Latin Notariate in Mexico in 1965.

IV. Publicity of professional activity

The notary performs independent professional activity within the powers delegated to him by the state.

Publicity of notarial activities consists in implementation by the notary of notarial actions and rendering legal assistance within the powers delegated to it by the state.

Public recognition of the notarial actions made by the notary gives them special evidentiary and executive force on the future and does not require corroborating evidences, except recognition of such actions invalid judicially.

V. Independence and impartiality

1. The notary shall be impartial when making notarial actions.

Independence of the notary when implementing professional activity provides its freedom from any foreign influence or pressure, illegal intervention in its activities.

The notary shall not make action which can threaten independence, impartiality, objectivity of implementation of notarial activities.

2. The notary shall avoid any illegal influence on its professional activity, resist to pressure, to be basic performed by the professional obligations and upholding of professional privileges and their effective use for the benefit of participants of legal relationship.

3. The notary not allow in the professional activity of compromises which can negatively affect its professional image.

4. The notary shall avoid impact on the parties and their discrimination.

5. The notary shall not allow possibilities of influence of private interests, interests of interested persons on execution of the professional obligations by it.

6. The notary shall prevent emergence of conflict of interest, and in case of its origin to take settlement measures.

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