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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 28, 2022 No. 164

Some questions of notariate in the conditions of warlike situation

(as amended on 24-06-2022)

According to article 64 of the Constitution of Ukraine, articles 12-1 and 20 of the Law of Ukraine "About legal regime of warlike situation", to articles 7 and 34 of the Law of Ukraine "About notariate", to the Presidential decree of Ukraine of February 24, 2022 "About introduction of warlike situation in Ukraine" the Cabinet of Ministers of Ukraine decides No. 64:

1. Determine that in the conditions of warlike situation and within one month from the date of its termination or cancellation notarial actions are made taking into account the following features (prohibitions):

1) incomplete notarial actions according to the address of face tied with the state aggressor determined by the resolution of the Cabinet of Ministers of Ukraine of March 3, 2022 No. 187 "About ensuring protection of national interests by future claims of the state of Ukraine in connection with military aggression of the Russian Federation" (The Official Bulletin of Ukraine, 2022, No. 25, Art. 1272), stop. In case of the request of such person for making of notarial action the notary refuses its making. These restrictions are effective before entry into force of the law about settlements of the relations with participation of faces tied with the state aggressor and do not extend to notarial actions according to the authentication of the signature on the statement for getting out of citizenship of the Russian Federation and the certificate of the will of the prisoner of war, and also on addresses of the legal entities determined by paragraphs the fifth - the eighth the subitem 1 of Item 1 of the specified resolution of the Cabinet of Ministers of Ukraine;

2) No. 719 Is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 24.06.2022

3) the certificate of powers of attorney (except powers of attorney on the order right real estate, object of construction in progress or property rights concerning future real estate (further - real estate), money on accounts in banks and non-bank financial institutions, and also vehicles for the term of more than three months, management and the order of securities, corporate laws, access rights to the individual bank safe), witnessing of authenticity of the signature on the statement for provision of permission to temporary departure of the child abroad, is performed without use of special forms of notarial documents on clean sheets of paper with the details of the notary applied on them by means of the computer equipment: the image of the State Emblem of Ukraine, surname, own name, middle name (in the presence), the name of office of notary public (for the notary public), the name of the notarial district (for the private notary), certificate number about the right to occupation notarial activities, the workplace address, phone number, the e-mail address. For check of validity of the power of attorney certified on clean sheets of paper, the interested person addresses with its copy the corresponding notary who shall issue within two working days the certificate of confirmation or confutation of the certificate to them such power of attorney;

4) in case of threat of illegal withdrawal or loss of special forms of notarial documents which were not spent such forms are liable to immediate destruction about what the notary draws up the statement certified by the signature of the notary whose copy (with the imposed qualified digital signature of the notary - in the electronic copy) moves (goes) to the state company "National Information Systems" or its branch within two working days after creation of the act. In case of illegal withdrawal or loss of special forms of notarial documents the notary gives (sends) the notification on it signed by him (with the imposed qualified digital signature of the notary - for the electronic message) to the state company "National Information Systems" or its branch within two working days;

5) in case of threat of illegal withdrawal or loss of seal private or the notary public it is liable to immediate destruction about what the statement certified by the signature of the notary whose copy (with the imposed qualified digital signature of the notary - in the electronic copy) moves is drawn up (goes) to the relevant territorial authority of the Ministry of Justice within two working days after creation of the act. In case of illegal withdrawal or loss of seal private or the notary public the notary gives (sends) the notification on it signed by him (with the imposed qualified digital signature of the notary - for the electronic message) to the relevant territorial authority of the Ministry of Justice within two working days;

6) transfer of special forms of notarial documents between notaries, including outside the notarial district is allowed, with creation of the delivery-acceptance certificate in duplicate certified by the sign and seal of one of notaries which copy (with the imposed qualified digital signatures of notaries or one of them - for the electronic copy) moves (goes) to the state company "National Information Systems" or its branch within two working days after creation of the act;

7) the term determined by the legislation for entering by the notary of data into the unified and state registers functioning in system of the Ministry of Justice is prolonged for time of their inadequate functioning confirmed with the state company "National Information Systems";

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