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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 1, 2022 No. 745

About approval of Rules of forming and conducting verification of the notarial document with the electronic identifier

According to articles 2-1, 34 of the Law of Ukraine "About notariate" and for the purpose of establishment of the single principles of forming and conducting verification of the notarial document with the electronic identifier the Cabinet of Ministers of Ukraine decides:

1. Approve Rules of forming and conducting verification of the notarial document with the electronic identifier which are attached.

2. Provide to the Ministry of Justice development and deployment of the software necessary for forming and conducting verification of the notarial document with the electronic identifier in Single state electronic system of e-notariate.

3. To provide to the ministry of digital transformation technical capability of conducting verification of the electronic copy of the notarial document by means of the electronic identifier with means of the single state web portal of electronic services.

4. To provide to the Ministry of Justice, the Ministry of digital transformation information exchange between Single state electronic system of e-notariate and the Single state web portal of electronic services with use of means of system of electronic interaction of the state electronic information resources.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 1, 2022 No. 745

Rules of forming and conducting verification of the notarial document with the electronic identifier

General questions

1. These Rules determine the procedure of forming in Single state electronic system of e-notariate (further - System of e-notariate) the notarial document with the electronic identifier, and also the procedure of conducting its check by notaries, public authorities, local government bodies, other interested persons.

2. In these Rules terms are used in such value:

1) the electronic identifier (further - QR code) - graphical representation of code which contains the unique number assigned to the document loaded into System of e-notariate and consists of number at which notarial action is registered in the register for registration of notarial actions, date of making of notarial action, certificate number about the right to occupation by notarial activities;

2) the electronic draft of the notarial document - the electronic draft document loaded into System of e-notariate previously approved with persons who addressed the notary for making of the corresponding notarial action.

Other terms are used in the value given in the Laws of Ukraine "About notariate", "About electronic confidential services", "About electronic documents and electronic document management", the resolution of the Cabinet of Ministers of Ukraine of December 29, 2021 No. 1444 "Some questions of implementation of the pilot project on step-by-step implementation of Single state electronic system of e-notariate" (The Official Bulletin of Ukraine, 2022, No. 8, the Art. 426) and other regulatory legal acts.

3. The list of notarial documents which are created with QR codes and rules of their accounting affirm as System of e-notariate Ministry of Justice.

4. Forming and conducting verification of the notarial document with QR code is performed free of charge.

5. Drawing on QR code of the notarial document of the text, images and any other signs is forbidden.

Forming of the notarial document with QR code

6. With QR code the notary who according to the legislation got access to System of e-notariate can perform forming of the notarial document.

7. For forming of the notarial document with QR code the notary loads the electronic draft of the notarial document and enters such information into the System of e-notariate:

1) document type (according to the dictionary of document types of system of e-notariate);

2) the information about persons concerning which notarial action is made:

surname, own name and middle name (in the presence), registration number of accounting card of the taxpayer (in the presence), series (in the presence) and/or passport number - for physical persons;

the name and code according to EGRPOU - for legal entities;

3) number at which notarial action is registered in the register for registration of notarial actions;

4) date of making of notarial action;

5) surname, own name and middle name (in the presence) the notary who makes notarial action;

6) certificate number about the right to occupation notarial activities;

7) additional data on the document (in the presence).

8. The system of e-notariate provides automatic imposing of QR code on each page (in the upper left corner) the electronic draft of the notarial document.

9. The electronic draft of the notarial document after imposing of QR code on it is printed on paper and is provided by the notary to the parties for signing.

10. In day of making of notarial action of the certificate of the notarial document with QR code or certifications of signature on it the notary loads the electronic copy of such document made by scanning with imposing of the qualified digital signature into System of e-notariate. Scanning of the notarial document with QR code including in case it contains more than one page, is performed in one file. The text on the scanned notarial documents with QR code shall be suitable for perception of its content.

11. Entering of corrections into the notarial document with QR code which electronic copy is loaded into System of e-notariate is forbidden.

Verification of the notarial document with QR code and receipt of its electronic copy

12. The notarial document with QR code is checked by the interested person to whom registration number of accounting card of the taxpayer is assigned (further - the interested person), by means of the electronic device by scanning of QR code in real time means of the Single state web portal of electronic services (further - the Action Portal), including with use of mobile application of the Action Portal (Action).

13. By results of scanning of QR code information on absence or availability in System of e-notariate of the notarial document and the information about him is reflected in the electronic device of the interested person by means of mobile application of the Action Portal (Action):

1) number according to which notarial action is registered in the register for registration of notarial actions;

2) type of the notarial document;

3) date of making of notarial action;

4) surname, own name and middle name (in the presence) the notary who makes notarial action;

5) certificate number about the right to occupation notarial activities.

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