of September 2, 1993 No. 3425-XII
This Law establishes procedure for legal regulation of activities of notariate in Ukraine.
The notariate in Ukraine is system of bodies and officials to which the obligation is assigned to certify the rights, and also the facts having legal value and to make other notarial actions provided by this Law for the purpose of giving of legal reliability to them.
Making of notarial actions in Ukraine is assigned to the notaries working in offices of notary public, the Public notarial Records Offices (notaries public, or engaged in private notarial activities (private notaries)).
On the notaries working in offices of notary public or who are engaged in private notarial activities, by the law making of other actions, excellent from notarial, for the purpose of provision of legal reliability by it can be assigned. Notaries can carry out mediation according to the procedure, determined by the law, on condition of passing of basic preparation of mediator by them.
The documents processed by the state and private notaries have identical legal force.
In rural settlements, notarial actions, stipulated in Article the 37th this Law, are made by the officials of local government body authorized on it.
Making of notarial actions abroad is assigned to consular establishments of Ukraine, and in the cases provided by the current legislation - to diplomatic representations of Ukraine.
The certificate of the wills and powers of attorney equated to notarial can be made by persons specified in article 40 of this Law.
The legal basis of activities of notariate is the Constitution of Ukraine, this Law, other legal acts of Ukraine.
State regulation of notarial activities consists in establishment of conditions of the admission of citizens to implementation of notarial activities, procedure for stop and the termination of private notarial activities, cancellation of the certificate on the right to occupation notarial activities; control of the organization of notariate, conducting checks of the organization of notarial activities of notaries, observance by them of procedure for making of notarial actions and accomplishment of rules of notarial clerical work; determination of bodies and persons who make notarial actions exercise control of the organization of notariate, the organizations of notarial activities of notaries, observance of procedure for making of notarial actions and accomplishment of rules of notarial clerical work by them perform; determination of rates of the state fee which is made by notaries public; establishment of the list of the additional services of legal and technical nature which are not connected with the made notarial actions and establishment of the amount of payment for their provision by notaries public; establishment of rules of professional ethics of notaries.
Control of the organization of notariate, check of the organization of notarial activities of notaries, observance of procedure for making of notarial actions and accomplishment of rules of notarial clerical work by them are performed by the Ministry of Justice of Ukraine and its territorial authorities.
The notary is the physical person authorized by the state which performs notarial activities in office of notary public, the Public notarial Records Office, or independent professional notarial activity, in particular certifies the rights, and also the facts having legal value and makes other notarial actions provided by the law for the purpose of provision of legal reliability by it.
The notary can be the citizen of Ukraine to whom degree of the higher legal education not below the master is awarded, knowing state language according to the level determined by the Law of Ukraine "About ensuring functioning of Ukrainian as state" has length of service in the sphere of the right at least six years, from them the assistant notary or the consultant of office of notary public - at least three years, the passed qualification examination and received the certificate on the right to occupation notarial activities. Person having criminal record for crime execution cannot be notary if such criminal record is not extinguished or is not removed in the procedure established by the law (except the rehabilitee), person whose capacity to act is limited, or person recognized as incapacitated.
The notary is forbidden to use the powers for the purpose of receipt of illegal benefit or adoption of the promise or the offer of such benefit for himself or other persons.
The notary cannot be engaged in business, lawyer activity, to be founder of lawyer associations, to be in public service or service in local government bodies, in staff of other legal entities, and also to perform other paid work, except accomplishment of function of mediator of teaching, scientific and creative activities, and also activities in professional self-government of notaries.
The notary has the right:
request physical persons and legal entities of the data and the documents necessary for making of notarial actions;
receive payment for provision of additional services of legal and technical nature which are not connected with the made notarial actions, payment for making of other actions assigned to them according to the law, payment for making of other actions assigned to them according to the law and also for making by private notaries of notarial actions;
constitute draft documents, produce copies of documents and the statement from them, and also to make explanations concerning making of notarial actions and consultation of legal nature. By the current legislation also other rights can be granted to the notary.
The notary shall:
perform the professional obligations according to this Law and the taken oath to follow the rules of professional ethics;
assist physical persons and legal entities in implementation of their rights and protection of legitimate interests, to explain the rights and obligations, to warn about consequences of the made notarial actions legal lack of information could not be used by it to the detriment;
keep in secret the data, received by it in connection with making of notarial actions;
refuse making of notarial action in case of its discrepancy to the legislation of Ukraine or to international treaties.
conduct notarial clerical work and archive of the notary according to statutory rules;
make thrifty use of documents of notarial clerical work and archive of the notary, not to allow their damage or destruction;
provide documents, information and explanations upon the demand of the Ministry of Justice of Ukraine, its territorial authorities when implementing of powers by them concerning control of the organization of activities and accomplishment by notaries of rules of notarial clerical work;
it is permanent to increase the professional level, and in cases, stipulated in Item 3 parts one of article 29-1 of this Law, to undergo advanced training;
carry out other obligations provided by the law.
Person who is for the first time granted the right to be engaged in notarial activities in a festive atmosphere takes the oath of the following content in the relevant territorial authority of the Ministry of Justice of Ukraine:
Solemnly I swear to fulfill duties of the notary fairly and honesty, according to the law and conscience, to respect the rights and legitimate interests of physical persons and legal entities, to keep professional secrecy, everywhere and always to protect purity of high rank of the notary.
The notaries or officials making notarial actions are guided in the activities by the Constitution of Ukraine, the laws of Ukraine, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine and its territorial authorities, and in the Autonomous Republic of Crimea - also regulatory legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea and Council of Ministers of the Autonomous Republic of Crimea.
Notaries in accordance with the established procedure within the competence resolve the issues following from rules of international law and also international treaties signed by Ukraine.
Notarial secret - set of the data received during making of notarial action or the address to the notary of the interested person including about person, its property, the personal property and non-property rights and obligations and so forth.
The notary and persons specified in article 1 of this Law and also the assistant notary shall keep notarial secret even if their activities are limited to provision of legal assistance or acquaintance with documents and notarial action or action which is equated to notarial was not made.
The obligation of observance of notarial secret extends also to persons who knew of committed notarial actions in connection with accomplishment by them of service duties or other work, on persons involved for making of notarial actions as witnesses and on other persons to whom the data constituting subject of notarial secret became known.
Persons guilty of violation of notarial secret bear responsibility according to the procedure, established by the law.
Representation by the notary in accordance with the established procedure and in the cases provided by the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction", information in the central executive body realizing state policy in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction and to the holder of the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming is not violation of notarial secret.
The notary does not bear disciplinary, administrative, civil and criminal liability for submission to the central executive body realizing state policy in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction, information on financial transaction or the holder of the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming of information about the final beneficial owner or structure of property of the legal entity even if such actions do harm to legal entities or physical persons, and also for other actions if the notary acted within the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way to financing of terrorism and financing of distribution of weapons of mass destruction".
Certificates of committed notarial actions and the copy of documents which are stored at the notary are issued by the notary only to physical persons and legal entities at the request of which or concerning which notarial actions were made. In case of the death of the person or recognition by his dead such references are issued to heirs of the dead. In case of recognition of the person without message absent the guardian appointed for protection of property without message of absent has the right to receive certificates of committed notarial actions if it is necessary for preserving property over which guardianship is established.
Certificates of committed notarial actions and other documents are provided by the notary within ten working days according to the reasonable written request of court, prosecutor's office, the bodies performing operational search activities, bodies of pre-judicial investigation in connection with criminal proceedings with civil, economic, administrative cases, cases on administrative offenses which are in production of these bodies, with obligatory instruction of file number and applying of official stamp of relevant organ and also for the reasonable written request of the state contractor, private contractor for enforcement proceeding with obligatory specifying of number of enforcement proceeding and details of the executive document based on which the enforcement proceeding to the National agency concerning prevention of corruption on its written request performed for the purpose of accomplishment of powers is performed determined by the Law of Ukraine "About prevention of corruption".
Certificates of the amount of notarially certified agreements which are necessary only for establishment of compliance with law on the tax matters are provided by the notary within 10 working days on proved the written requirement of tax authority certified by official stamp of such body.
The statement from the Heritable register about availability of the constituted will is issued only to the testator, and after the death of the testator - to any person who showed the death certificate or other document confirming the fact of death of the testator (one of testators).
The notary has no right to give evidences as the witness concerning data which are notarial secret, except cases when it is required by persons at the request of whom or concerning which notarial actions were made.
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