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LAW OF UKRAINE

of September 2, 1993 No. 3425-XII

About notariate

(as amended on 14-01-2020)

This Law establishes procedure for legal regulation of activities of notariate in Ukraine.

Section I. Notariate in Ukraine

Chapter I. General provisions

Article 1. Concept of notariate. Bodies and persons who make notarial actions

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.

The documents processed by the state and private notaries have identical legal force.

In settlements where there are no notaries, 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.

Article 2. Legal basis of activities of notariate

The legal basis of activities of notariate is the Constitution of Ukraine, this Law, other legal acts of Ukraine.

Article 2-1. State regulation of notarial activities

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, Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, head departments of justice in areas, the cities of Kiev and Sevastopol.

Article 3. Notary

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 who has complete higher legal education, knows state language, respectively 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, passed qualification examination and received the certificate on the right to occupation notarial activities. The person having criminal record, limited in capacity to act or recognized incapacitated by a court decision cannot be notary.

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 teaching, scientific and creative activities.

Registration case of the private notary is stored and conducted respectively by Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, head departments of justice in areas, the cities of Kiev and Sevastopol.

Article 4. Rights of notaries

The notary has the right:

request the companies, organizations and the organizations 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 drafts of transactions and statements, to 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.

Article 5. Obligations of 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 citizens, the companies, organizations and the organizations 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, Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, head departments of justice in areas, the cities of Kiev and Sevastopol 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.

Article 6. Oath of the notary

Person who is for the first time granted the right to be engaged in notarial activities in Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, head departments of justice in a festive atmosphere takes the oath of the following content in areas, the cities of Kiev and Sevastopol:

"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 citizens and the organizations, to keep professional secrecy, everywhere and always to protect purity of high rank of the notary".

Article 7. Making of notarial actions

The notaries and other officials making notarial actions in the activities are guided by the laws of Ukraine, resolutions of the Supreme Council of Ukraine, decrees and orders of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, and in the territory of the Republic of Crimea, besides, - the legislation of the Republic of Crimea, orders of the Minister of Justice of Ukraine, regulations of the regional, Kiev and Sevastopol city public administrations.

Notaries in accordance with the established procedure within the competence resolve the issues following from rules of international law and also interstate agreements signed by Ukraine.

Article 8. Notarial secret

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" of information 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 is not violation of notarial secret.

The notary does not bear disciplinary, administrative, civil and criminal liability for representation 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 even if such actions do harm to legal entities or physical persons, and for other actions if he acted within accomplishment of 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.

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