RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 15, 1994 No. 419

About the Procedure for the certificate of wills and powers of attorney which are equated to notarially certified

According to article 40 of the Law of Ukraine "About notariate" the Cabinet of Ministers of Ukraine decides:

1. Approve the enclosed Procedure for the certificate of wills and powers of attorney which are equated to notarially certified.

2. Charge to the Ministry of Justice to develop and approve forms of books for registration of wills and powers of attorney which are equated to notarially certified, and also certifying texts on them and samples of these documents.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 15, 1994, No. 419

Procedure for the certificate of wills and powers of attorney which are equated to notarially certified

General rules of the certificate of wills and powers of attorney

1. Certify wills and powers of attorney which are equated to notarially certified (further - wills and powers of attorney) it agrees statyam 245 and 1252 Civil codes of Ukraine and article 40 of the Law of Ukraine "About notariate", the following official, officials has the right:

authorized officers of local government bodies - powers of attorney of persons who live in settlements where there are no notaries, except powers of attorney on the order right real estate, powers of attorney on management and the order of corporate laws and powers of attorney on use and the order of vehicles;

chiefs of hospitals, sanatoria, other military and medical institutions, their deputies for medical part, seniors or doctors on duty - powers of attorney of the military personnel or other physical persons which are on treatment in such institutions;

commanders (chiefs) of military units, connections, organizations, military schools - wills and the power of attorney of the military personnel, and at home stations of military units, connections, organizations, military schools where there is no notary or the official of local government body which make notarial actions, - wills and powers of attorney of workers of members of their families and members of families of the military personnel;

chief physicians, their deputies for medical part or doctors on duty of hospitals, hospitals, other stationary institutions of health care, chiefs of hospitals - wills of physical persons which are on treatment in such institutions;

directors or chief physicians of houses for elderly people and disabled people - wills of physical persons which live in such houses;

chiefs of organizations of execution of punishments and pre-trial detention centers - wills and powers of attorney of physical persons which contain in such organizations;

captains of ocean or river crafts which float under the flag of Ukraine, - wills of physical persons which are during swimming in such courts;

chiefs of search or other expeditions - wills of physical persons which are in such expeditions.

the paragraph the tenth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 26.08.2020 No. 753

2. Official, officials who certify wills and powers of attorney (further - official, officials) are guided by the Constitution and the laws of Ukraine, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, orders of Ministry of Justice, and also this Procedure.

3. Official, officials in case of the certificate of wills and powers of attorney shall keep notarial secret and not disclose the data received during their certificate.

The obligation of observance of notarial secret extends to persons who knew of the certificate of the will and the power of attorney in connection with accomplishment by them of service duties or other work, on persons involved for their certificate as witnesses, and on other faces to which there were known data constituting subject of notarial secret.

Persons guilty of violation of notarial secret bear responsibility according to the procedure, established by the law.

Certificates of the certified wills and the power of attorney are issued official, the official to exclusively physical persons at the request of which or concerning which actions which are equated to notarially certified were made. In case of the death of person or recognition by his dead of the certificate of the certified wills and the power of attorney are issued to heirs of the dead.

Certificates of the certified wills and powers of attorney are provided official, the official within ten working days according to the reasonable written request of court, prosecutor's office, bodies of pre-judicial investigation, operational divisions, in connection with criminal proceedings by civil, economic, administrative cases, cases, about administrative offenses which are in production of the specified bodies, with obligatory specifying of file number (criminal proceedings) and appendix of official stamp of relevant organ.

Certificates of availability of the constituted will, except for the testator, are issued only after the death of the testator on condition of submission of the certificate (notarially attested copy) on his death.

4. Official, officials:

1) are explained to physical persons on behalf of which wills and powers of attorney, their rights and obligation make sure, warn about consequences of their certificate in order that legal lack of information could not be used by it to the detriment;

2) check compliance of the certified wills and powers of attorney to requirements of the law;

2-1) establish actual intents of person (the correct understanding to them values, terms of transaction and its consequence in law) who addressed for the certificate of the will or the power of attorney, to their certificate, and also absence at it any denials concerning each of terms of agreement;

3) warn about consequence in law of the certificate of wills and powers of attorney;

4) is explained by procedure for cancellation and creation of the new will, cancellation of powers of attorney;

5) is constituted in case of need by drafts of wills or powers of attorney for oral request of physical persons;

6) is certified by wills and powers of attorney for oral request of physical persons.

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