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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 29, 2023 No. 1406

Some questions of functioning of Single state electronic system of e-notariate

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 30.05.2024 No. 619)

The Cabinet of Ministers of Ukraine decides:

1. Approve Regulations on Single state electronic system of the enclosed e-notariate.

2. Determine that:

day of the beginning of functioning of the Electronic register of notarial actions, Electronic notarial archive as components of Single state electronic system of e-notariate is determined by the decision of the Ministry of Justice which is published in the Official Bulletin of Ukraine;

the notarial documents with the electronic identifier created before entry into force of this resolution are checked according to the procedure, specified by Items 27-30 of the Provision approved by this resolution.

3. Make changes to the enclosed resolutions of the Cabinet of Ministers of Ukraine.

4. Declare invalid:

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);

the 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" (The Official Bulletin of Ukraine, 2022, No. 54, the Art. 3171).

5. 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 December 29, 2023 No. 1406

Regulations on Single state electronic system of e-notariate

General questions

1. This Provision determines functionality, subjects, organizational and technological bases of functioning of single state electronic System of e-notariate and its components, and also other questions connected with its functioning.

2. In this Provision terms are used in the following value:

1) Single state electronic System of e-notariate (further - System of e-notariate) - the interconnected set of information and communication, information systems which are effective as a unit and in interaction with other information and information and communication systems accumulatings, processings, preserving, protection, search, accounting and use of data on notarial activities and providing all types of electronic information exchange (exchange) according to the legislation, the entering of information into the unified and state registers functioning in system of Ministry of Justice and which is components of System of e-notariate, forming notarial / equated to notarially certified document with the electronic identifier are intended for automation of notarial activities, in particular collection, and also for ensuring access of physical persons and legal entities to data about notarial / equated to notarial actions taking into account requirements for preserving notarial secret;

2) the electronic identifier (further - QR code) - graphical representation of code which contains the unique number assigned notarial / to notarially certified document equated to loaded into System of e-notariate except the document stated on the special form of the notarial document;

3) electronic workplace of the user - constituting Systems of e-notariate through which access for the user in cases is provided, stipulated by the legislation, to other components of System of e-notariate for the purpose of search and introduction of data, sendings requests and receipt of information from other automated, information, information and communication systems, registers, inventories, databases, exchange of other information electronically, necessary for making of notarial actions or accomplishment of other powers, loading and preserving the loaded scanned copies notarial / equated to notarially certified documents in components of System of e-notariate, forming notarial / notarially certified document equated to with QR code, creation of drafts of notarial documents and their preparation for signing.

Other terms are used in the value given in the Civil code of Ukraine, the Laws of Ukraine "About notariate", "About electronic confidential services", "About electronic documents and electronic document management", "About public electronic registers", resolutions of the Cabinet of Ministers of Ukraine of September 8, 2016 No. 606 "Some questions of electronic interaction of electronic information resources" (The Official Bulletin of Ukraine, 2016, No. 73, Art. 2455; 2021, No. 52, Art. 3216; 2023, No. 11, the Art. 721), of December 4, 2019 No. 1137 "Questions of the Single state web portal of electronic services and the register of administrative services" (The Official Bulletin of Ukraine, 2020, No. 3, Art. 136; 2021, No. 43, Art. 2625; 2022, No. 69, Art. 4171) and other regulatory legal acts.

3. The owner (holder) Sistemy of e-notariate is the state on behalf of Ministry of Justice.

Administrator Sistemy of e-notariate (further - the administrator) is the state company belonging to the sphere of management of Ministry of Justice.

4. Data are entered into the System of e-notariate in state language, except the cases determined by the legislation.

Use of System of e-notariate is performed round the clock seven days a week, except the cases of carrying out upgrade or planned and unplanned scheduled and/or technical maintenance connected with elimination of technical and/or methodological shortcomings or technical failure in work which duration of carrying out is determined by the administrator with the notification to the owner (holder).

5. Information security in System of e-notariate is performed according to requirements of the legislation in the field of information security.

The constituting Systems of e-notariate

6. Are constituting Systems of e-notariate:

electronic workplace of the user;

Electronic notarial archive;

Electronic register of notarial actions;

Unified register of powers of attorney;

Unified register of notaries;

Unified register of special forms of notarial documents;

Heritable register.

7. The constituting Systems of e-notariate are its integral components which are connected among themselves by electronic information exchange.

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