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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 30, 2024 No. 619

Some questions of implementation of the pilot project on registration of the notarial actions made by notaries in the Electronic register of notarial actions

Cabinet of Ministers of Ukraine decides:

1. Agree with the offer of the Ministry of Justice concerning implementation of the pilot project on registration of the notarial actions made by notaries in the Electronic register of notarial actions (further - the pilot project) within two years from the date of, the publication by the Ministry of Justice following behind day in the Official Bulletin of Ukraine of the decision on the beginning of functioning of the Electronic register of notarial actions.

2. Approve the Procedure for implementation of the pilot project according to the procedure of maintaining the enclosed Electronic register of notarial actions.

3. Bring in resolutions of the Cabinet of Ministers of Ukraine of July 11, 2023 No. 700 "About approval of procedure for access for notaries to the Unified state demographic register" (The Official Bulletin of Ukraine, 2023, No. 68, the Art. 3932) and of December 29, 2023 No. 1406 "Some questions of functioning of Single state electronic system of e-notariate" (The Official Bulletin of Ukraine, 2024, No. 11, the Art. 699) the enclosed changes.

4. Determine that:

coordinator of the pilot project is the Ministry of Justice;

participants of the pilot project are the Ministry of Justice, the state company which is determined by the administrator of the electronic register of notarial actions, offices of notary public, the Public notarial Records Offices and private notaries;

during implementation of the pilot project:

registration in the Electronic register of notarial actions is performed by notaries in day of making of notarial action after entering of records about such action into the register for registration of notarial actions which is conducted in paper form according to the legislation;

the prohibition established by the Rules of maintaining notarial clerical work approved by the order of the Ministry of Justice of December 22, 2010 No. 3253/5, about institution and maintaining by the notary at the same time more than one register for registration of notarial actions to simultaneous maintaining the Electronic register of notarial actions together with the register for registration of notarial actions in paper form is not applied.

5. To the Ministry of Justice:

provide development and deployment of the software necessary for maintaining the Electronic register of notarial actions as the constituting Single state electronic system of e-notariate;

tax not later than in two months after completion of implementation of the pilot project of the Cabinet of Ministers of Ukraine the report on its results and offers on modification of legal acts.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 30, 2024, No. 619

Procedure for implementation of the pilot project according to the procedure of maintaining the electronic register of notarial actions

General provisions

1. This Procedure determines the procedure of maintaining the Electronic register of notarial actions (further - the Register) within implementation of the pilot project by registration of the notarial actions made by notaries in the register.

2. The purpose of the pilot project is establishment of single approach to maintaining the Register for ensuring functioning of the unified system of data on committed notarial actions.

3. In this Procedure terms are used in the following sense:

1) data of the Register information on committed notarial actions, brought by the notary and created by Register software;

2) the certificate of committed notarial actions (further - the reference) - the document created by Register software, containing data of the Register or information on lack of such data;

3) electronic case set of files of the electronic documents received by the notary for making of notarial action by electronic information exchange with information and communication systems (registers, inventories, databases, etc.), and electronic copies of originals of the paper notarial documents issued by the notary by results of making of the notarial actions created by scanning of such paper notarial documents, compliance to originals and which legal status attested imposed qualified digital signature of the notary, stored in the Register;

4) the Register - the information and communication system which is component of single state electronic System of e-notariate (further - System of e-notariate) and providing registration, accounting, preserving, protection, search and provision of data on committed notarial actions;

5) the paper copy of the register - visual display on paper of data of the register for the certain period created by register software according to this Procedure.

Other terms are used in the value given in the Civil code of Ukraine, the Laws of Ukraine "About notariate", "About electronic identification and electronic confidential services", "About electronic documents and electronic document management", "About public electronic registers", the 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" (The Official Bulletin of Ukraine, 2024, No. 11, the Art. 699) and other regulatory legal acts.

4. Maintaining the Register provides:

1) introduction and registration of data on the notarial actions made by notaries public of offices of notary public (further - offices), the Public notarial Records Offices (further - archives) and private notaries;

2) search of data on committed notarial actions;

3) electronic information exchange of the Register with components of System of e-notariate;

4) forming of electronic cases;

5) provision of information from the Register in the cases established by the law.

5. Data of the Register are notarial secret and are not subject to promulgation.

Information of the Register is provided only in the cases and procedure established by the law.

6. Maintaining the Register is performed in state language, except cases when according to the law use of other languages is allowed.

7. The owner Reestra is the state on behalf of the holder Reestr - Ministry of Justice.

Administrator Reestra is the state company belonging to the sphere of management of Ministry of Justice which provides:

technical, technological creation and support of the software of the Register;

provision and the termination of access to the Register according to the legislation, protection and preserving information in the Register;

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