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ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of May 18, 2009 No. 870/5

About approval of the Regulations on the Public notarial Records Office

According to article 23 of the Law of Ukraine "About notariate" I ORDER:

1. Approve Regulations on the Public notarial Records Office which are applied.

2. Declare invalid the order of the Ministry of Justice of Ukraine of 07.02.94 No. 8/5 "About approval of the Regulations on the Public notarial Records Office", registered in the Ministry of Justice of Ukraine 22.02.94 for N 30/239.

3. To department of notariate and registration of lawyer associations (Yashchenko N. V.):

3.1. Provide provision on state registration of this order according to the Presidential decree of Ukraine of 03.10.92 No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies" (with changes).

3.2. Bring this order to permission of chiefs of 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.

4. To the chief of Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, to chiefs of head departments of justice in areas, the cities of Kiev and Sevastopol to organize in accordance with the established procedure studying by employees of offices of notary public, Public notarial Records Offices, private notaries of the Regulations on the Public notarial Records Office approved by this order and to provide proper accomplishment of this order.

5. To impose control over the implementation of this order on the deputy minister L. V. Efimenko.

6. This order becomes effective from the date of its official publication.

Approved by the Order of the Ministry of Justice of Ukraine of May 18, 2009 No. 870/5

Regulations on the Public notarial Records Office

1. According to article 23 of the Law of Ukraine "About notariate" (further - the Law) the Public notarial Records Offices (further - archive) are established in the regional centers, the cities of Kiev, Simferopol and Sevastopol for long (up to 75 years) centralized storage and use of data which contain in them, document transfers in the relevant Public Records Office, provisions of the methodical and practical help to offices of notary public, private notaries, local government bodies which officials make the notarial actions and actions equated to notarially certified (further - fondoobrazovatel), concerning the organization of work with documents.

2. The archive in the activities is guided by the Constitution, the laws of Ukraine, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, regulatory legal acts of the Ministry of Justice of Ukraine and the Public archive agency of Ukraine (dalee-Ukrgosarkhiv), and also this Provision.

3. The archive is created and liquidated by the Ministry of Justice of Ukraine.

4. The staff of archive affirms territorial authority of the Ministry of Justice within the number of staff established for archive and salary fund.

5. The management of archive, material, staffing, and also providing archive with the necessary room, protection and the equipment performs territorial authority of the Ministry of Justice.

6. The archive is legal entity and has seal with the image of the State Emblem of Ukraine and the name.

7. The archive has the right to create the branches which are its separate divisions located out of the archive location within areas to which competence of territorial authority of the Ministry of Justice of Ukraine extends. The branch performs everything or part of functions of archive.

8. Branches are not legal entities and act on the basis of the provision which affirms territorial authority of the Ministry of Justice in coordination with archive.

9. The main objectives of archive are:

completing by documents which structure is provided by this Provision;

ensuring storage and use of the data containing in documents which are stored;

creation and enhancement of the help device to documents;

control of document storage and the accounting and help device to documents which are stored at fondoobrazovatel;

preparation and timely document transfer, brought in National Archive Fund (further - NAF) on storage, in the relevant Public Records Office with observance of the requirements provided by regulatory legal acts Ukrgosarkhiva.

10. The archive according to the tasks assigned to it performs the following main functions:

accepts from fondoobrazovatel on storage the documents of notarial clerical work created according to the requirements established by the Law, Rules of maintaining notarial clerical work approved by the order of the Ministry of Justice of Ukraine of December 22, 2010 No. 3253/5, registered in the Ministry of Justice of Ukraine on December 23, 2010 at No. 1318/18613 (further - Rules), except the documents which are transferred/moved in the conditions of warlike situation;

accepts on storage of the will, arrived from the officials specified in article 40 of the Law;

accepts on storage of the will and power of attorney, certified by persons who in the conditions of warlike situation according to the legislation have the right to certify them which arrived from the state notarial office / the private notary;

accepts on storage the documents of notarial clerical work and archive of office of notary public moved in the conditions of warlike situation according to Procedure for movement of documents of notarial clerical work and archive of office of notary public in the conditions of the warlike situation approved by the order of the Ministry of Justice of Ukraine of October 17, 2024 No. 2994/5, registered in the Ministry of Justice of Ukraine on October 18, 2024 at No. 1574/42919;

accepts on storage of case of notarial documents permanent and long (more than 10 years) the storages finished in clerical work documents of help and accounting nature of the private notary, transferred to them according to the order of the Ministry of Justice of Ukraine of February 11, 2025 No. 356/5 "Some questions of the organization of notarial activities and maintaining notarial clerical work of private notaries in the conditions of the warlike situation" registered in the Ministry of Justice of Ukraine on February 12, 2025 at No. 212/43618;

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