RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 31, 2011 No. 923

About approval of the Regulations on the Highest qualification commission of notariate

According to article 10 of the Law of Ukraine "About notariate" the Cabinet of Ministers of Ukraine decides:

1. Approve Regulations on the Highest qualification commission of notariate which are applied.

2. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of December 8 in 2006 No. 1689 "About approval of the Regulations on the Highest qualification commission of notariate" (The Official Bulletin of Ukraine, 2006, No. 50, the Art. 3314);

item 4 of changes which are made to resolutions of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of March 5, 2009 No. 161 (The Official Bulletin of Ukraine, 2009, No. 17, the Art. 515).

3. This resolution becomes effective since January 1, 2012.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 31, 2011 No. 923

Regulations on the Highest qualification commission of notariate

1. This Provision determines tasks, functions and procedure for activities of the Highest qualification commission of notariate (further - the Commission) which is formed under Ministry of Justice.

2. In the activities the Commission is guided by the Constitution and the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, this Provision, orders of Ministry of Justice, and also regulations of work of the Commission.

2-1. The basic principles of work of the Commission are legality, objectivity, collective nature of decision making and their obligation.

2-2. Form of work of the Commission are meetings.

3. The main objectives of the Commission are:

determination of level of professional readiness of persons who intend to be engaged in notarial activities;

solution of question of cancellation of the certificate on the right to occupation notarial activities.

4. The commission according to the tasks assigned to it:

determines date of delivery of qualification examination on the right to occupation notarial activities;

considers idea of territorial authorities of Ministry of Justice of the admission of persons who intend to pass qualification examination for the right to occupation notarial activities, to its delivery;

provides holding qualification examination on the right to occupation with the notarial activities performed in the form of electronic anonymous testing;

considers idea of Ministry of Justice, territorial authorities of Ministry of Justice, or Notarial chamber of Ukraine of cancellation of the certificate on the right to occupation notarial activities.

5. Seven people delegated by Ministry of Justice from among notaries and/or representatives of Ministry of Justice, and seven notaries delegated by Notarial chamber of Ukraine are part of the Commission. The staff of the Commission affirms Ministry of Justice.

Members of the commission in case of execution of the powers are equal.

The notary can be delegated to structure of the Commission provided that:

it has length of service the notary at least 12 years;

authority punishments (notary public) were not applied to it or his activities did not stop (the private notary) in connection with the allowed violations of the law;

to it it was not applied cancellations of access to the State register of the corporeal rights to real estate and/or to the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming.

The term of office of staff of the Commission constitutes three years, since day of its approval.

In case of the end of term of office of staff of the Commission and lack of offers of notarial chamber of Ukraine concerning delegation of notaries in new structure of the Commission, person which were delegated by notarial chamber of Ukraine to the previous structure of the Commission in their written consent submitted on request of Ministry of Justice are new part of the Commission.

If the notary refused to be new part of the Commission, the Ministry of Justice delegates from among notaries and/or representatives of Ministry of Justice of persons in the quantity necessary for statement of new structure of the Commission.

The member of the commission can be ahead of schedule recalled according to the decision of body which delegated it to structure of the Commission.

6. The commission chairman is determined by Ministry of Justice.

The commission has the right to choose the candidate of the commission chairman from among members of the commission and to send to Ministry of Justice the offer on determination of the corresponding person by the commission chairman. Such offer has advisory nature for Ministry of Justice.

The same person cannot be commission chairman two terms determined by part two of article 10 of the Law of Ukraine "About notariate", in a row.

The vice-chairman of the Commission is elected from among members of the commission at its meeting by open voting.

7. The commission chairman will organize work of the Commission, distributes obligations between her members, conducts meeting, according to the decision of the Commission signs requests, letters and other documents within powers of the Commission, provides the order to the secretary of the Commission.

8. The secretary of the Commission is appointed from among representatives of Ministry of Justice.

The secretary of the Commission carries out the orders of the commission chairman connected with ensuring preparation and the organization of carrying out commission sessions, maintaining protocols, presides over the first commission session after statement of its new structure if the commission chairman is not determined by Ministry of Justice, and also performs other powers determined by regulations of the Commission.

The paragraph third it is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 23.02.2024 No. 187

9. On working hours of the Commission members of the commission are exempted from execution of service duties (the notary public obligations) with preserving average earnings.

The basis for release from execution of service duties (the notary public obligations) is the message on carrying out commission session and participation in commission session.

Participation of the private notary in commission session is reasonable excuse of absence it on workplace.

10. Commission session is held in case of need.

Date, time, the carrying out mode (personal presence in certain place or videoconference), the venue or method of connection to videoconference, the agenda of commission session are determined by its chairman, and the first commission session if the commission chairman is not determined by Ministry of Justice, - the secretary of the Commission.

Commission sessions cannot be held in the videoconference mode on:

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