Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

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

(as amended on 31-03-2021)

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.

Prime Minister of Ukraine

N. Azarov

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, and also orders of Ministry of Justice.

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:

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 notarial activities;

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. 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.

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

The notary can be part 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 members of the commission constitutes three years.

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

7. The commission chairman will organize work of the Commission, distributes obligations between her members.

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 and also performs other powers determined by regulations of the Commission.

The secretary of the Commission bears responsibility for the organization of clerical work of the Commission, forming, accounting and storage of cases.

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 and the venue and agenda of commission session are determined by its chairman.

11. The secretary of the Commission not later than in 10 days prior to holding meeting reports members of the commission and persons who participate in meeting about the place to date and time of its carrying out.

12. Commission session is considered competent if at it there are at least two thirds of her members.

13. Commission sessions are held by its chairman, and in case of its absence - the vice-chairman of the Commission.

14. The commission makes decisions by a majority vote of the members of the commission who are present at meeting.

In case of equal distribution of voices the commission chairman's voice is decisive.

The decision is stated in writing, signed by the chairman at meeting and members of the commission who participated in meeting.

15. The commission has the right within the powers to receive information necessary for realization of the powers determined by this Provision from territorial authorities of Ministry of Justice, and also other state bodies and local government bodies, the companies, organizations and the organizations of all patterns of ownership and their officials.

16. The member of the commission has the right:

get acquainted with the materials and documents submitted for consideration to the Commission;

take part in studying of case papers and their check;

provide additional materials on cases in point, give the motives, express own opinion;

make offers concerning the draft decision of the Commission;

participate in decision making by vote;

express the special opinion which is drawn up in writing.

17. The member of the commission shall:

declare rejection in the cases provided by this Provision;

provide proper and timely preparation of materials on the questions considered by the Commission;

carry out orders of the commission chairman in the limits provided by this Provision.

18. The member of the commission cannot participate in consideration of question and decision making and is subject to branch (rejection) if:

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.