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:

the paragraph two is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 08.08.2025 No. 958

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. 5. The commission is formed as a part of 11 people from whom six people are delegated by Ministry of Justice, and five - notarial chamber of Ukraine. The Ministry of Justice delegates the representatives from among his officials and/or notaries (in consent).

Offers on delegation of representatives of Ministry of Justice in structure of the Commission from among notaries are made by territorial authorities of Ministry of Justice at the request of Ministry of Justice in the time determined in it.

The notarial chamber of Ukraine delegates the representatives from among notaries.

The chairman, the vice-chairman, the secretary of the Commission and other her members is part of the Commission.

Statement of staff of the Commission, determination of the chairman and secretary of the Commission from among her members is performed by Ministry of Justice.

The vice-chairman of the Commission is elected at its first meeting by open voting members of the commission by a simple majority vote.

The notary can be delegated by Ministry of Justice or notarial chamber of Ukraine to structure of the Commission under condition if:

he was not member of the commission of the previous structures;

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;

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

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

Powers of the member of the commission stop along with the expiration of powers of staff of the Commission.

For the purpose of forming of new structure of the Commission the Ministry of Justice not later than 14 working days about day of the end of term of office of staff of the Commission addresses electronically to Notarial chamber of Ukraine with the petition for delegation of her representatives in structure of the Commission.

In case of lack of offers of notarial chamber of Ukraine on delegation of notaries in structure of the Commission within 10 working days from the date of receipt of the corresponding petition by it the Ministry of Justice independently creates and approves new structure of the Commission in number of 11 people from whom at least five - notaries (from their consent), offers about which delegation are made by territorial authorities of Ministry of Justice at the request of Ministry of Justice in the time determined in it.

6. Membership in the Commission stops in case:

early response of the member of the commission according to the solution of subject who delegated it to structure of the Commission;

abdication of the member of the commission at own will according to its statement;

death.

In case of failure to carry out by the member of the commission delegated by notarial chamber of Ukraine three times in a row within year of obligation on participation in commission sessions, including in the videoconference mode, the Ministry of Justice no later than the next working day from the date of establishment of the corresponding fact addresses electronically to Notarial chamber of Ukraine with the petition for need of early response of such member of the commission and delegation in its list of the new representative.

In case of lack of the decision of notarial chamber of Ukraine on response of the member of the commission and delegation of the new representative in structure of the Commission within five working days from the date of receipt of such petition the Ministry of Justice independently delegates the new representative to structure of the Commission from among notaries (from their consent), offers on whose delegation are made by territorial authorities of Ministry of Justice at the request of Ministry of Justice in the time determined in it.

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