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Ministry of Justice of Ukraine

November 14, 2011

No. 1298/20036

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of November 11, 2011 No. 3306/5

About approval of the Procedure for making of notarial actions by officials of local government bodies

(as amended on 05-11-2020)

According to article 37 of the Law of Ukraine "About notariate" and for the purpose of enhancement of procedure for making of notarial actions by officials of local government bodies I ORDER:

1. Approve the Procedure for making of notarial actions by officials of local government bodies which is applied.

3. To department of notariate, bankruptcy and functioning of the central zaveritelny body (Chizhmar K. I).:

3.1. Provide provision of this order on state registration 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 departments of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, in areas, the cities of Kiev and Sevastopol.

3.3. To department of notariate, bankruptcy and functioning of the central zaveritelny body, head departments of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, in areas, the cities of Kiev and Sevastopol to provide proper accomplishment of this order.

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

Minister

O. Lavrinovich

Approved by the Order of the Ministry of Justice of Ukraine of November 11, 2011, No. 3306/5

Procedure for making of notarial actions by officials of local government bodies

I. General provisions

1.1. The list of notarial actions which are made by officials of local government bodies is determined by article 37 of the Law of Ukraine "About notariate".

1.2. Notarial actions are made by officials to whom according to the decision of relevant organ of local self-government making of these actions is assigned.

1.3. According to article 7 of the Law of Ukraine "About notariate" officials of local government bodies which make notarial actions in the activities are guided by the Constitution of Ukraine, the laws of Ukraine, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine and its territorial authorities, and in the Autonomous Republic of Crimea - also regulatory legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea and Council of Ministers of the Autonomous Republic of Crimea.

1.4. Officials of local government bodies when making notarial actions shall keep notarial secret.

Certificates of committed notarial actions and the copy of documents which are stored in cases of local government body are issued according to the procedure, the stipulated in Article 8 Laws of Ukraine "About notariate".

1.5. Officials of local government bodies shall promote physical persons and legal entities in implementation of their rights and protection of legitimate interests, to explain the rights and obligations, to warn about effects of the made notarial actions in order that legal lack of information could not be used by it to the detriment.

1.6. Language of notarial clerical work is determined by the Law of Ukraine "About ensuring functioning of Ukrainian as state". If person who addressed for making of notarial action does not know language in which the clerical work is conducted, texts of the processed documents shall be translated to it by the translator about what it is specified in the certifying text.

Person who is not knowing language in which the document is made is signed in that language which it knows.

II. General rules of making of notarial actions

2.1. Notarial actions are made in local government body. In some cases, when the physical person cannot be to the specified room and also when that is required by features of committed notarial action, notarial actions can be made out of the specified room.

If notarial action is made out of premises of local government body, then in the certifying text on the document and in the register for registration of notarial actions the place of making of notarial action with indication of the address, and also the reason for which notarial action is made out of premises of local government body (for example registers: "Due to the disease of the testator the will is certified to the address: village of Zhovtnevoye Pereyaslav-Khmelnytskyi of the region of Kiev region, Ulitsa Shkolnaya, 3, quarter 8").

2.2. Notarial actions are made after their payment in day of submission of all necessary documents.

2.3. When making notarial action officials of local government bodies identify person who addressed for making of notarial action, according to the procedure, determined by article 43 of the Law of Ukraine "About notariate".

If for physical person which as a result of physical defect, disease cannot sign with own hand the will or the application other physical person is signed, the official of local government body identifies the personality of the citizen who is taking part in notarial action and the identity of the citizen who was signed for it. The copy of the document according to which the personality is identified is attached to copy of the document which remains in cases of local government body.

2.4. When making notarial actions authenticity of signatures of persons who addressed for making of notarial action is verified.

2.5. When making notarial actions the amount of civil capacity to act of the physical person who addressed for making of notarial action, according to the procedure, the stipulated in Clause 44 Laws of Ukraine "About notariate" is determined.

2.6. The procedure for signing of notarially certified documents is determined by article 45 of the Law of Ukraine "About notariate".

The deaf, mute or deaf-and-dumb physical person who addressed for making of notarial action itself reads the will or the statement and signs he (she). If such person in connection with disease or physical defect cannot sign the document, then when making notarial action there shall be person (signer) who can reach mutual understanding with deaf, mute or deaf-and-dumb person and confirm with the signature that contents of the will, statements, answer will of the participant of notarial action. The signature of person (signer) is put down after the text of the will, the statement. From the specified person the document confirming its qualification is required.

2.7. According to article 46 of the Law of Ukraine "About notariate" the officials of local government bodies making notarial actions have the right to request from physical persons and legal entities of the data and the documents necessary for making of notarial action.

2.8. According to article 9 of the Law of Ukraine "About notariate" the official of local government body making notarial actions has no right to make notarial actions on the name and on its own behalf, addressed to and on behalf of the husband or the wife, their and relatives (parents, children, grandsons, the grandfather, the woman, brothers, sisters), and also addressed to and from employee name of this local government body. Officials of local government bodies have no right to make notarial actions also addressed to and on behalf of this local government body. In the specified cases notarial actions are made by the notary or in any other local government body.

2.9. Requirements to documents which are filed for making of notarial action are determined by article 47 of the Law of Ukraine "About notariate".

2.10. Texts of notarial documents (certificates, wills, statements, duplicates of notarial documents, the certified copies (photocopies) of documents and statements from it shall be written clear and accurately, the dates concerning contents of certificates of wills, statements shall be designated at least once by words. Surnames, names and middle names of physical persons, their residence and registration numbers of accounting cards of taxpayers according to the State register of physical persons of taxpayers shall be written completely, and in the cases provided by the laws - with indication of date of their birth.

If person on the religious beliefs in the procedure established by the law refused adoption of registration number of accounting card of the taxpayer, the official of local government body checks this fact according to its passport. The copy of the page of the passport with mark about availability at such person of the right to make any payments without registration number of accounting card of the taxpayer remains in cases of local government body.

Dopiski and correction in the text of notarially processed document is not allowed.

If documents which are certified (make sure), are stated on two and more sheets, they shall be stitched, their sheets are numbered about what the corresponding record certified by the signature of the official of local government body, sealed official relevant organ of local self-government on reverse side of the last leaf shall be made. For example: "Five sheets are stitched, numbered and under seal" (position, the signature and official stamp of relevant organ of local self-government).

2.11. The certificate of wills, certification of fidelity of copies (photocopies) of documents and statements from them, certification of signature on documents, issue of the duplicate of the certified document are performed by making of the certifying texts on the relevant documents which are signed by the official of local government body and sealed official relevant organ of local self-government (appendices 1-14).

The certifying text shall be written clear, accurately, without erasures. For application of the certifying texts stamps with the text of the corresponding text can be used. Mastic stamps with the words "copy", "copy from the copy", "duplicate which is valid the original", "according to the original" and so forth can be also applied to execution of notarial documents.

The certifying text on the will is located after the signature of physical person on the same page or on the back of the document. If the certifying text is not located on notarially processed document, it shall be continued on the sheet of paper attached to the document. In this case sheets on which the text of the document is stated and leaf are fastened to continuation of the certifying text with method, excluding possibility of their separation without integrity violation. Sheets shall be numbered, the quantity them is attested the signature of the official of local government body, are under seal this body.

2.12. All notarial actions which are made by the official of local government body are registered in the register for registration of notarial actions of local government body (appendix 15) according to the procedure, the stipulated in Article 52 Laws of Ukraine "About notariate", and the Rules of maintaining notarial clerical work approved by the order of the Ministry of Justice of Ukraine of 22.12.2010 No. 3253/5, registered in the Ministry of Justice of Ukraine 23.12.2010 for No. 1318/18613 (further - Rules).

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