It is registered
Ministry of Justice of Ukraine
February 22, 2012
of February 22, 2012 No. 296/5
About approval of the Procedure for making of notarial actions by notaries of Ukraine
According to article 2-1 of the Law of Ukraine "About notariate" and for the purpose of enhancement of procedure for making of notarial actions by notaries of Ukraine I ORDER:
1. Approve the Procedure for making of notarial actions by notaries of Ukraine which is applied.
2. Recognize invalid orders of the Ministry of Justice of Ukraine:
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 in the procedure established by the legislation.
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.
5. To impose control over the implementation of this order on the director of the department of notariate, bankruptcy and functioning of the central zaveritelny body Chizhmar K. I.
Approved by the Order of the Ministry of Justice of Ukraine of February 22, 2012, No. 296/5
1. Notarial actions can be made by any notary in all territory of Ukraine, except for restrictions in the right of making of the notarial actions set by Articles 9, of 53, of 55, of 60, of 66, of 72, of 73, 94 Laws of Ukraine "About notariate" (further - the Law) and other acts of the legislation of Ukraine.
2. Notarial actions are made in office of notary public, in the Public notarial Records Office, the room which is workplace (office) of the private notary. In some cases, when the physical person cannot be to the specified room and also when that is required by features of the certified transaction, such notarial actions can be committed out of the specified rooms, but within the notarial district.
3. If notarial action is made out of premises of office of notary public, the Public notarial Records Office, the room which is workplace (office) of the private notary in the certifying text and in the register for registration of notarial actions the place of making of notarial action (at home, in hospital, on the location of the legal entity and so forth) with indication of the address, and also the reasons for which notarial action was made out of the specified rooms is specified.
Record about making of notarial action out of premises of office of notary public, the Public notarial Records Office, the room which is workplace (office) of the private notary is registered (book) of calls accounting of the notary out of limits of office of notary public, Public notarial Records Office or workplace (office) of the private notary according to appendix 14 to the 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 for No. 1318/18613 (with changes).
4. The notary has no right to perform notarial activities outside the notarial district, except for substitutions of other notaries in cases, stipulated by the legislation.
5. The private notary has the right to have only one room for placement of workplace (office) which shall be in limits of the notarial district in which notarial activities are performed.
1. Notarial actions are made after their payment, and also in the cases provided by the law after payment in the budget of tax on the income of physical persons in day of giving to the notary of all necessary documents.
Making of notarial action can be postponed in case of need reclamations of additional data or documents from physical persons and legal entities or the direction of documents for examination.
2. The term for which making of notarial action in these cases is postponed cannot exceed one month.
3. According to the reasonable written application of the interested person who took a legal action and based on the action for declaration of the interested person disputing the right or the fact about which certificate asks other interested person making of notarial action received from court of the message on receipt stops to the solution of case by court.
4. Postponement or stop of making of notarial actions is performed based on the current legislation.
1. When making notarial action the notary identifies person who addressed for making of notarial action.
2. Establishment of person is performed by the notary according to the documents provided by the Law.
3. The foreign citizen, the stateless person or person having the status of the refugee who address for making of notarial actions are established by the notary based on documents, stipulated by the legislation Ukraine.
4. The certificate of the driver, identity of the seaman, person with disability or the participant of war, the certificate issued on place of employment of physical person cannot be accepted by the notary for establishment of his personality during the certificate of transactions.
5. Person aged up to 14 years is identified according to the certificate of birth on condition of confirmation by parents (one of parents) of the fact that this person is their child.
In case of the conclusion of the transaction the minor the notary requests the statement of parents (one of them - in case of documentary confirmed death, deprivation of the parent rights or the right of guardianship of the second of parents, and also in case when record about the child's father in the Book of registration of births was carried out on surname and nationality of mother, and the name and middle name of the father of the child were written down on its specifying or in general are absent in the certificate of birth of the information about the father) for consent to transaction by the minor. The text of the specified statement can be placed in the text of the transaction before the signature of the minor if parents (or one of them) are present at the conclusion such person of the transaction.
In case of statement statement separately from the text of the transaction the signature(s) on such statement shall (ны) be attested notarially.
6. If for physical person which as a result of physical defect or disease cannot sign with own hand the transaction and the application or other document signs other physical person, the notary identifies the personality of the citizen who is taking part in notarial action and the identity of the citizen who was signed for it.
7. When making notarial action the notary checks the fact of application of sanctions, the stipulated in Article 4 Laws of Ukraine "About sanctions", the decision about which application is made by the National Security and Defense Council of Ukraine and enacted by the presidential decree of Ukraine, to the physical persons or legal entities which addressed for making of notarial action.
In case of the request for making of notarial action of the representative of physical person or legal entity check of the fact of application of sanctions, the stipulated in Article 4 Laws of Ukraine "About sanctions", is performed concerning physical person or legal entity which such representative acts for the benefit of.
Check of the fact of application of sanctions is performed according to the data containing in the decisions of the National Security and Defense Council of Ukraine enacted by presidential decrees of Ukraine.
In case of factual determination of application of sanctions, the stipulated in Article 4 Laws of Ukraine "About sanctions", concerning the physical persons or legal entities which addressed for making of notarial action, the notary refuses making of such notarial action according to article 49 of the Law of Ukraine "About notariate".
1. Capacity to act of the citizen who addressed for making of notarial action is checked by the notary based on the provided documents, the stipulated in Article 43 Laws confirming its age and also based on conviction of the notary as a result of the held conversation and explanation of effects of making of notarial action in capability of this person to realize value of this notarial action, its effects and content of explanations of the notary, and also compliance of will and declaration of will of person concerning making of notarial action.
Item 2 is excluded according to the Order of the Ministry of Justice of Ukraine of 26.12.2012 No. 1951/5
2. In case of availability of doubts concerning amount of civil capacity to act of the physical person who addressed for making of notarial action, the notary shall address to body of guardianship and care at the place of residence of the relevant physical person for factual determination of lack of guardianship or care over such physical person.
3. In case of check of civil capacity to act of physical person which did not reach 18 years, but it can be acknowledged such which has full civil legal capacity in connection with the conclusion such person of scrap, the notary requests the marriage certficate concerning the fact of registration of scrap of person which did not reach age of majority.
In case of check of civil capacity to act of physical person which did not reach 18 years and is mother or the child's father, the notary requests the certificate of birth of the child in which the minor is written down by mother or the father, and the decision of body of guardianship and care on provision to such person of full civil legal capacity, and in case of lack of such decision the notary requests the relevant decision of court.
When checking civil capacity to act of the physical person which reached 16 years and who is engaged in business activity, the notary receives data from the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming electronically by direct access to it.
In case of check of civil capacity to act of physical person which reached 16 years and works according to the employment contract, the notary requests the reference of such person and the decision of body of guardianship and care on provision to such person of full civil legal capacity, and in case of lack of such decision requests the relevant decision of court.
4. Check of powers of representatives of persons by proxy or under the law is performed by proxy or to the document confirming powers of the legal representative.
The notary in case of the certificate of transactions, making of other notarial actions with the assistance of the authorized representative identifies his personality according to requirements of article 43 of the Law, and also checks his capacity to act and amount of the powers conferred to it.
The validity of notarially certified power of attorney is checked by the notary according to the Unified register of powers of attorney, except for the powers of attorney certified or issued abroad by competent authorities of foreign states on condition of their legalization by authorized bodies. Without legalization such powers of attorney are accepted by notaries when it is stipulated by the legislation Ukraine, international treaties in which Ukraine takes part. By results of check of validity of the power of attorney (its duplicate) the statement from the Unified register of powers of attorney which is attached to transaction copy which remains in cases of the notary is produced.
In case of availability of doubts concerning amount of powers of the authorized representative, and also his civil capacity to act the notary has the right to make request to the relevant physical person or legal entity, on behalf of which the representative acts.
1. Civil legal capacity and capacity to act of the legal entity, on behalf of which the authorized body and/or the official acts is checked by the notary based on constituent documents, data from the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming electronically by direct access to it, and documents, confirming powers of bodies and/or officials. The notary checks whether there corresponds the made notarial action to amount of his civil legal capacity and capacity to act.
2. In case of availability at the notary of doubts of rather filed documents he can request this legal entity, bodies of the State Tax Service, other bodies, organizations and physical persons, additional data or documents.
3. Additional data for studying of person who addressed for making of notarial action, can be also received from this person or from other sources if such information is (discovered) according to Law public Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing".
4. Check of powers of the representative of the legal entity and validity of its power of attorney is performed according to the procedure, determined by Chapter 4 of the Section I of this Procedure.
5. If the legal entity is acted by collegiate organ on behalf, to the notary the document in which powers of this body and distribution of obligations between his members are enshrined is filed.
1. The notary shall establish declaration of will of person who addressed for making of notarial action.
2. The notary shall establish actual intents of each of the parties to transaction which he certifies, and also absence at the parties of objections is relative each of terms of transaction.
3. Establishment of actual intents of each of participants of the transaction is performed by establishment by the notary of identical understanding by the parties of value, terms of transaction and its consequence in law for each of the parties. Establishment of actual intents of one of the parties of the transaction can be performed by the notary in the absence of other party.
4. The transaction makes sure the notary if each of the parties equally understands value, terms of transaction and its consequence in law about what witness personal signatures of the parties on the transaction.
1. According to article 46 of the Law the notary has the right to request from physical persons and legal entities of the data and the documents necessary for making of notarial actions. Such data and (or) documents shall be filed in time, determined by the notary. This term cannot exceed one month.
2. Not submission of data and documents upon the demand of the notary is the basis for adjournment, stop of making of notarial action or refusal in its making.
3. Documents based on which notarial action, and documents or copies (endurance) from them, necessary for making of notarial action is made are surely attached to copy of the transaction, certificate and so forth which remain in cases of the notary. If state registration of the property right to the parcel of land and the real estate unit is carried out without issue of the document certifying such right or in connection with loss, damage or spoil of the relevant state act on the property right, certificates on the property right to real estate, notarial action concerning such property is made based on information from the State register of the rights to real estate obtained by direct access to it. Such information joins copy of the transaction, certificate, etc. which remain in cases of the notary.
4. Originals of documents (for example, appropriate certificates about the fact of state registration of acts of civil status - about the birth, scrap, death constituent documents (charters, provisions, foundation agreements and so forth)) return to persons which gave them, and the notary has their copies (photocopy) or excerpts from such documents.
Copies (photocopy) or excerpts of necessary documents move interested persons or at their request are produced by the notary or other employee of notary office or person which is in employment relationships with the notary.
5. Documents according to which it is established the personality which addressed for making of notarial action, or the authorized representative return to persons which gave them. In the register for registration of notarial actions the name of the document, series, number, date of its issue and the name of organization which issued it register. In case of the certificate of transactions, issue of certificates or execution of other documents which copies remain in cases of the notary the statement from the document according to which the personality of the citizen in whom all completed pages which concern details of the filed document, of its reality are displayed is identified and matter for the made notarial action, it is filed the notary.
6. The documents confirming payment in the cases of tax on the income of citizens and other obligatory payments provided by the law return with the corresponding mark about committed notarial action to persons which performed such payment or to authorized representatives of these persons. The copy (photocopy) of the payment document joins copy of the document which remains in cases of the notary.
7. In cases of the notary there are copies of the notarial actions (photocopy) given for making:
the documents certifying the property right of physical persons or legal entities to the apartment house (part of the house), the building, the estate, the apartment, the garden house, garage, the parcel of land or their part, other real estate - if pledge agreements (mortgage), lease or hiring (loan) of housing, alienation or registration of inheritance on property share make sure and also if co-owners in common equity (joint) property have one general document certifying the property right to the mentioned property, and one of them alienates the share belonging to it (or share from share) or the certificate on the property right on the right to inheritance on share in case of death of one of co-owners of agreements on determination or change of the size of shares in common ownership, and also agreements on procedure for ownership and use of property is granted;
certificates on the right to land share (share) - in case of issue of the certificate on the right to inheritance;
registration certificates of vehicles, technical data sheets on vehicles, other self-propelled machines and mechanisms - in case of the certificate of agreements on their alienation, pledge, lease, loan, in case of issue of the certificate on the property right or certificates on the right to inheritance;;
statements of mortgage holders, users of the parcel of land for consent to its separation or consolidation, authenticity of the signature (signatures) on which it is attested notarially, - in case of finding of the parcel of land in mortgage, use.
8. In case of the certificate of transactions of property nature are specified by the notary in texts of transactions: for physical persons - registration number of accounting card of the taxpayer or series and passport number (for physical persons which on the religious beliefs refused adoption of registration number of accounting card of the taxpayer and officially reported about it in relevant organ of the State Tax Service and have mark in the passport) according to the State register of physical persons - taxpayers; for legal entities - code of the taxpayer according to the Unified state register of the companies and organizations of Ukraine or tax number. In confirmation of availability of number (code) to the notary the corresponding reference or endurance or photocopy of the page of the passport with data on registration number of accounting card of the taxpayer from the State register which photocopy joins transaction copy which remains in cases of the notary moves.
If person on the religious beliefs in the procedure established by the legislation refused adoption of registration number of accounting card of the taxpayer, the notary checks this fact on mark in its passport.
In case of certification of signature on the statement which copy remains in cases of the notary the copy of the document specified in the first and second paragraphs of this Item is attached to copy of this statement.
9. On copies (photocopies) specified in items 4 - the 8th this Chapter of documents the mark "According to the Original" with putting down of date, the signature of the notary is put down.
1. Notaries do not take for making notarial actions the documents which are not meeting the requirements of the legislation or containing the data degrading the honor, advantage and goodwill of physical person or goodwills of the legal entity having erasures or dopisk, the crossed-out words or other not stipulated corrections, documents which texts cannot be read as a result of damage, and also the documents written by pencil.
2. Dopiski, the crossed-out words or other corrections which are available in documents which are filed for making of notarial actions shall be stipulated by the signature of the corresponding official and seal of organization, company or organization (in the presence) or person which issued the document. At the same time corrections shall be made so that it was possible to read both corrected, and mistakenly written, and then corrected or crossed out.
3. The torn documents and documents stated on two and more single sheets if the sheets are not connected by the method excluding possibility of their separation without integrity violation which are not numbered and not ratified the corresponding official and seal of the legal entity (in the presence) who issued the document are not accepted.
4. The notary verifies authenticity of each document sheet which is stated on special forms of notarial documents and moves for making of notarial actions, by means of the Unified register of special forms of notarial documents according to the Procedure for maintaining the Unified register of special forms of notarial documents approved by the order of the Ministry of Justice of Ukraine of 04.11.2009 No. 2053/5, registered in the Ministry of Justice of Ukraine 09.11.2009 for No. 1043/17059.
5. The information certificate of verification of the special form of the notarial document joins copy of the notarial document (the agreement, the power of attorney, the certificate and so forth) which is stored in cases of the notary.
6. Forms, data on which expenditure were entered in the Unified register of special forms of notarial documents just before making of notarial actions, reckon checked for making of the following with use of the documents stated on these forms (according to register numbers) notarial actions.
7. If documents which make sure or issued make sure, are stated on two and more single sheets, they shall be connected by the method excluding possibility of their separation without violation of their integrity, with indication of the number of the sheets stitched (strung together), numbered and fastened, to putting down of the sign and seal of the notary.
1. Texts of agreements, wills, powers of attorney, certificates, acts of ship's protests and protests of bills of exchange, transfers in case of certification by the notary of fidelity of transfer of the document from one language on another, statements on which the notary authenticity of the signature makes sure except for of statements electronically of statements and copies of documents which remain in cases of the notary, and also duplicates of notarial documents, are stated on special forms of notarial documents from front and reverse side of these forms.
The paragraph two is excluded.
2. If the document is stated on the special form of notarial documents, on copy of the document which remains in cases of the notary, the notary after the certifying text in the right bottom corner of leaf specifies series and numbers of the special forms of notarial documents used on notarial action.
3. Before signing of the document the notary shall provide acquaintance with contents of the document of the parties (participants).
4. When making notarial actions which demand application of the sign manual of persons the notary verifies authenticity of the signature of these persons by implementation of the signature by them at its presence. Establishment of their personality is performed according to the documents determined by the Law of Ukraine "About notariate".
5. If the physical person as a result of physical defect, disease or other reason (for example, illiterate), cannot sign with own hand the document, then according to its order at its presence and in the presence of the notary this document can sign other person who is determined by the specified physical person. About the reasons for which the physical person who addressed for making of notarial action had no opportunity to sign the document, it is specified in the text of the document and in the certifying text. The transaction for person who cannot sign it, cannot sign person, in advantage or with the assistance of whom it is certified.
6. If the physical person which addressed for making of notarial action has shortcomings of sight or for other reasons has no opportunity to independently read the document, the notary aloud reads to it the text of the document about what on the document the corresponding mark becomes.
7. If the deaf, mute or deaf-and-dumb physical person who addressed for making of notarial action competent, it read the document and sign it. If such person in connection with disease or physical defect cannot sign the document, then when making notarial action there shall be person (signer) owning technology of communication with deaf, mute or deaf-and-dumb person and can confirm with the signature that contents of the transaction, the statement or other document correspond to declaration of will and actual intents of the participant of notarial action. The signature of person (signer) is put down after the text of the document.
8. The signature of person or his representative in case of need of the witness(es) or the translator on the notarial document is carried out with own hand.
9. Use of the facsimile signature is not allowed.
10. If person who addressed for making of notarial action, does not know language in which the notarial clerical work is conducted, texts of the processed documents shall be translated to it by the notary or the translator in written or oral form about what it is specified in the certifying text. Person who does not know language in which the document is made is signed by that language which it knows.
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