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Ministry of Justice of Ukraine

July 12, 2012

No. 1170/21482

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of July 11, 2012 No. 1043/5

About approval of the Procedure for issue of the certificate on the right to occupation notarial activities

(as amended on 05-11-2020)

According to article 11 of the Law of Ukraine "About notariate" and for the purpose of enhancement of process of issue of certificates on the right to occupation notarial activities I ORDER:

1. Approve the Procedure for issue of the certificate on the right to occupation by notarial activities which is applied.

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

3.1. Submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

3.2. Provide proper accomplishment of this order.

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

 

First Deputy Minister

I. I. Yemelyanova

Approved by the Order of the Ministry of Justice of Ukraine of July 11, 2012, No. 1043/5

Procedure for issue of the certificate on the right to occupation notarial activities

1. The certificate on the right to occupation can be granted by notarial activities (further - the certificate) to the citizen of Ukraine who has complete higher legal education with degree not below the master, knows state language respectively to the level determined by the Law of Ukraine "About ensuring functioning of Ukrainian as state" has length of service in the field of the right less than six years, from them the assistant notary or the consultant of office of notary public - at least than three years, or is successful in the case provided by the Law of Ukraine "About notariate", passed training within one year in office of notary public or at the private notary and passed qualification examination.

2. The certificate is the basis for position assignment of the notary public or for registration of private notarial activities.

3. The certificate is granted by the Ministry of Justice of Ukraine based on the decision of the Highest qualification commission of notariate under the Ministry of Justice of Ukraine (further - the Highest qualification commission of notariate) which is stored in cases of department according to powers (further - Department).

4. Person who intends to receive the certificate submits to the Ministry of Justice of Ukraine the application for issue of the certificate. If the application is directed by mail, the signature of person on it shall be notarially witnessed.

In case of filing of application personally authorized person of Department identifies the applicant's personality according to the passport of the citizen of Ukraine about what it puts down mark in the statement.

Such documents are enclosed to the application:

the document on introduction of payment for issue of the certificate (the receipt issued by bank or the payment order with mark of bank);

photocopy of the document on the higher legal education;

photocopy of the service record;

passport photocopy.

In case of submission of documents personally fidelity of their photocopies makes sure the authorized person of Department. In case of the direction of documents by mail fidelity of photocopies makes sure notarially.

5. The documents specified in item 4 of this Procedure move personally or are sent by the mailing to the Ministry of Justice of Ukraine.

The paragraph two is excluded according to the Order of the Ministry of Justice of Ukraine of 11.03.2013 No. 401/5 

6. Documents concerning issue of the certificate are considered by Department within fifteen days from the date of their receipt.

7. The statement for issue of the certificate remains without consideration if it is given without documents, stipulated in Item 4 this About or if the filed documents are processed with violation of the established requirements what the Ministry of Justice of Ukraine reports to the applicant about.

8. In case of provision of complete set of documents, stipulated in Item 4 this About, and compliance to their legislation conclusion about issue of the certificate which is the basis for preparation of the draft of the warrant of surrender of such certificate prepares.

Conclusion prepares Department and is signed by his head.

Based on the order the certificate in the form established in appendix 1 to this Procedure which is signed by the Minister of Justice of Ukraine is granted.

9. The certificate is registered in the Magazine of registration of the granted certificates on the right to occupation notarial activities (appendix 2) (further - the Magazine).

10. The certificate is granted according to the submitted application personally to the applicant or his representative by proxy or sent to the applicant by the registered mail within three working days from the date of registration of the warrant of surrender of the certificate. About posylaniye or issue of the certificate the corresponding record is entered in column 7 of the Magazine.

11. In case of loss or damage of the certificate, and also in case of need entering of corrections into it the repeated certificate is granted.

12. The repeated certificate is granted based on the registration log entry according to statements of persons concerning which such record is constituted.

13. On certificates which are granted repeatedly on reverse side in the extreme right corner the mark "Repeated" is put down.

14. Person who intends to receive the repeated certificate submits to the Ministry of Justice of Ukraine the application for issue of the repeated certificate. If the application is directed by the mailing, the signature of person on it shall be notarially witnessed.

In case of filing of application personally authorized person of Department identifies the applicant's personality according to the passport of the citizen of Ukraine about what it puts down mark in the statement.

Such documents are enclosed to the application:

the document on introduction of payment for issue of the repeated certificate (the receipt issued by bank or the payment order with mark of bank);

passport photocopy;

the message in mass media on loss of the certificate or the original certificate which is damaged or to which it is necessary to make corrections.

In case of submission of documents personally fidelity of photocopy of the passport makes sure the authorized person of Department. In case of the direction of documents by mail fidelity of photocopy of the passport makes sure notarially.

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