It is registered
Ministry of Justice of Ukraine
October 9, 2013
of October 4, 2013 No. 2104/5
About approval of Rules of professional ethics of notaries of Ukraine
According to articles 2-1, 5 of the Law of Ukraine "About notariate" I ORDER:
1. Approve Rules of professional ethics of notaries of Ukraine which are attached.
3. To department of notariate and bankruptcy (Chigvintseva L. V.) provide submission of this order on state registration according to the Presidential decree of Ukraine of October 03, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".
4. To department of notariate and bankruptcy (Chigvintseva L. V.), to 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 to provide proper accomplishment of this order.
6. To impose control over the implementation of this order on Department of notariate and bankruptcy (Chigvintsev L. V.).
Approved by the Order of the Ministry of Justice of Ukraine on October 4, 2013 No. 2104/5
These rules are developed according to article 5 of the Law of Ukraine "About notariate" and determine the principles of professional ethics of the notary by which the notary shall be guided in the relations with state bodies, physical persons and legal entities, other notaries.
Tasks of these Rules are:
providing trust of society and citizens to notaries;
ensuring efficiency of accomplishment of tasks and functions of bodies of notariate;
increase in the authority of notariate and reputation of notaries;
expansion of opportunities of influence of the public on quality of activities of notaries;
informing physical persons and legal entities on behavior which they have the right to expect from notaries.
The professional behavior of notaries of Ukraine is based on the following basic principles:
Specifics of the purposes and tasks of notariate demand proper implementation of notarial activities, the maximum independence of the notary, freedom from any influence or pressure and from illegal intervention in its activities.
For the purpose of respect for this principle in the professional activity the notary shall resist to any illegal attempts of infringement of its independence, to be courageous and basic performed by the professional obligations, upholding of professional privileges and their effective use for the benefit of participants of notarial process.
The notary not allow in the professional activity of compromises which negatively would affect its professional image, setting as the purpose receipts of the benefits from management, public authorities, the third parties or participants of notarial process if such compromises contradict requirements of the law and interfere with proper rendering legal assistance.
The notary shall not be guided by instructions of other persons concerning content, forms, methods, the sequence and time of implementation of the professional privileges and obligations if these instructions contradict the law and its professional idea of optimal variant of accomplishment of own professional actions.
In the professional activity the notary shall adhere to the current legislation of Ukraine, promote approval and practical realization of the principles of supremacy of law and legality, to apply all the knowledge and professional skill to proper protection of the rights and legitimate interests of physical persons and legal entities.
The notary cannot give to physical persons and legal entities the advice which is consciously directed to making of offenses by them or is otherwise intentional promote their making.
The notary in the professional activity has no right to resort to the means and methods contradicting the current legislation or these rules.
3. Objectivity and impartiality.
The notary shall perform the professional activity according to the legislation and the taken oath and to be impartial when making notarial actions.
The notary shall make decisions and make actions without prejudice: not allow in case of execution of the obligations of provision of benefits or creations of conditions for provision of benefits to any persons, groups of persons on the basis of sex, races, national identity, language, origin, property and official capacity, the residence and the relation to religion, beliefs, belonging to public associations, professional accessory and on other signs, and also any legal entities if other is not provided by the current legislation of Ukraine.
The notary not allow possibilities of influence of private interests, interests of interested persons on accomplishment of the obligations by it.
Disclosure of the data which are notarial secret is forbidden under any circumstances, except the cases established by the Law of Ukraine "About notariate".
Respect for the principle of confidentiality is necessary and major premises of trusting relationships between the notary and physical persons and legal entities. Preserving confidentiality of any information obtained by the notary from physical persons and legal entities and also about them or other persons in the course of implementation of notarial activities, is the right of the notary in the relations with all persons of law who can require disclosure of such information, and obligation - concerning physical persons and legal entities and persons whom this information concerns.
Action of the principle of confidentiality is not limited in time.
Confidentiality of the certain information protected according to rules of this Item can be cancelled only by person interested in its observance (either heirs of such physical person or legal successors of the legal entity) in the written or other fixed form.
The notary shall provide understanding and respect for the principle of confidentiality and the mystery of notarial actions by the assistants (consultants of office of notary public) and technicians.
The notary shall provide such storage conditions of the documents which are at its disposal and containing confidential information, excluding access to them for strangers except cases, stipulated by the legislation.
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