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Ministry of Justice of Ukraine

December 14, 2016

No. 1620/29750

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of December 7, 2016 No. 3595/5

About approval of the Procedure for issue of the certificate on the right to making of notarial actions for execution of the succession law

(as amended of the Order of the Ministry of Justice of Ukraine of 27.08.2018 No. 2786/5)

According to article 37 of the Law of Ukraine "About notariate", the subitem 69 of item 4 of the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228, and for the purpose of establishment of the procedure of issue of certificates on the right to making of notarial actions for execution of the succession law I order:

1. Approve the Procedure for issue of the certificate on the right to making of notarial actions for execution of the succession law which is applied.

2. To department of private law (A.N. Ferens):

1) to 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";

2) to provide proper execution of this order.

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

4. To impose control of execution of this order on the first deputy Minister Sevostyanova N. I.

Minister

P. Petrenko

Approved by the Order of the Ministry of Justice of Ukraine of December 7, 2016, No. 3595/5

Procedure for issue of the certificate on the right to making of notarial actions for execution of the succession law

1. This Procedure determines the procedure of issue to the authorized officer of local government body (further - the authorized person) certificates on the right to making of notarial actions for execution of the succession law.

2. The certificate on the right to making of notarial actions for execution of the succession law (further - the certificate) can be granted to the authorized person which has the higher legal education, work experience in area of the right at least three years, passed within year training in office of notary public or at the private notary, finished training in work with the unified and state registers functioning in system of the Ministry of Justice of Ukraine and passed examination in succession law.

3. The certificate is the basis to make the authorized person the notarial actions provided by Items 6, 7 parts one of article 37 of the Law of Ukraine "About notariate" namely: grant certificates on the right to inheritance, and also on the property right to share in common property of spouses in case of the death of one of spouses.

4. The certificate is granted by the Ministry of Justice of Ukraine based on the decision of the Commission concerning passing an examination on succession law by officials of local government body, representatives on making of notarial actions (further - the Commission) which is stored in cases of department according to powers (further - Department).

5. The authorized person which intends to receive the certificate submits the application addressed to the head of local government body for entering into the Ministry of Justice of Ukraine of idea of issue of the certificate (further - the statement). The statement is subject to registration in accordance with the established procedure.

6. The local government body based on the statement directs to the Ministry of Justice of Ukraine idea of issue of the certificate (further - representation) together with documents, the stipulated in Item 7 presents About.

7. Copies of the following documents are attached to representation:

statements;

the diploma about the higher legal education;

service record;

first, second, eleventh pages of the passport of the citizen of Ukraine.

The specified copies of documents are certified on place of employment of the authorized person of the procedure established by the law.

8. The documents specified in Items 6, 7 presents About go courier delivery to the Ministry of Justice of Ukraine or move the authorized representative of the local government body which is acting on the basis of the power of attorney or other document conferring it appropriate authority.

9. Documents on issue of the certificate are considered by Department within ten working days from the date of their receipt.

10. Representation remains without consideration if it is given without documents, the stipulated in Item 7 presents About or if the submitted documents are processed with violation of the established requirements what the Ministry of Justice of Ukraine notifies local government body in the procedure established by the legislation on.

11. In case of provision of complete set of the documents provided by Items 6, 7 presents About and compliance to their legislation the conclusion about issue of the certificate which is the basis for preparation of the draft of the warrant of surrender of such certificate prepares.

The conclusion prepares Department and is signed by his head.

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

12. The certificate is registered in the magazine of registration of the granted certificates on the right to making of notarial actions for execution of the succession law which form is given in appendix 2 to this Procedure (further - the magazine).

13. The certificate is granted according to the brought representation of local government body to the authorized representative of local government body who is acting on the basis of the power of attorney or other document conferring it powers or goes to local government body the registered mail with the assurance of receipt within three working days from the date of registration of the warrant of surrender of the certificate. About the direction or issue of the certificate the corresponding record is entered in column 7 of the magazine.

14. 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.

15. The repeated certificate is granted based on the registration log entry on representations of local government bodies which rather authorized persons such record is constituted.

16. On the certificates granted repeatedly on reverse side in the right corner the mark "Repeated" is put down.

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