Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

It is registered

Ministry of Justice of Ukraine

February 17, 2014

No. 298/25075

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of February 17, 2014 No. 357/5

About approval of the Procedure for conducting check of the organization of work of offices of notary public, Public notarial Records Offices, organization of notarial activities of private notaries, observance by the state and private notaries of procedure for making of notarial actions and accomplishment of rules of notarial clerical work

(as amended on 05-11-2020)

According to Articles 2-1, 18, 33 Laws of Ukraine "About notariate" order:

1. Approve the Procedure for conducting check of the organization of work of offices of notary public, Public notarial Records Offices, the organizations of notarial activities of private notaries, observance by the state and private notaries of procedure for making of notarial actions and accomplishment of rules of notarial clerical work which is applied.

2. Declare invalid the order of the Ministry of Justice of Ukraine of December 24, 2008 No. 2260/5 "About approval of the Procedure for conducting check of the organization of notarial activities of the state and private notaries, observance of procedure for making of notarial actions and accomplishment of rules of notarial clerical work by them", registered in the Ministry of Justice of Ukraine on December 25, 2008 at No. 1244/15935 (with changes).

3. To department of notariate and bankruptcy (Chigvintseva L. V.) submit 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 chiefs of Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, head departments of justice in areas, the cities of Kiev and Sevastopol to provide proper execution of this order.

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

6. To impose control of execution of this order on the director of the department of notariate and bankruptcy Chigvintseva L. V.

Minister

E. Lukash

Approved by the Order of the Ministry of Justice of Ukraine of February 17, 2014, No. 357/5

Procedure for conducting check of the organization of work of offices of notary public, Public notarial Records Offices, organizations of notarial activities of private notaries, observance by the state and private notaries of procedure for making of notarial actions and accomplishment of rules of notarial clerical work

1. This Procedure determines the mechanism of implementation by the Ministry of Justice of Ukraine (further - the Ministry of Justice), territorial authority of the Ministry of Justice of check of the organization of work of offices of notary public, the Public notarial Records Offices, the organizations of notarial activities of private notaries, observance by the state and private notaries of procedure for making of notarial actions and accomplishment of rules of notarial clerical work.

2. In this Procedure terms are used in the following values:

check - scheduled or unscheduled inspection during which work of office of notary public, Public notarial Records Office, notarial activities of the private notary for the corresponding period is checked;

scheduled inspection - complex check of the organization of work of office of notary public, Public notarial Records Office, organization of notarial activities of the private notary, observance by the state and private notaries of procedure for making of notarial actions and accomplishment of rules of notarial clerical work;

unscheduled inspection - the complex, target or control check of the organization of work of office of notary public, Public notarial Records Office, organization of notarial activities of the private notary, observance by the state and private notaries of procedure for making of notarial actions and accomplishment of rules of notarial clerical work which is not planned by the Ministry of Justice, territorial authority of the Ministry of Justice by them, and also check according to appeals of physical persons and legal entities.

3. The main objectives of check are:

1) check of the organization of work of office of notary public, Public notarial Records Office, organization of notarial activities of the private notary, including observance of requirements to workplace (office) of the private notary (further - workplace), insurance of civil responsibility, availability of persons working at conditions of civil or employment contracts, storage conditions of archive, seals, stamps, special forms of notarial documents and so forth;

2) check of observance by the state and private notaries of rules of maintaining notarial clerical work, correctness of forming of documents in cases, availability and compliance to requirements of the legislation of documents (in cases, stipulated by the legislation, - copies of documents), notarial actions, necessary for making, and notarially processed document attached to copy, the documents necessary for carrying out state registration of the rights to real estate and their encumbrances, availability on documents of necessary details (seals, signatures, register numbers, date, etc.);

3) check of observance by the state and private notaries of procedure for making of notarial actions, including when carrying out state registration of the rights to real estate and their encumbrances;

4) identification of violations of the law, regulating organization of work of office of notary public, the Public notarial Records Office, the organization of notarial activities of the private notary, procedure for making of notarial actions and maintaining notarial clerical work;

5) accomplishment by the state and private notaries of obligation on increase in professional level (passing of advanced training, participation in conferences and seminars on points of law, observance of the rules of professional ethics approved by the Ministry of Justice);

6) determination of quality of notarial servicing of physical persons and legal entities;

7) provision of recommendations about elimination of the reasons owing to which violations are allowed;

8) application to the state and private notaries of response measures, stipulated by the legislation, in case of identification during check of the violations allowed by them;

9) generalization of results of checks for the purpose of determination of typical violations, shortcomings and the mistakes made by the state and private notaries;

10) distribution of positive work experience of office of notary public, Public notarial Records Office, private notary.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.