The Law of Ukraine
Date of Entry into Force:
January 1, 1994
Adoption of the Law “On Notariate” allowed to regulate activity of notaries in Ukraine. According to the Law, notariate are a system of bodies and officials obliged to:
- certify rights;
- certify facts that have legal force;
- perform other notary actions provided for by this Law with the purpose of giving them legal force.
In Ukraine notary operations shall be accomplished by state notaries, private notaries or officials of executive bodies of local (village, settlement, city) councils, if there are no notaries therein.
Notary operations abroad shall be performed by Ukrainian consular establishments and diplomatic representative offices.
In some cases certification of wills and letters of attorney may be performed by:
- doctors on duty of hospitals, sanatoriums;
- captains of sea vessels sailing under Ukrainian flag;
- chiefs of reconnaissance, arctic expeditions;
- commanders of military units and military educational institutions;
- chiefs of imprisoning.
The person who wants to occupy notary's post shall:
- be a citizen of Ukraine;
- have higher legal education (university, academy, institute);
- work on probation during 6 months in a state notary office or at private notary's;
- pass qualification exam and get certificate permitting notary activities performance.
The person who has unspent convictions shall not be a notary.
The certificate permitting notary activities may be abrogated by the Ministry of Justice of Ukraine in the following cases:
- on notary's own initiative;
- loss of Ukrainian citizenship or departure to permanent residence outside Ukraine;
- notary's non-conformity to the occupied post because of health condition preventing him from accomplishment of notary activities;
- coming into force of conviction sentence against notary.
The Law sets a list of notary actions which may be performed in offices of state notaries. At the same time a private notary, unlike a state notary, shall not:
- issue certificate on right to inheritance;
- take measures to protect the inherited property;
- certify life-long maintenance agreements;
- legalize signature on the documents intended for operation abroad;
- certify parents' or guardian's (curator's) signature identity on the agreement on child adoption.
A notary shall refuse to notarize, if:
- such action contradicts the Law;
- a incapable person or a representative who does not have the necessary authorities applied for notarization;
- the agreement concluded on behalf of legal entity contradicts the purposes indicated in its statute or provisions.
Notarial actions or refusal to perform them may be appealed in court.
The Law determines the rules of notarial actions accomplishment, in particular:
- agreements certification;
- taking measures to protect the inherited property;
- issue of certificates on right to inheritance;
- prohibition of immovable property alienation;
- notarization of copies of documents;
- certification of facts;
- depositing monetary funds and securities;
- execution of inscriptions;
- execution of captain's protests.
The documents composed abroad by foreign authorities or with their participation, shall be taken by notaries on condition they had been legalized by the bodies of Ukrainian Ministry of Foreign Affairs. The notaries in Ukraine may also perform certification inscriptions pursuant to the form provided for by the foreign legislation, if it does not contradict Ukrainian legislation.