Law of Ukraine - Notaries

Notaries

Notary in Ukraine is based on the guidelines set forth by the law entitled "On Notariate". According to the law, the Notariate is a system of bodies and officials obliged to certify rights, certify facts that have legal force and perform other notary actions as stated in the law with the purpose of giving them legal force. In Ukraine, notary operations are carried out by state notaries, private notaries or officials of executive bodies of local (village, settlement, city) councils, if there are no notaries therein. The difference between state and private notaries is the service fees imposed by public notaries are fixed by the state, whereas the only aspect regulated by the State in regards to private notaries is the price floor.

Any person who considers occupation of the notary post must 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, pass a qualification exam and receive a certificate permitting notary actions. A person with any outstanding convictions cannot be a notary by law.

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.

Notaries are not allowed by law to work in courts, police, and prosecutor offices, nor represent citizens in courts or any other government offices. The major role of notaries in Ukraine is to notarize documents and contracts between persons in accordance to Civil Code of Ukraine. Every notarized document, agreement, contract, etc. is issued on numerated, special paper form, protected by security features and is registered in the notary's records which is kept after completion in regional (oblast) archives indefinitely. A notary database is kept and accessible to public on the official website of the Ministry of Justice of Ukraine. As of 2007, about 13,000 registered notaries practice in Ukraine.