ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE, MINISTRY OF FOREIGN AFFAIRS OF UKRAINE

of December 27, 2004 No. 142/5/310

About approval of the Regulations on procedure for making of notarial actions in diplomatic representations and consular establishments of Ukraine

At communication with adoption of the Family code of Ukraine, the Civil code of Ukraine and according to the Law of Ukraine "About notariate", the Consular charter of Ukraine we ORDER:

1. Approve Regulations on procedure for making of notarial actions in diplomatic representations and consular establishments of Ukraine (further - the Provision) which are applied.

2. To department for civil status of citizens and to notariate of the Ministry of Justice of Ukraine to send the Provision to Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, regional, Kiev and Sevastopol the municipal government of justice for application in work and bringing to permission of notaries.

3. To management of consular service of the Ministry of Foreign Affairs of Ukraine to bring the specified Provision to permission of diplomatic representations and consular establishments of Ukraine for use in work.

4. To impose control over the implementation of this order on deputy ministers of justice of Ukraine and the Minister of Foreign Affairs of Ukraine according to distribution of functional obligations.

 

Minister of Justice of Ukraine

O. Lavrinovich

Minister of Foreign Affairs Ukraine

K. Grishchenko

Approved by the Order of the Ministry of Justice of Ukraine, the Ministry of Foreign Affairs of Ukraine of December 27, 2004 No. 142/5/310

Regulations on procedure for making of notarial actions in diplomatic representations and consular establishments of Ukraine

1. General provisions

1.1. This Provision developed according to the Law of Ukraine "About notariate", Civil and Family codes of Ukraine, Chapter XI of the Consular charter of Ukraine determines procedure for making of notarial actions in diplomatic representations and consular establishments of Ukraine.

1.2. Making of notarial actions is assigned to consular officials (further - the consul) who work in diplomatic representations and consular establishments of Ukraine.

1.3. Consuls make such types of notarial actions:

1) transactions (agreements, wills, powers of attorney, etc.), except mortgage agreements, agreements on alienation and pledge of apartment houses, apartments, dachas, garden houses, garages, the parcels of land, other real estate, located in Ukraine, and also except lease agreements, the sublease, emphyteusis of the parcels of land of agricultural purpose make sure;

2) measures to protection of heritable property are used;

3) certificates on the right to inheritance are granted;

4) certificates on the property right to share in common property of spouses are granted;

5) fidelity of copies (photocopies) of documents and statements from them makes sure;

6) fidelity of the signature on documents makes sure;

7) authenticity of the qualified digital signature on electronic documents makes sure;

8) fidelity of transfer of documents from one language on another makes sure;

9) makes sure the fact that the physical person is live;

10) the fact of stay of physical person in certain place makes sure;

11) identity of physical person with person represented on photograph makes sure;

12) time of production of documents makes sure;

13) sums of money and securities are accepted in the deposit;

14) executive texts are made;

15) ship's protests are made;

16) documents are accepted on storage;

17) duplicates of the documents certified by them are issued.

By the legislation of Ukraine also other actions which are made by consuls can be provided.

1.4. Consuls according to article 7 of the Law of Ukraine "About notariate" in the activities are guided by the Constitution of Ukraine, the laws of Ukraine, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine, the Ministry of Foreign Affairs of Ukraine and other regulatory legal acts.

1.5. Consuls shall observe the mysteries of the notarial actions and data received by them in connection with their making.

Certificates of committed notarial actions and documents are issued only to physical persons and legal entities at the request of which or concerning which notarial actions were made.

On written and documents are issued to the requirement of court, economic court, prosecutor's office, bodies of inquiry and investigation of the certificate of committed notarial actions in connection with criminal, civil or economic cases which are in their production.

The written requirement with which the court and other bodies stated above address shall be drawn properly up (in particular, to have the reference to file number concerning which there was need for receipt of information).

Certificates of wills (about will availability, its content, etc.) are issued to persons concerning whom the will, and also to the bodies listed in paragraph three of this subitem and legal heirs only after the death of the testator on condition of provision of the certificate (notarially attested copy) on his death was constituted.

The debt of observance of mystery of the performed notarial actions extends also to persons who knew of committed notarial actions in connection with accomplishment of service duties by them.

1.6. Consuls shall perform the professional obligations according to the Consular charter of Ukraine, the Law of Ukraine "About notariate", to assist physical persons and legal entities in implementation of their rights and protection of legitimate interests, to explain the rights and obligations, to warn about effects of notarial actions which are made in order that legal lack of information could not damage, keep it in secret the data received by them in connection with making of notarial actions, to refuse making of notarial action in case of its discrepancy to the legislation of Ukraine or to the existing international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

At the request of physical persons or legal entities which addressed for making of notarial actions consuls have the right to summon from legal entities of the data and the documents necessary for making of these notarial actions, to constitute drafts of transactions and statements, to make copies (photocopy) of documents and extraction of them, and also to make explanations concerning making of notarial actions.

By the current legislation also other rights can be granted to the consul.

1.7. Language of notarial clerical work is determined according to article 10 of the Constitution of Ukraine and the Law of Ukraine "About ensuring functioning of Ukrainian as state". If person who addressed for making of notarial action, does not know language in which the clerical work is conducted, texts of the processed documents shall be translated to it by the consul or the translator in written or oral form about what it is specified in the certifying text.

Person who is not knowing language in which the document is made is signed in that language which it knows.

2. General rules of making of notarial actions

2.1. Notarial actions are made in diplomatic representation and consular establishment. In some cases, when the physical person cannot be to the specified room and also when that is required by features of the made notarial actions, notarial actions can be made out of the specified rooms, but within the territory of activities of diplomatic representation or consular establishment, in borders of the consular district.

If notarial action is made out of premises of diplomatic representation or consular establishment of Ukraine, in the certifying text and in the register for registration of notarial actions the place of making of notarial action (at home, in hospital and so forth) with instructions of the address, and also time of making of notarial action and the reasons on which notarial action was made out of the specified rooms registers.

2.2. Notarial actions are made in day of presentation of all of documents necessary for this purpose, payments of the consular fee and compensation of actual expenses.

Making of notarial action can be postponed in case of need reclamations of additional data or documents from physical persons and legal entities or the direction of documents for examination and also if according to the law the consul make sure of absence at interested persons of objections against making of this action.

The term for which making of notarial action in these cases is postponed cannot exceed one month.

According to the statement of the interested person who wishes to take a legal action for contest of the right or the fact about which certificate asks other interested person making of notarial action shall be postponed for term no more than ten days.

If the message on receipt of the statement is not received for this term from court, notarial action shall be made.

In case of obtaining from court through the Ministry of Foreign Affairs of Ukraine of the message on receipt of the statement of the interested person which disputes the right or the fact about which certificate asks other interested person making of notarial action stops to the solution of case by court.

By the legislation of Ukraine also other bases for adjournment and stop of notarial actions can be established.

2.3. 2.3. When making notarial actions the consul identifies person who addressed for making of notarial action, and checks the fact of application of the sanctions provided by the Law of Ukraine "About sanctions".

2.3.1. When making notarial actions the consul identifies the personality of participants of the civil relations who personally addressed for making of notarial actions.

Identification is performed according to the passport of the citizen of Ukraine or under other identity document provided by the Law of Ukraine "About the Unified state demographic register and documents confirming citizenship of Ukraine, proving the identity or her special status", the national passport of the foreigner or the document replacing it by the certificate of person with disability or the participant of World War II, the certificate issued on place of employment of physical person. The certificate of the driver, face of the seaman, crew member, person with disability or the participant of World War II, the certificate issued on place of employment of physical person cannot be used by the citizen of Ukraine for establishment of his personality in case of the conclusion of transactions.

If for physical person which in connection with disease or physical defect cannot sign with own hand the transaction or other document, it is signed by other physical person. The consul establishes as person participating in such notarial action and the face which was signed for it.

Data on the document (its details) based on which person is identified are entered by the consul in the register for registration of notarial actions.

2.3. When making notarial action the consul checks the fact of application of sanctions of the corresponding types, the stipulated in Article 4 Laws of Ukraine "About sanctions", the decision about which application is made by the National Security and Defense Council of Ukraine and enacted by the presidential decree of Ukraine, to the physical persons or legal entities which addressed for making of notarial action.

In case of the appeal of physical person or legal entity behind making of notarial action according to the order assets the consul checks also the fact of application of the sanction in the form of blocking of assets against legal entities and/or physical persons which can perform directly or indirectly decisive influence (control) on the physical person or legal entity which addressed for making of such notarial action.

In case of the request for making of notarial action of the representative of physical person or legal entity check of the fact of application of sanctions of the corresponding types, the stipulated in Article 4 Laws of Ukraine "About sanctions", is performed concerning physical person or legal entity which such representative acts for the benefit of.

Check of the fact of application of sanctions of the corresponding types is performed according to the data containing in the State register of sanctions.

In case of factual determination of application of sanctions, the stipulated in Article 4 Laws of Ukraine "About sanctions", to the physical persons or legal entities which addressed for making of notarial action (legal entities and/or physical persons which can perform directly or indirectly decisive influence (control) on the physical person or legal entity which addressed for making of the corresponding notarial action), the consul refuses making of such notarial action according to article 49 of the Law of Ukraine "About notariate" if making of notarial action leads to violation of the restrictions (prohibitions) set by the sanction of the corresponding type.

The consul shall no later than the next working day after the address to him of the corresponding person notify the Ministry of Foreign Affairs of Ukraine on physical person or legal entity to which sanctions to which it was refused making of notarial action are applied, with indication of data on notarial action, sanction type, and in case of application of the sanction in the form of blocking of assets - on asset concerning which such person addressed.

The term "assets" is used in this Provision in the value given in the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction".

2.4. In case of the certificate of transactions the amount of civil capacity to act of the physical persons and legal entities participating in them becomes clear.

Check of civil legal capacity and capacity to act of the physical person - the citizen of Ukraine is performed by receipt of information about such person from the State register of acts of civil status of citizens. Check of civil legal capacity and capacity to act of the physical person - the foreigner or the stateless person is performed based on the document which proves his identity and is the basis for stay in Ukraine.

Check of civil legal capacity and capacity to act of the legal entity registered according to the legislation of Ukraine is performed by obtaining from the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming (further - the Unified state register) the information about such person, including about its constituent documents, and checks of compliance of registration action which is made to amount of his civil legal capacity and capacity to act. Check of civil legal capacity and capacity to act of the legal entity - the nonresident is performed based on the document confirming registration of such person in the country of its location (the statement from the trade, bank, judicial register, etc.), and its constituent documents (their copies) legalized (consular legalization or putting down of apostille) in the procedure established by the legislation if other is not established by the existing international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.

In case of the conclusion of transactions the representative checks its powers.

The power of attorney which confers powers to the representative moves to the consul. The consul who has access to the Unified register of powers of attorney through information network of the Ministry of Justice of Ukraine or the Ministry of Foreign Affairs of Ukraine shall check by means of the Unified register of powers of attorney validity of the power of attorney for authority to dispose, including vehicles about what on copy of the power of attorney or its copy which remain in cases of the consul the mark about check of validity of the power of attorney for data of the Unified register of powers of attorney with obligatory specifying of identifier number of check becomes.

2.5. In case of the certificate of transactions and making of some other notarial actions in cases, stipulated by the legislation Ukraine, the consul verifies authenticity of signatures of participants of transactions and other persons who addressed for making of notarial action.

2.6. Notarially certified transactions, and also statements and other documents are signed in the presence of the consul. If the transaction, the statement or other document it is signed in the absence of the consul, the physical person shall confirm personally that the document is signed by it, and in the presence of the consul to put down on the single sheet the signature the consul could check identity of these signatures.

2.7. If the physical person in connection with disease or physical defect cannot sign with own hand the transaction, the application or other document, on its order both at its presence and in the presence of the consul other person can sign these documents. About the reasons for which the physical person interested in making of notarial action could not sign the document, it is specified in the certifying text. Person, in advantage or with the participation of which it is certified cannot sign the transaction.

The capable physical person which for health reasons cannot independently perform the rights and carry out obligations, has the right to elect to itself the assistant.

If deaf, mute or deaf-and-dumb physical person which addressed for making of notarial action, competent, it reads the document and signs it. If such person illiterate, then be present when making notarial action competent person who can have a talk with deaf, mute or deaf-and-dumb person and certify the signature that contents of the transaction, the statement or other document answer will of the participant of notarial action.

2.8. Notarial actions with use of the qualified digital signature or seal are made according to the procedure, determined by the legislation.

In case of application of the digital signature the consul shall identify the personality of podpisyvatel and check his capacity to act, and also amount of legal capacity of the legal entity and powers of his representative.

Integrity checking of the electronic document (according to the Law of Ukraine "About the digital signature") is performed by verification of the digital signature.

As the original of the electronic document cannot be applied the certificate on the right to inheritance; the document which according to the legislation can be created only in one original copy, except cases of existence of centralized storage of originals of the electronic documents and other cases provided by the law.

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