ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of August 25, 1994 No. 22/5

About approval of the Instruction about procedure for making of notarial actions by officials of executive committees of village, settlement, city councils of People's Deputies of Ukraine

For the purpose of implementation of the Law of Ukraine "About notariate" I ORDER:

1. Approve the Instruction about procedure for making of notarial actions by officials of executive committees of village, settlement, city councils of People's Deputies of Ukraine which is applied.

2. To management of the organization of legal aid to the population (Pavlova L. M.) bring noted Instruction to permission of executive bodies, and also Head department of justice in the Crimea, justice departments in areas, the cities of Kiev and Sevastopol.

3. Recognize invalid the Instruction about procedure for making of notarial actions of city, settlement, village councils of People's Deputies by executive committees approved by the order of the Minister of Justice of USSR of 19.01.76 N1/5.

Approved by the order of the Ministry of Justice of Ukraine of August 25, 1994 No. 22/5

The instruction about procedure for making of notarial actions by officials of executive committees of village, settlement, city councils of People's Deputies of Ukraine

 Section I. General provisions

1. According to article 37 of the Law "About Notariate" in settlements where there are no notaries public, officials of executive committees of village, settlement, city councils of People's Deputies (further - officials of executive committees) make such notarial actions:

1) take measures to protection of heritable property;

2) are imposed and rent ban of alienation of the apartment house, apartments, dachas, the garden house, garage, the parcel of land, other real estate.

In settlements where there are no notaries, officials of executive committees except the actions provided in part one of this Article make also such notarial actions:

1) is certified by wills;

2) is certified by powers of attorney;

3) certify fidelity of copies of documents and statements from them;

4) certify authenticity of the signature on documents.

Officials of executive committees of village, settlement, city councils of People's Deputies have no right to process the documents intended for action abroad.

2. Notarial actions in executive committees of village, settlement, city councils of People's Deputies are made by officials to whom according to the decision of executive committee of the relevant Council of People's Deputies making of these actions is assigned.

3. According to article 7 of the Law "About Notariate" officials of executive committees which make notarial actions in the activities are guided by the laws of Ukraine, resolutions of the Verkhovna Rada of Ukraine, decrees and orders of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, and in the territory of the Republic of Crimea, besides, the legislation of the Republic of Crimea, orders of the Minister of Justice of Ukraine, regulations of the regional, Kiev and Sevastopol city public administrations.

4. Officials of executive committees which make notarial actions shall observe the mystery of these actions.

Certificates of committed notarial actions and documents are issued only to citizens and legal entities, by proxy which or concerning which notarial actions were made.

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

Certificates of wills (about will availability, its content, etc.) are issued to persons listed in paragraphs second and third this Item and also beneficiaries under a will only after the death of the testator by provision of the certificate on his death.

According to the written requirement of the state tax authorities references, documents and their copies necessary for determination of correctness of collection of the state fee and the purposes of the taxation are issued. Certificates of wills are issued only after the death of the testator.

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

Persons guilty of violation of mystery of the made notarial actions, bear responsibility according to the procedure, established by the legislation of Ukraine.

5. Officials of executive committees shall assist citizens, the companies to organizations and the organizations in implementation of their rights and protection of legitimate interests, to explain the rights and obligations, to warn about effects of the made notarial actions in order that legal lack of information could not be used by it to the detriment.

6. According to article 15 of the Law "About Notariate" language of notarial clerical work is determined by article 20 of the Law "About Languages in the Ukrainian SSR". 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 official of the executive committee making notarial action or the translator 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.

Section II. General rules of making of notarial actions

7. Notarial actions can be made by the official of any executive committee in all territory of Ukraine, except as specified, 93 both 103 Laws "About Notariate" provided by Articles 9, of 36, of 55, of 60, of 65, of 66, 70-73, 85,, and other cases, stipulated by the legislation Ukraine.

8. Notarial actions are made in executive committee of village, settlement, city council of People's Deputies. In some cases, when the citizen cannot be to noted room and also when that is required by features of the certifying agreement, notarial actions can be made out of the specified room.

If notarial action is made out of premises of executive committee, then in the certifying text on the document and in registers of notarial actions the place of making of notarial action (at home, in hospital, at the company, organization, the organization, etc.) with indication of the address, and also the reason of it registers (for example: "Due to the disease of the testator the will is certified to the address: village October Pereyaslav-Khmelnytskyi of the region of Kiev region, Ulitsa Shkolnaya, 3, quarter 8").

9. Notarial actions are made after their payment in day of submission of all necessary documents.

Making of notarial action can be postponed in case of need claimings of additional data or documents from officials of the companies, organizations and the organizations or the direction of documents for examination and also in case the official of executive committee based on Article 256 of the Code of civil procedure takes a legal action with the statement for recognition of the citizen who addressed for making of notarial action, incapacitated or is limited by capable. In this case the question of possibility of the certificate of the will or power of attorney is solved the official of executive committee depending on result of permission of case by court.

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 wishing to take a legal action for appeal of the right or the fact about which certificate asks other interested person making of notarial action it shall be postponed for term no more than ten days. If from court the message on receipt of the statement is not received for this term, notarial action shall be made.

In case of obtaining from court 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 permission of case by court.

In case of the certificate of the will these rules are not applied.

10. When making notarial actions officials of executive committees identify the personality of the citizen, his representative or the representative of the company, organization, organization who addressed for making of notarial actions.

Identification is performed according to the passport or other documents excluding any doubts concerning the identity of the citizen (the passport of the citizen of Ukraine, the passport of the citizen of Ukraine for trip abroad, the diplomatic or service passport, the identity certificate of the seaman, the residence permit of the person living in Ukraine, but not being the citizen of Ukraine, the national passport of the foreigner or the document replacing it the certificate of birth of the minors which did not reach 16 years, the certificate of the driver, the certificate issued on place of employment of the citizen, the certificate of release from places of detention, etc.).

When for the citizen who owing to physical defect, disease, or on other reasonable excuses cannot sign the will, the power of attorney, the statement or other document other citizen is signed. The official of executive committee identifies the personality of the citizen who was signed.

11. In case of the certificate of wills, powers of attorney and certification of signature on documents authenticity of signatures of citizens who addressed for making of notarial action is verified.

12. In case of the certificate of wills or powers of attorney capacity to act of citizens becomes clear and legal capacity of legal entities on behalf of whom powers of attorney make sure is checked. In case of the certificate of the power of attorney the representative checks its powers.

13. Notarized wills, powers of attorney, statements and other documents are signed in the presence of the official of the executive committee making notarial action. If the will, the power of attorney, the statement or other document it is signed in the absence of these officials, the citizen shall confirm personally that the document is signed by it.

The official of executive committee who makes notarial actions can not require every time of appearance of officials of the companies, organizations and the organizations famous to it if it has the specimen signatures of these officials received in case of the personal address, and authenticity of their signatures does not raise doubts.

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