It is registered
in the Ministry of Justice of Ukraine
December 31, 2008.
No. 1325/16016
On December 21, 2008 No. 2368/5
About approval of Rules of maintaining notarial clerical work
According to article 14 of the Law of Ukraine "About notariate"
I ORDER:
1. Approve Rules of maintaining notarial clerical work (are applied).
2. Recognize invalid the order of the Ministry of Justice of Ukraine of 03.02.94 N 6/5 "About approval of Rules of maintaining notarial clerical work", the order of the Ministry of Justice of Ukraine registered in the Ministry of Justice of Ukraine 28.02.94 for N 33/242, of 10.01.2005 N 1/5
"About approval of forms of registers for registration of notarial actions, notarial certificates, the certifying texts on legal actions and the certified documents", registered in the Ministry of Justice of Ukraine 10.01.2005 for N 17/10297 (with changes), the order of the Ministry of Justice of Ukraine of 09.11.2000 N 56/5 "About approval of Methodical instructions concerning application of the approximate nomenclature of cases of office of notary public and the private notary, the Approximate nomenclature of cases of office of notary public and the Approximate nomenclature of cases of the private notary".
3. To department of notariate and registration of lawyer associations (N. V. Yashchenko):
3.1. Provide submission of this order on state registration according to the Presidential decree of Ukraine of 03.10.92 N 493 "About state registration of regulatory legal acts of the ministries and other executive bodies" (with changes).
3.2. Bring this order to the attention of the chief of Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, chiefs of head departments of justice in areas, the cities of Kiev and Sevastopol.
4. To the chief of Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, to chiefs of head departments of justice in areas, the cities of Kiev and Sevastopol to provide its proper accomplishment:
4.1. Organize studying of Rules of maintaining notarial clerical work with employees of offices of notary public, the Public notarial Records Office, private notaries.
4.2. Exercise control of record keeping in offices of notary public, the Public notarial Records Offices and private notaries.
5. To impose control over the implementation of this order on the deputy minister Efimenko L. V.
Deputy minister L. V. Efimenko
Approved by the Order of the Ministry of Justice of Ukraine on December 31, 2008 No. 2368/5
1.1. These Rules establish procedure for documentation of notarial activities and storage of archive and determine procedure for the organization of work with documents in offices of notary public (further - office), the Public notarial Records Offices (further - archive), private notaries.
1.2. The clerical work is conducted in Ukrainian.
1.3. The main terms and their determinations used in these Rules are applied in the values given by DSTU 2732:2004 "Clerical work and archiving. Terms and determinations of concepts".
2.1. The clerical work of office, archive, the private notary includes general clerical work and notarial clerical work.
The integral component of notarial clerical work and documentary ensuring notarial process are special forms of notarial documents which are used by notaries only during making of notarial actions. Delivery, expenditure, storage, the organization of the circulation of special forms of notarial documents and the reporting on their use are performed according to the Procedure for expenditure, storage, the circulation of special forms of notarial documents and the reporting on their use approved by the resolution of the Cabinet of Ministers of Ukraine of August 5, 2009 N 812 (812-2009-p), to the orders of the Ministry of Justice of Ukraine issued on implementation of this resolution.
2.2. The general clerical work in office, archive, is conducted by the private notary with observance of requirements of the Approximate instruction on clerical work in the ministries, other central executive bodies, Council of Ministers of the Autonomous Republic of Crimea, local executive bodies approved by the resolution of the Cabinet of Ministers of Ukraine of 17.10.97 N 1153
(with changes), and Instructions on clerical work on addresses of citizens in public authorities and local self-government, associations of citizens, at the companies, in organizations, the organizations irrespective of patterns of ownership, in mass media, Ukraine approved by the resolution of the Cabinet of Ministers of 14.04.97 N 348 (with changes), DSTU 4163-2003 "The state unified system of organizational and administrative documentation. Requirements to registration".
The procedure for record keeping which contains information with limited access is determined by special regulations.
2.2.1. The manager of office, archive designates person responsible for maintaining general clerical work about what the relevant order is issued.
2.2.2. The private notary conducts general clerical work according to the current legislation.
Maintaining general clerical work can be assigned by the private notary to the face consisting with it in employment relationships.
2.3. The notarial clerical work is regulated by the Law of Ukraine "About notariate" (further - the Law), these Rules, other regulatory legal acts regulating procedure for record keeping.
2.4. The notarial clerical work consists from:
maintaining registers for registration of notarial actions according to requirements of the procedure established by Ministry of Justice, books, magazines of registration (accounting) provided by the nomenclature in which notarial documents and documents based on which notarial actions are made are registered;
storages, accounting, issue and use of notarial documents and documents based on which notarial actions are made;
creation, registrations, registration, accounting and accomplishment by office, archive, the private notary of documents on claiming and provision of the data and (or) documents necessary for making of notarial action including provided by international treaties in connection with provision of legal assistance;
registration, accounting, storage and transfer by office, archive, the private notary of references, documents and data on committed notarial actions, including the data reported to the authorities of the State Tax Service about the certified agreements the granted certificates on the right to inheritance, etc.;
procedure and terms of consideration of appeals of physical persons and legal entities concerning making of notarial actions;
temporary document storage in office, at the private notary, their preparation for transfer to the Public notarial Records Office.
3.1. Responsibility for the organization and maintaining notarial clerical work in office, archive is assigned to the manager.
3.2. The manager of office, archive designates person responsible for maintaining notarial clerical work about what the relevant order is issued.
3.3. In terse office responsibility for maintaining notarial clerical work is conferred on the manager of office of notary public.
3.4. Notaries public of polysyllabic office, archive bear the personal responsibility for observance of procedure for maintaining, use and storage of registers, books of accounting, magazines in which notarial documents and documents based on which notarial actions, and also for the notarial documents which are in their production are made are registered.
3.5. In case of loss of documents of notarial clerical work person responsible for maintaining notarial clerical work shall report immediately on the manager of office, archive who in turn reports the chief of Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, to chiefs of head departments of justice in areas, the cities of Kiev and Sevastopol (further - justice department) for acceptance of necessary measures.
3.6. Responsibility for the organization and maintaining notarial clerical work and preserving documents when implementing by the private notary of notarial activities, including ownership, use of registers, books of accounting, magazines in which notarial documents and documents based on which notarial actions are made are registered and their maintaining, and also for the notarial documents which are in its production is assigned to the notary.
3.7. Maintaining notarial clerical work can be assigned by the private notary to the face consisting with it in employment relationships.
3.8. For failure to meet requirements, established by these Rules, the private notary bears the responsibility provided by the current legislation.
4.1. In case of dismissal or job change of the notary public or person to who maintaining notarial clerical work in office is assigned put and the documents which are in clerical work are transferred to person who accepts documents.
4.1.1. For reception-transmission of documents of notarial clerical work of office the order of the manager of office appoints the commission as a part of 3 people which checks availability and condition of documents about what the delivery-acceptance certificate (appendix 1) is drawn up.
4.1.2. The delivery-acceptance certificate of documents of notarial clerical work is signed by members of the commission, person who hands over, and person accepting documents of clerical work and affirms the manager of office.
4.1.3. In case of dismissal or job change of the manager of office for reception-transmission of documents of notarial clerical work the order of the head of department of justice appoints the commission in structure at least than 3 people, including the representative of the Public notarial Records Office.
4.2. During reception-transmission of documents of notarial clerical work are checked:
availability and state of affairs (job specifications) permanent, long (more than 10 years) storages;
availability and condition of accounting documents and the help device to cases (job specifications);
availability of seals and stamps which notaries public use;
observance of procedure for storage, expenditure and reporting of special forms of notarial documents and forms of documents of information system;
availability and condition of the material equipment and stock;
condition and storage conditions of documents.
4.3. The number of documents which are in the current clerical work, and the number of the documents which are stored in office including the number of documents of general and notarial clerical work which are transferred to the Public notarial Records Office, and also the accounting and help device to them, about what it is specified the separate Section in the delivery-acceptance certificate of documents of clerical work is checked.
4.4. The delivery-acceptance certificate of documents of notarial clerical work is signed by members of the commission, the manager and person accepting documents of clerical work and affirms the head of department of justice (appendix 2).
4.5. In case of identification of shortage of documents of notarial clerical work the commission draws up the statement (appendix 3) and immediately reports the head of department of justice for acceptance of urgent measures concerning search of documents of clerical work and property of office.
4.6. If the office is liquidated, all archivings are submitted in the arranged condition to the Public notarial Records Office based on the order of justice department.
Document transfer of office which is liquidated belongs to duties of the commission created for document transfer of clerical work and property.
4.7. Documents of notarial clerical work and archive of the private notary are property of the state and are in ownership and use of the private notary in connection with implementation of notarial activities by it.
4.7.1. The private notary shall provide document storage of notarial clerical work and archive of the private notary during all term of implementation of notarial activities by it.
4.7.2. In case of loss by the private notary of documents of notarial clerical work he immediately reports on it on the head of department of justice for acceptance of necessary measures.
4.7.3. In case of dismissal of person responsible for record keeping, the private notary shall check availability and condition of documents about what the corresponding reference (appendix 4) is constituted.
4.7.4. In case of substitution of the private notary use of its documents and archive is performed according to the procedure of and within the terms defined by the agreement on substitution by his other notary.
4.7.5. Documents of notarial clerical work are transferred by the private notary who is replaced, for use to the notary replacing it based on the delivery-acceptance certificate which is signed by them (appendix 5).
5.1. Creation and document creation provides obligatory observance of such requirements: the name of organization, the author, the address of organization, the author to whom the document, the name of document type, creation of the title of the document, document date, mark about approval of the text of the document, certificate of the document (signing, approval, putting down of seal), putting down of marks about passing and accomplishment of the document is addressed.
5.2. Creation and document creation depending on their type (in-house, organizational and administrative documents and documents on administrative questions, answers to addresses of citizens, documents on claiming and provision by notaries of the data and (or) documents necessary for making of notarial actions, documents in connection with provision of legal assistance, etc.) is performed according to the procedure, provided by the current legislation.
If these Rules do not provide other, placement of details of the document is performed according to the requirements established by the Approximate instruction on clerical work in the ministries, other central executive bodies, Council of Ministers of the Autonomous Republic of Crimea, local executive bodies approved by the resolution of the Cabinet of Ministers of Ukraine of 17.10.97 N 1153 (with changes).
5.3. For creation of documents paper of the A4 formats is used (210kh 297) and A5 (148kh 210).
Creation of documents on paper of any format is not allowed.
5.3.1. In-house documents are processed on forms of office, archive, the private notary which are made according to requirements of the regulating documentation. Placement on forms of office, the archive, the private notary of the information material (advertizing logo, symbols, the schedule of work, etc.) which is advertizing and not having relation to the document is not allowed.
5.3.2. The orders issued by the manager of office managing archive of the private notary within the competence are constituted and drawn up on the sheet form of format A 4, shall be registered in the book of orders and conform to the established requirements.
5.3.3. Discussion of questions at meetings, meetings is fixed in protocols which are drawn up based on the records made during the meetings. Protocols are signed by the chairman at meeting and the secretary.
5.3.4. Certain complex of details and stable procedure for their placement shall have each document type.
The name of document type (except for letters) is specified on the form.
5.3.5. To each document which is printed on paper of format A 4, irrespective of its appointment the title which shall be most compressed is constituted and capacious, precisely display contents of the document and answer the question "About What Document?".
Titles are not constituted to texts of telephone messages, messages and to documents which are printed on paper of the A5 format.
5.3.6. The text of the document is produced by means of the commonly accepted technical means. By preparation of the document on the computer it is recommended to use fonts of 12-14 printing Items in size and font of Times New Roman, the text shall contain the certain reasoned information stated briefly, competently, clear without repeatings and deletions.
Texts of administrative documents and letters consist of two parts, in the first the basis or reasons for creation of the document, in the second - conclusions, offers, orders or requests is specified.
5.3.7. If the document is addressed to organization, its structural division, the name of organization, its structural division to which the letter is directed are specified in the Nominative case, for example:
"CB Nedra branch of JSC Donetsk regional government".
5.3.8. When addressing the document to the head of the organization or his deputy the name of the organization is part of the job title of the addressee, for example:
To "Chairman of the board of JSC Pozitron Trufanov O. S."
5.3.9. Documents are addressed to organization, its structural divisions or the specific official. In case of addressing of the document without specifying of the official of their name it are represented to organization or its structural division in the Nominative case, for example:
"Ministry of Health of Ukraine Head medical department".
5.3.10. If the document goes to the official, the name of organization is specified in the Nominative case, and position and surname of the addressee - in dative, for example:
"Ministry of Culture and Tourism of Ukraine Administration to the Chief specialist (Surname, initials)".
5.3.11. In case of addressing of the document to the head of organization or its deputy the name of organization is part of the name of position of the addressee, for example:
"To the Minister of Justice of Ukraine (Surname, initials)".
The document shall not have more than four addressees. The word "copy" before specifying of the second, third, fourth addressees is not put. In case of the direction of the document more than to four addressees the list on mailing is constituted and on each document only one addressee is specified.
5.3.12. The detail "Addressee" can include the address. The procedure and form of record of data on the address of organization shall correspond to instructions for use mail service.
The complete address is specified in case of the direction of the document to one-time correspondents, for example:
"Head department of geodesy, cartography and inventory of Ulitsa Popudrenko, 54, Kiev-94, 25094".
5.3.13. In case of the direction of the document to the citizen specify the receiver's address in the Nominative case, in such sequence: surname, name and middle name, name of the street, house number, apartments, name of the settlement, area, area, postal index, for example:
"Petrenko Vasily Stepanovich Kiyevskoye shosse, 2, sq. 14, Nikolaev, 54044".
5.3.14. In case of addressing of the document in the organization specify its name, then the postal address, for example:
"Neptun private company of Ulitsa Kurnatovskogo, 4, Kiev, 02218".
5.3.15. Document date date of its signing or approval is.
5.3.16. The document it is dated by the Arab figures in one line in the sequence: number, month, year which are divided by points. For example, on November 15, 2008 it is necessary to write:
15.11.2008.
If initial number of month or number consists of one figure, then before it zero is put.
Example: On October 3, 2008 it is necessary to write: 03.10.2008.
5.3.17. In texts of regulatory legal acts and documents which contain data of financial nature the verbal and digital method of registration of dates is applied: "on September 24, 2008".
5.3.18. If the document is constituted not on the form, is dated above the signature, at the left.
Are part of the signature: the name of position of person signing the document (complete if the document is processed not on the form, and reduced - on the document constituted on the form), the personal signature and its disaggregation, for example:
"Private notary of the Kiev city notarial district (signature) V. P. Krivenko;
Manager of office of notary public (signature) of Z. P. Krylov".
5.3.19. When signing the documents constituted by the commission not positions of persons which constituted the document, and their status as a part of the commission, for example are specified:
"Commission chairman S. K. Lebedev's signature Members of the commission G. H. Savchenko's signature N. L. Blinov's signature".
5.3.20. If the document has appendices which complete name is given in its text, then in appendix it is necessary to specify only the number of sheets and number of copies, for example: "Appendix: on the 5th leaf. in 2 copies".
5.3.21. If the document has appendices which are not mentioned in the text, then their name it is necessary to list after the text with indication of the number of sheets in each appendix and number of copies, for example:
"Appendix: 1. The explanatory note to the draft of the order on 3 foxes. in 1 copy".
5.3.22. In case of reply to the request it is necessary to make reference to number of the document request.
5.4. Creation and execution of notarial documents is performed according to the procedure, provided by the current legislation.
5.4.1. For registration (accounting) of notarial documents and documents based on which notarial actions by office are made by the private notary creates the books and magazines provided by the standard nomenclature of cases.
5.4.2. Procedure for maintaining registers for registration of notarial actions and their form are established by Ministry of Justice.
Registers for registration of prohibitions of alienation of real and personal estate, and also arrests imposed such property by courts, investigating bodies and registration of removal of such prohibitions and arrests (appendix 6), and also other books and magazines, are provided by the standard nomenclature and are conducted according to the forms established by these Rules.
5.4.3. Registers for registration of prohibitions of alienation of real and personal estate, and also arrests imposed such property by courts, investigating bodies and registration of removal of such prohibitions and arrests, the books and magazines provided by the standard nomenclature shall be stitched, the number of sheets is numbered and fastened by the sign and seal of the manager of office, archive, the private notary.
5.4.4. Registers, books, magazines are filled in by hand with the handle of black, blue or violet color, accurately and clear, legible handwriting, without omissions and leaving of empty seats between records. Entry in registers, books and magazines pencil is not allowed.
5.4.5. On the document which is issued by the notary or in the certifying text number at which notarial action is registered in the register for registration of notarial actions is specified. Date of entry in the register shall correspond to date of making of notarial action and date of creation of the document.
5.4.6. Execution of the document includes its signing.
The notary seals the signature on the document. The impress of a seal is put down so that it covered part of the name of position of person which signed the document.
5.4.7. It is sealed on the document processed in connection with making of the notarial action provided by the current legislation and also on requests about claiming of documents on provision of the data necessary for making of notarial actions, certificates of return of payments (the state fee, payments in the pension fund, etc.) and other documents on which putting down of impress of a seal is obligatory.
5.4.8. Texts of notarially certified legal actions, the certified copies (photocopies) of documents and statements from them, texts of transfers and statements shall be written clear and accurately, the dates concerning content of the certified legal actions shall be designated at least once by words, and names of legal entities - without reducings with indication of their location and identification code according to the Unified state register of the companies and organizations of Ukraine. In necessary cases account numbers of legal entities in banks (credit institutes) are specified.
5.4.9. Surnames, names, middle names of physical persons, their residence, and in cases, stipulated by the legislation, date and the place of their birth, place of employment, except authorized representatives of legal entities, shall be written completely with indication of identification number according to the State register of physical persons - taxpayers and other obligatory payments.
5.4.10. In case of the certificate of legal actions with the assistance of foreign citizens also their nationality, the address of the permanent place of residence outside Ukraine are specified, and in case of the certificate of legal actions with the assistance of foreign legal entities - the location and the state where the legal entity is registered.
5.4.11. On notarially processed documents not filled until the end of line and other empty seats procherkivatsya, except for the documents intended for action abroad in which crossed out sections are not allowed.
5.4.12. Dopiski or corrections can be made only during making of notarial action.
Dopiski or the corrections made in the text of the transaction shall be stipulated by the notary before the signature of the parties of the transaction and other persons which signed the transaction (the agreement, the will, the power of attorney and so forth) signed by persons making notarial action with indication of date of introduction дописок or corrections both are fastened by the sign and seal of the notary and repeated by the notary at the end of the certifying text.
5.4.13. The corrections made in the text of notarially processed document which does not require the signature of person who addressed for making of notarial action (the certificate granted by the notary, the copy of the document, the duplicate, etc.) are prevented by the notary only at the end of the certifying text with putting down of the signature of the notary and seal on such prevention.
5.4.14. All corrections shall be made so that everything mistakenly written, and then crossed out it was possible to read.
5.4.15. In case of the authentication of the signature on documents of dopiska and correction, repeated by the notary at the end of the certifying text, can be made only person who addressed for making of notarial action, with indication of date and putting down of the personal signature under dopiska or corrections.
5.5. When making notarial actions notaries apply the certifying texts, grant certificates and make executive texts, acts of ship's protests and protests of bills of exchange in the forms established by these Rules (appendix 7).
5.5.1. The certifying texts, the certificates granted by the notary, executive texts, acts of ship's protests and protests of bills of exchange are signed by the notary and sealed him.
5.5.2. Texts of agreements, wills, powers of attorney, certificates, acts of ship's protests and protests of bills of exchange, transfers in case of certification by the notary of fidelity of transfer of the document from one language on another, statements on which the notary authenticity of the signature makes sure except for of those copies which remain in cases of the notary, and also duplicates of notarial documents, are stated on special forms of notarial documents.
The text of notarially processed document and the certifying text can be stated both on front, and on reverse side of the special form of the notarial document.
If the certifying text is stated on the back of the processed document, then on the face of the last page of the document part of the name of the city (the settlement, the area) where there is office of notary public in which the notary public works, or workplace of the private notary is specified, and other part of the name is transferred to its reverse side.
For example: "Before" and further on the back of the document - "not Central Committee".
5.5.3. The certifying text shall be written clear, accurately, without erasures. Dopiski and other corrections shall be prevented by the signature and are under seal the notary.
5.5.4. If the certifying text is not located on notarially processed document, it shall be prolonged on the special form of the notarial document attached to the document.
In this case sheets on which the text of the document is stated and leaf with continuation of the certifying text are stitched by strong string of white or red color, sheets shall be numbered, ratified the notary and his seal.
5.5.5. For application of the certifying texts mastic stamps with the text of the corresponding text can be used.
Mastic stamps with the words "photocopy", "copy", "copy from the copy", "duplicate which is valid the original", "according to the original", etc. can be also applied to execution of notarial documents.
5.5.6. In case of absence in appendix of 7 necessary certifying texts or certificates which would correspond to the made notarial action the notary can apply that from forms most of which of all corresponds to this notarial action, using separate elements of other certifying texts and certificates.
5.6. Creation, registration and accomplishment by office, the private notary of documents in connection with provision of legal assistance are performed according to requirements of the current legislation.
5.7. The documents stated on two and more sheets which are represented for making of notarial action shall be stitched by the method excluding possibility of their separation without integrity violation.
5.7.1. The number of the stitched sheets is fastened with the sign and seal of person which issued the document with indication of position.
On the stitched (strung together) document the text is performed: "All it is stitched (or it is strung together), numbered and under seal _____ sheets".
5.7.2. Dopiski and the corrections which are available in documents which are submitted for notarial certification shall be prevented by the signature official (the representative on that) faces and seal of the legal entity or physical person who issued the document.
At the same time corrections shall be made so that it was possible to read both corrected, and mistakenly written, and then corrected or eliminated.
5.8. Documents which do not conform to requirements of the legislation are not accepted for notarial certification or contain data which degrade honor, advantage and goodwill physical or goodwill of the legal entity.
5.8.1. Documents which have erasures or dopisk, the crossed-out words or other not prevented corrections, documents which text is excluded to be read owing to damage, and also which are written by pencil are not accepted for notarial certification.
5.8.2. Documents in which it is impossible to read everything in them written in primary writing as are not accepted for notarial certification, for example, the documents which are filled in with ink, water are rubbed, etc.
5.8.3. The torn documents and documents stated on two and more sheets are not accepted if sheets are not stitched, are not numbered and the number of the stitched sheets is not ratified official (authorized on that) persons and seal of the legal entity or physical person which issued the document.
5.9. All in-house, organizational and administrative documents and documents on administrative questions of office, archive are signed by the manager or person fulfilling its duties with indication of position, surname, initials.
5.10. All in-house, organizational and administrative documents and documents on administrative questions of activities of the private notary are signed by him personally with indication of surname, initials.
6.1. Document registration (correspondence) is fixing of the fact of creation or receipt in office, archive, to the private notary of the document (correspondence) by putting down on it registration room with simultaneous record of necessary data on the document in the relevant magazines, books, registers.
6.1.1. All entering, outgoing, major internal documents (orders, protocols, reports, statements of workers) and the documents which arrived to office, archive, the private notary are subject to registration.
Operational documents according to the approximate list given in appendix 8 are not subject to registration.
6.1.2. The incoming documents which arrived to office, archive, the private notary are accepted by person responsible for general clerical work, and are registered in day of receipt.
Internal (orders, reports, statements of workers, etc.) and outgoing documents are registered in day of their signing.
6.1.3. In case of receipt of correspondence correctness of delivery to the address on envelope is checked, all envelopes, except for those which have text "personally" are opened, and availability of documents and appendices to them is checked.
6.1.4. Incorrectly drawn up (the unsigned document which is not certified, etc.), correspondence damaged or directed at the wrong door returns to the sender or is sent on accessory.
6.1.5. In case of damage of correspondence (envelope) and impossibility of its use or absence to document envelope, or appendices to it the statement is drawn up (appendix 9) in duplicate which one copy with the damaged correspondence is sent to the sender, and the second - remains in office, archive, at the private notary.
6.1.6. All envelopes are, as a rule, destroyed, except cases when they are necessary for establishment of the address of the sender, departure time and receipt of correspondence.
6.2. Document registration is performed in:
magazine of registration of incoming documents (appendix 10);
magazine of registration of outgoing documents (appendix 11);
to the book of registration of orders (appendix 12).
6.3. In the magazine of registration of incoming documents statements for issue of the certificate to the testamentary executor, statements of the testamentary executor for refusal of implementation of the powers, statements of the second of spouses for issue of the certificate on the property right to share in joint property of spouses in case of the death of one of spouses, statements for taking measures for protection of heritable property, the claim of creditors, messages on imposing of prohibition of alienation of real estate, the message of court and investigating bodies on seizure and others are subject to registration of a statement about inheritance acceptance, issue of the certificate on the right to inheritance, about refusal of inheritance, the statement for withdrawal of the statement for inheritance acceptance or about refusal of inheritance, the statement for issue of the certificate on the right to inheritance, statements of the heir on receipt of part of contribution of the testator in bank (financial institution), if they arrived by mail.
Further registration of such documents is performed in accordance with the established procedure.
6.4. Registration of incoming documents of the statement of parents for consent provision to the minor child on property acquisition, the statement of one of spouses for consent to alienation (acquisition) of property, the statement from the co-owner for refusal of the prevailing right of purchase of share in the right of joint partial property, the statement for cancellation of the will or the power of attorney, etc. are subject to logging.
6.5. The statement from persons who have no husband or the wife (unmarried/unmarried/, the widow/widower), are stated on notarially processed document which copy remains in cases of the notary, and are not subject to logging of incoming documents. If the text of the statement is not located on notarially processed document, it shall be prolonged or stated on the single sheet sewn to notarially processed document.
6.6. On incoming documents in the right bottom corner of the first page the registration stamp is put down (appendix 13).
In stamp the name of office, archive or surname, initials of the private notary, receipt date of the document and its registration index are specified (sequence number according to the register and file number (job specification) according to the nomenclature of cases).
6.7. The outgoing document it is dated, number which corresponds to sequence number according to the magazine of registration of outgoing documents and file number (job specification) in which the second copy of the outgoing document with the specified details will be stored.
6.8. The first copy of the outgoing document goes to addressees by mail or is transferred to couriers. In the latter case it is handed to the addressee on receipt in the delivery book for local correspondence (appendix 14).
6.9. On the executed documents the mark about accomplishment which is placed on the lower field of the first leaf or on the back of the first document sheet and includes the brief information on accomplishment (if there is no document testimonial of accomplishment), and also the words "In Case" and file number (job specification) in which the executed document shall be filed is put down.
7.1. The manager of office, archive, the private notary personally control accomplishment of the documents which arrived from the Ministry of Justice, justice department and shall provide the information on their accomplishment timely.
Can be delivered by the manager of office, archive, the private notary on control and other documents.
7.2. For the documents which are on control, the nomenclature of cases provides the special control folder.
7.3. By consideration of documents, addresses, etc. the manager of office, archive, the private notary shall observe the terms of accomplishment of such documents established by the current legislation.
8.1. The nomenclature of cases of office, the private notary is the systematized list of names of cases which are created in the course of activities of office, the private notary with indication of terms of their storage, constituted in the established form. The nomenclature of cases is intended for grouping of documents in cases, their systematization and accounting, indexation of cases and determination of terms of their storage.
8.2. The nomenclature of cases is constituted based on the Standard nomenclature of cases with single system of indexation of each case and specifying of terms of their storage and is the regulation.
8.2.1. The standard nomenclature establishes standard structure of the documents created in the course of activities of office and private notaries (appendix 15).
The standard nomenclature is constituted on the basis of studying of structure and contents of documents of offices of notary public, private notaries and is intended for provision of the practical and methodical help in maintaining notarial clerical work, stores organization of documents and forming of cases, and also in selection of documents by it to destruction.
8.2.2. Based on the Standard nomenclature the individual nomenclature of cases (further - the nomenclature) each office or the private notary is constituted (appendix 16).
8.2.3. In case of creation of the nomenclature it must be kept in mind the following:
the nomenclature of cases is constituted in duplicate annually for a period of one office work year, affirms the manager of office, the private notary and becomes effective since January 1.
The first copy of the nomenclature of office remains in the corresponding case (job specification) of office, and the second copy is transferred to the Public notarial Records Office.
The first copy of the nomenclature of the private notary remains in cases of the private notary, and the second - is told to storage to archive of the private notary.
8.2.4. The copy of the nomenclature of cases is the document of permanent storage.
8.2.5. Notaries who registered private notarial activities in the current year constitute the nomenclature since the beginning of notarial activities in this notarial district.
8.2.6. From the standard nomenclature of cases cases (job specifications), registers, books, magazines, etc. are transferred to the nomenclature of cases.
Inclusion in the nomenclature of those cases which are not provided by the standard nomenclature is not allowed.
8.2.7. In case of creation of the nomenclature storage durations of the cases provided by the standard nomenclature are transferred to the nomenclature and cannot be reduced.
8.2.8. The mark "yet requirement will not expire" means that documentation has long practical value. The term of its storage is determined by office or the private notary, but there cannot be less than one year.
If the mark "EPK" (expert survey board) is added to storage duration, it means that part of such documents can have scientific and historical value and after conducting examination of their value shall be included National Archive Fund of Ukraine.
8.2.9. In case of creation of the nomenclature of cases all marks specified in the column "Notes" of the nomenclature are considered.
The form of the nomenclature of cases of office or the private notary shall correspond to form of the standard nomenclature.
8.2.10. When filling columns of the nomenclature put offices or the private notary it is necessary to consider the following procedure.
Each case included in the nomenclature shall have symbol (the Arab figures) - index. The index of cases consists of index of activity and sequence number of case.
For example: 02-08, where 02 - the name of activity, 08 - file number according to procedure for numbering within the Section.
8.2.11. The title of case is provided in the second column. It shall reproduce document type and open its content.
The main part of the title is the statement of question on which case is opened. Titles in the nomenclature shall be short, accurate, extremely exact. In the title document types (agreements, certificates, correspondence), the period for which documents are created are specified.
8.2.12. All documents with signature stamp "For office use" are created in one case with the title "For office use".
8.2.13. Cases on questions which solution proceeds more than a year (transitional cases) are brought in the nomenclature of cases every year during all term of their decision.
8.2.14. The third column (the number of cases) is created with the termination of office work year when it is known what number of cases was formed last office work year. These data are subject to obligatory display in final record which is drawn up after the termination of office work year.
8.2.15. In the column of the fourth storage durations of each case are specified.
8.2.16. In the column of the fifth nomenclature marks about institution of cases, their transfer to archive, about transitional cases become.
8.2.17. At the end of the office work year the nomenclature is surely closed by final record in which the quantity and categories of the cases which are actually opened in year (appendix 17) are specified. Final record is fastened with the signature of the manager of office, the private notary and their seal.
The copy of the nomenclature put the private notary, the cases which are actually opened in the year closed by final record about quantity and categories, it is provided by the private notary in the relevant Public notarial Records Office in case of approval of cases by it permanent and long (over 10 years) storages.
8.3. Forming of cases provides grouping of the executed documents in cases (job specifications) according to the nomenclature of cases of office, archive, the private notary.
Forming of cases of office, archive performs person responsible for maintaining notarial clerical work.
Forming of cases of the private notary is performed by personally private notary or person responsible for maintaining notarial clerical work.
8.4. Cases are created in the following procedure:
8.4.1. In cases only originals of documents and (or) in the cases provided by the current legislation, the copies from such documents which are drawn up and certified in accordance with the established procedure which are necessary for making of notarial actions are located.
8.4.2. Cases join documents only of one office work year.
8.4.3. Group in cases at the same time documents permanent, long (more than 10 years) storages it is forbidden.
8.4.4. It is not allowed to file outstanding documents in cases.
8.4.5. Inclusion in cases of the documents which do not have relations to case, personal papers, documents which are subject to return, and also draft copies and drafts (working options) of documents is not allowed.
8.4.6. During forming of cases correctness of execution of the document, availability and compliance to requirements of the legislation of documents based on which notarial action, signatures, details of the document, seal, etc. was made are checked. In case of identification of shortcomings of registration documents return to the contractor for completion.
8.4.7. In case of lack of notarized or other document in office the statement which affirms the manager of office is drawn up.
8.4.8. In case of lack of notarized or other document at the private notary the reference which is signed personally by the notary and person responsible for record keeping is constituted (if there is such person).
8.4.9. After signing the act or the reference is filed to the corresponding case instead of the missing document.
8.5. Documents are systematized in chronological procedure from January to December (by dates of their receipt, accomplishment, signing, approval, the certificate, issue, etc.), and the document answer shall be placed after the document request.
8.6. Statements for inheritance acceptance; about refusal of inheritance; statements for withdrawal of the statement for inheritance acceptance or declarations of abandonment of inheritance; statements for issue of the certificate on the right to inheritance; statements for issue of the certificate on the property right to share in joint property of spouses in case of the death of one of spouses; the statement of the heir for receipt of part of contribution of the testator in bank (financial institution); claims of creditors, and also statements for taking measures for protection of heritable property on which these measures were taken; statements for opening of inheritance and conclusion of the contract for management of inheritance; statement of the testamentary executor for refusal of implementation of the powers; the statement of the legatee for refusal of testamentary otkazyvaniye are registered in the book of accounting and registration of heritable cases (appendix 18) and are created in heritable cases.
8.6.1. Each heritable case represents the separate job specification (case), has the internal description, is numbered, drawn up by the title page and stitched.
8.6.2. Number which consists of sequence number under which it is registered in the book of accounting and registration of heritable cases is assigned to heritable case, and year in which it is started is specified through fraction (hyphen).
8.6.3. When forming heritable cases after their completion on cover of case the index provided by the nomenclature of cases is put down.
8.6.4. All documents connected with execution of the succession law are filed in heritable case in chronological procedure.
If case is not completed by production in the current year, it passes for the next year at the same number and is not subject to re-registration. Inventories join only complete heritable cases.
8.7. Notarial documents (except for the documents connected with execution of the succession law) are filed in cases in such procedure: the first hems copy of notarially processed document which remains in cases of office, the private notary, behind it - documents based on which he is issued or assured.
8.8. Quarter plans and reports are stored in cases (job specifications) of that of year which they treat on the content, irrespective of time of their creation.
Protocols on cases are arranged chronologically according to numbers and grouped, as a rule, together with documents based on which the protocol prepared (the agenda, reports, drafts of decisions, other documents).
8.9. The documents made using computer aids (tables, calculations, vykopirovka, etc.) are grouped in cases in accordance with general practice.
8.10. Case (job specification) with documents shall not exceed 250 sheets (thickness of 30-40 mm). In case of bigger amount of documents put (job specification) divide into independent volumes.
8.11. For the purpose of fixing of procedure for arrangement of documents in case all its sheets, except sheets of the certifying text and the internal inventory, shall be numbered. Sheets of the internal list of documents of case are numbered separately. The certifying text put and blank sheets are not numbered.
8.11.1. Numbers on sheets are put down in the right upper corner by the Mechanical numerator or simple soft pencil, without touching the text. Use of ink, paste or colored pencils for numbering of sheets is forbidden.
8.11.2. Sheets of each volume of case (job specification) are numbered separately, starting with the first number.
8.11.3. The leaf of format, bigger than the A-4, format is filed for one party and numbered as one leaf in the right upper corner, and then folded on the A-4 format.
8.11.4. The envelopes filed in cases with investments are numbered by gross numbering of sheets of case, at the same time the envelope, and then each investment in envelope is numbered in the beginning.
8.11.5. If when numbering mistakes were made, then sheets are numbered again, at the same time old numbers are not erased, and crossed out by one slanting hyphen, and new number of leaf is put nearby. In these cases corrections are included in the internal schedule or inventories are constituted again.
8.11.6. In case of availability of separate mistakes in numbering of sheets of case application of warranty numbers of sheets is allowed (4-a, 9-b, etc.).
8.11.7. In case of familiarizing (withdrawal) of documents case is embroidered and after implementation of familiarizing (withdrawal) is repeatedly stitched after the document. The attached document is numbered by the same sequence number, as the last page of the document. At the same time the letter according to the existing Ukrainian alphabet is added to number of the page. Data on date of familiarizing (withdrawal) of the document are specified in the internal inventory in the column "Notes".
8.12. The internal inventory is constituted to all cases (job specifications) of the notarial documents provided by the nomenclature except documents of help, accounting nature and documents temporary (up to 10 years inclusive) storages.
8.12.1. The internal inventory (appendix 19) is constituted on the single sheet in form which contains data on sequence numbers of notarized documents of cases, surnames, names, middle names of persons concerning which notarial actions, document dates, their titles, numbers according to the register and numbers of sheets of case on which each document is located were made. In the corresponding internal inventory of case (job specification) also the number of missing documents and relevant acts (references) is specified.
8.12.2. To the internal inventory final record in which the number of the notarized documents included in the inventory, the number of sheets of case, and also the number of sheets of the internal inventory is given by figures and copy-book is constituted. The internal inventory is signed by the manager of office, archive or the private notary.
8.12.3. If case is bound in the job specification (volume), then the internal inventory is stitched at the beginning of the job specification (volume), and the certifying text of case is stitched at the end of the job specification (volume).
8.12.4. Changes in structure of case documents (inclusion of additional documents, their exception, replacement of originals with copies, etc.) are displayed in the column "Notes" with reference to the relevant substantiating vouchers (the agreement on agreement cancelation, determination of court, the resolution of investigating body, etc.).
8.13. For the purpose of accounting of number of sheets in case and fixing of features of their numbering at the end of each case on specially sewed blank sheet, and in books and magazines on reverse side of the last blank sheet the certifying text becomes (appendix 20). It is not allowed to finish gluing the certifying text.
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The document ceased to be valid according to the Order of the Ministry of Justice of Ukraine of December 22, 2010 No. 1318