ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of October 4, 2013 No. 2104/5

About approval of Rules of professional ethics of notaries of Ukraine

According to articles 2-1, 5  of the Law of Ukraine "About notariate" I ORDER:

1. Approve Rules of professional ethics of notaries of Ukraine which are attached.

2. Declare invalid the order of the Ministry of Justice of Ukraine of March 14, 2013 No. 431/5 "About approval of Rules of professional ethics of notaries of Ukraine", No. 424/22956 registered in the Ministry of Justice of Ukraine on March 15, 2013.

3. To department of notariate and bankruptcy (Chigvintseva L. V.) provide submission of this order on state registration according to the Presidential decree of Ukraine of October 03, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

4. To department of notariate and bankruptcy (Chigvintseva L. V.), to chiefs of head departments of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, in areas, the cities of Kiev and Sevastopol to provide proper accomplishment of this order.

5. This order becomes effective from the date of its official publication.

6. To impose control over the implementation of this order on Department of notariate and bankruptcy (Chigvintsev L. V.).

 

 

Approved by the Order of the Ministry of Justice of Ukraine on October 4, 2013 No. 2104/5

Rules of professional ethics of notaries of Ukraine

I. General provisions

These rules are developed according to article 5 of the Law of Ukraine "About notariate" and determine the principles of professional ethics of the notary by which the notary shall be guided in the relations with state bodies, physical persons and legal entities, other notaries.

II. Task

Tasks of these Rules are:

providing trust of society and citizens to notaries;

ensuring efficiency of accomplishment of tasks and functions of bodies of notariate;

increase in the authority of notariate and reputation of notaries;

expansion of opportunities of influence of the public on quality of activities of notaries;

informing physical persons and legal entities on behavior which they have the right to expect from notaries.

III. Basic principles of professional activity of notaries

The professional behavior of notaries of Ukraine is based on the following basic principles:

1. Independence.

Specifics of the purposes and tasks of notariate demand proper implementation of notarial activities, the maximum independence of the notary, freedom from any influence or pressure and from illegal intervention in its activities.

For the purpose of respect for this principle in the professional activity the notary shall resist to any illegal attempts of infringement of its independence, to be courageous and basic performed by the professional obligations, upholding of professional privileges and their effective use for the benefit of participants of notarial process.

The notary not allow in the professional activity of compromises which negatively would affect its professional image, setting as the purpose receipts of the benefits from management, public authorities, the third parties or participants of notarial process if such compromises contradict requirements of the law and interfere with proper rendering legal assistance.

The notary shall not be guided by instructions of other persons concerning content, forms, methods, the sequence and time of implementation of the professional privileges and obligations if these instructions contradict the law and its professional idea of optimal variant of accomplishment of own professional actions.

2. Legality.

In the professional activity the notary shall adhere to the current legislation of Ukraine, promote approval and practical realization of the principles of supremacy of law and legality, to apply all the knowledge and professional skill to proper protection of the rights and legitimate interests of physical persons and legal entities.

The notary cannot give to physical persons and legal entities the advice which is consciously directed to making of offenses by them or is otherwise intentional promote their making.

The notary in the professional activity has no right to resort to the means and methods contradicting the current legislation or these rules.

3. Objectivity and impartiality.

The notary shall perform the professional activity according to the legislation and the taken oath and to be impartial when making notarial actions.

The notary shall make decisions and make actions without prejudice: not allow in case of execution of the obligations of provision of benefits or creations of conditions for provision of benefits to any persons, groups of persons on the basis of sex, races, national identity, language, origin, property and official capacity, the residence and the relation to religion, beliefs, belonging to public associations, professional accessory and on other signs, and also any legal entities if other is not provided by the current legislation of Ukraine.

The notary not allow possibilities of influence of private interests, interests of interested persons on accomplishment of the obligations by it.

4. Confidentiality.

Disclosure of the data which are notarial secret is forbidden under any circumstances, except the cases established by the Law of Ukraine "About notariate".

Respect for the principle of confidentiality is necessary and major premises of trusting relationships between the notary and physical persons and legal entities. Preserving confidentiality of any information obtained by the notary from physical persons and legal entities and also about them or other persons in the course of implementation of notarial activities, is the right of the notary in the relations with all persons of law who can require disclosure of such information, and obligation - concerning physical persons and legal entities and persons whom this information concerns.

Action of the principle of confidentiality is not limited in time.

Confidentiality of the certain information protected according to rules of this Item can be cancelled only by person interested in its observance (either heirs of such physical person or legal successors of the legal entity) in the written or other fixed form.

The notary shall provide understanding and respect for the principle of confidentiality and the mystery of notarial actions by the assistants (consultants of office of notary public) and technicians.

The notary shall provide such storage conditions of the documents which are at its disposal and containing confidential information, excluding access to them for strangers except cases, stipulated by the legislation.

5. Conscientiousness.

Considering the public importance and complexity of professional obligations of the notary, from him the high professional training level, profound knowledge of fundamental and special provisions of the current legislation, ability to put them into practice, studying of tactics, methods and procedural acceptances of notarial activities is required.

The notary shall give legal assistance to physical persons and legal entities competently and honesty that assumes knowledge of the relevant standards of the right, availability of necessary experience of their application.

The notary shall work constantly on enhancement of the knowledge and professional skill, have information, sufficient for making of notarial actions, on changes in the current legislation.

The notary shall provide the necessary level of competence of the assistants (consultants of office of notary public), technicians and other persons involved for accomplishment of separate works by permanent increase in their skill level.

6. Honesty.

In the professional activity the notary shall be fair and decent; not resort to deception, threats, blackmail, bribery, use of difficult material or personal circumstances of other persons or other illegal means for achievement of the professional or personal purposes; respect the rights, freedoms, legitimate interests, honor, advantage, reputation and feelings of persons with which he communicates when implementing notarial activities.

7. Respect for profession.

The notary shall approve by all the activities and behavior respect for notarial profession, its essence and appointment, to promote preserving and increase in its prestige.

It is necessary to adhere to this principle in all fields of activity of the notary: professional, public, public, etc.

The notary shall not make the actions directed to restriction of the right of person who addressed for making of notarial action, professional privileges of the notary, independence of notarial profession, undermining its prestige.

8. Culture of behavior.

Caring for prestige of the profession, the notary shall provide the high level of culture of behavior, behave adequately, frostily, tactfully, to keep self-checking and endurance, to have decent appearance.

IV. Fair professional behavior

1. The notary shall carry out the obligations according to the taken oath and always protect purity of high rank of the notary.

2. The activities and behavior the notary shall promote increase in positive public opinion about profession of the notary, participate in development of legal relations in society and provide legality in the civil relations.

V. Moral and ethical obligations of the notary

1. The notary shall adhere to the following moral and ethical obligations:

protect interests of the person, society and state, to observe requirements of the law;

promote approval in the society of belief in the law and justice;

not make in private interests or for the benefit of other persons of actions who could call into question impartiality and independence of notarial activities, to compromise the notary in public opinion, to do harm to the authority of profession of the notary;

treat colleagues by legal profession in the spirit of respect and benevolent cooperation;

support favorable moral and psychological climate in notary office and in notarial communities in general, avoid manifestations of addictions and features of behavior which can offend human dignity and be perceived negatively by society;

it is permanent to increase the professional level, technical competence, to study the current legislation and notarial practice;

keep professional secrecy;

bear the complete personal and property liability for observance of requirements of the legislation;

provide high criteria and requirements of culture of communication in the activities, in any situation to aim to keep endurance and personal advantage.

2. The notary in case of execution of professional obligations shall not allow:

violations without valid excuse the set working hours of notary office, requirements to the room and hardware of notary office;

unreasonable refusal in departure to persons who addressed for making of notarial actions in cases, stipulated by the legislation;

absences from work in notary office without valid excuse;

transfers of function on making of notarial actions to the staff of notary office; transfers of function on accomplishment of technical works, preparation of draft documents, production of originals and copies, reproduction of documents to other persons, except the staff of notary office;

implementation of acceptance of drunk visitors, smoking during acceptance without the consent of visitors or other manifestations of negligence to persons with whom the notary should interact in the course of the professional activity.

3. The notary shall eliminate effects of violation of rules of fair behavior by him, including take measures for recovery of public trust.

VI. The actions undermining professional advantage of the notary

Actions which undermine professional advantage are recognized:

importunate and numerous imposing of the professional services;

provision of legal aid by fraudulent or other illegal actions;

making or participation in making of illegal actions;

use for the personal purposes of the money, securities accepted on storage or withdrawn when taking measures to protection of heritable property of the died citizens;

agreements or arrangements with others, than the practicing notary, persons about distribution or transfer of the means received for making of notarial actions;

alcoholism and drug addiction;

immoral actions concerning the colleagues and representatives of other legal professions.

VII. Conflict of interest

1. The notary has no right to use the official standing for unseemly receipt of personal benefit or personal and pecuniary benefit for the family.

2. The notary shall prevent emergence of conflict of interest, and in case of the conflict - to take measures for its settlement.

VIII. The relations of the notary with persons, addressed him

1. The notary shall respect the right of person concerning which or at the request of which notarial action is made, to get acquainted with all necessary documents submitted for its making.

2. The notary shall:

it is permanent to increase the level of the competence;

to be effective honesty and fairly as the impartial adviser, to abstain from intervention in own professional activity of persons on the questions which are going beyond its profession and are not connected with nature of their address;

recognize human right to consult concerning making of notarial actions at other notary or other competent person;

abstain from accomplishment of the obligations under conditions or circumstances which can threaten quality of its services;

establish confidential relations with the client, show patience, politeness and tactfulness in the relations with those with whom he interacts within professional and personal circle of contacts, without allowing disrespect for people and for their legal to interests, and also to observe the standard of speech, behavior, appearance;

not give in to pressure of the third parties, influence of political environment, to strictly observe requirements of the legislation and legitimate interests of persons who addressed it;

carry out professional obligations taking into account personal approach to the client;

be respectful to moral values and personal beliefs of persons who address it, considering legitimate interests of the client;

not mislead concerning obligation of the notarial certificate of actions which do not require it;

provide to person who addressed it, the explanations necessary for the correct understanding and assessment of the notarial action made by it;

inform the client on the nature of actions which will be made, on possible consequence in law, and also on the features inherent in committed notarial action, and on amount of actions which carrying out is necessary;

inform the client on the size of rate (payment) for making of notarial action.

3. The notary is forbidden to distribute funds received by him for committed notarial actions between persons, with participation or concerning which notarial actions were made, or any other persons which are not with the notary in employment relationships.

4. With reference to the current legislation the notary shall explain to person who addressed for making of notarial action, the basis and procedure for charge of the state fee (payment) for notarial action which is made.

IX. Relations of the notary with other notaries and notarial community

1. The notary shall:

build the relations with colleagues by profession on the principles of respect, trust and professional interaction, to show correctness and goodwill;

be tactful in relation to colleagues, informing them on questions which can help with their work, and also about potential professional difficulties and about other problems requiring professional solidarity;

quickly and authentically to respond to the requests and addresses of the colleagues concerning notarial activities;

give help and pass on working experience to young colleagues within corporate and professional solidarity, care of prestige of profession and the authority of all notarial community;

take all available measures for observance by the staff of notary office of requirements of the legislation and moral ethical principles.

2. The notary in the relations with colleagues and notarial community has no right:

characterizing the qualification, to degrade professional advantage and authority of the colleagues;

conduct unfair competition;

monopolize the respective sphere of notarial activities or work with persons, interfering with work of other notaries;

be engaged in individual advertizing, including through mass media, advertizes itself and the activities by references to the sources which do not have a direct bearing on notarial activities (is not advertizing of specifying on the location and working hours of notary office);

attract persons who addressed to notary office, by decrease in the established rates, and also unfair promises concerning the mode and operating procedure of notary office.

X. Behavior of the notary in off-duty time

The notary as person allocated with trust and responsibility to the state and society shall:

respect the rules of ethics and morals;

abstain from any activities capable to influence negatively implementation of professional obligations of the notary or raise doubts in its independence and objectivity, and also to interfere with involvement of family members to these activities;

abstain from making of actions which can do much harm professional activity of the notary or undermine confidence and prestige of profession in society;

interfere with influence on the notary in connection with accomplishment of the professional obligations by it and to instantly inform on it competent law enforcement agencies.

X. Behavior of the notary in off-duty time

The notary as person allocated with trust and responsibility to the state and society shall:

respect the rules of ethics and morals;

abstain from any activities capable to influence negatively implementation of professional obligations of the notary or raise doubts in its independence and objectivity, and also to interfere with involvement of family members to these activities;

abstain from making of actions which can damage professional activity of the notary or undermine confidence and prestige of profession in society;

interfere influences on the notary in connection with accomplishment of the professional obligations by it and to instantly inform on it competent law enforcement agencies.

XI. Advertizing and information on notarial activities

1. Advertizing on professional activity of the notary can be presented in the form of the business card in which surname, the name and middle name of the notary, the address of notary office, phone numbers, the fax and the e-mail address are entered.

2. Except specified, the notary the following information can be provided:

information about in what educational institutions the notary studied, about received by it education where he improved skills;

about academic and other statuses of the notary, awards, scientific works, other academic merits and professional achievements of the notary, its membership in the unions, associations of notaries, participation in work of their bodies;

data on duration of length of service notary;

data on foreign languages which are known by the notary.

3. Information concerning estimative characteristics of the notary, withdrawals of other persons about work of the notary, comparisons with other notaries and their critics cannot be provided.

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