What is notarial activity? The law of Ukraine on notaries will be discussed in this article.
The concept of notary
Ukrainian notary is an extensive system that includes certain bodies and various officials. The notarial system has certain responsibilities - the so-called notarial acts.
Private or public notaries are required to specially prepare documents that will subsequently have equal legal force. It is also worth noting that in many Ukrainian settlements there are simply no notary offices. The law on notaries in this case provides for the assignment of certain functions to some officials from the executive branch, or from the Council of People's Deputies.
Ukrainian notaries can operate outside the territory of the Ukrainian state, but only on the territory of consulates or diplomatic missions.
Rights and obligations of a notary
A notary is a special official representing, in fact, the entire notary department. The Law on Notaries (Law of Ukraine No. 3425-XII) identifies certain duties and rights of notarial specialists. 
Here are the rights worth highlighting here:
- the right to demand from all kinds of enterprises, organizations and institutions all the necessary certificates and documents necessary for notarial activities;
- the right to receive payment for the provision of legal services;
- the right to draft statements and transactions, copies of documents and extracts.
It is necessary to identify the main responsibilities of notaries. Here, in particular, it is worth noting:
- the need to qualitatively carry out their labor activities;
- the obligation to provide all possible assistance to citizens and organizations in the implementation of legal rights and interests;
- the need to keep secret information obtained by notarial acts;
- the need for careful attitude to notarial documents and certificates;
- The obligation to timely confirm or improve their qualifications.
About notarial secrecy
The law on notaries enshrines the concept of so-called "notarial secrets." What it is? Ukrainian legislation considers the presented concept as a specific set of information obtained during the performance by notaries of their official duties. This may include all sorts of data about a person, about property, about rights or obligations, etc.
Article 1 of the Ukrainian law on notaries establishes the need to maintain secrecy qualitatively. In the event of its violation, certain officials may be held criminally liable. It is also worth noting that the obligation to preserve notarial secrets also lies with persons who in any way have learned about this secret.
At the same time, the point of the draft law under consideration that states the need to disclose notarial secrets by a state body is especially important. True, this is necessary only in certain cases: for example, when a secret contains information about criminal or illegal acts.
State Notary Offices
Ukrainian law on notaries regulates the creation and liquidation of various notary companies by the Ministry of Justice in Ukraine, the main justice department in the cities of Crimea,as well as justice departments in cities of federal significance: Sevastopol and Kiev.
Any notary is a legal entity. This body is headed by a special manager with a qualification certificate. The appointment to the post of the main, notary public, as well as its head is made by the Main Department of Justice.
All notarial works on the territory of the Ukrainian state must be paid by the authorities. Article 19 of the bill in question prescribes that it is necessary to establish a certain state duty for notaries in a timely manner. Article 20 speaks about the maintenance of a notary public at the expense of the state budget.
Notary authority
The Ukrainian law on notaries enshrines the provision that state notaries are authorized to perform certain functions and duties. In particular, it is worth highlighting the following points:
- certification of transactions, wills, instructions, contracts, etc.
- the application of measures to protect inherited property;
- issuance of certificates of inheritance law;
- issuance of contracts and certificates of ownership of spouses;
- registration of housing purchase agreements;
- prohibition of the sale, transfer or alienation of types of property - movable or immovable;
- execution and issuance of documents on the fidelity of the translation of any official papers;
- certificate that this or that citizen is alive;
- storage of documentation and some other powers.
It is also worth noting that the law of Ukraine on notaries can be assigned other functions or responsibilities.
Place and date of notarial acts
What does the law of Ukraine on notaries say about the places and dates of all necessary notarial acts? The legislation regulates that notaries can perform all their functions only within the notary's offices, in archives, local authorities or in specially equipped premises.
And what about the timing? Specialists can start notarial actions only after making the appropriate fee - it enshrines the law on notaries. All laws of Ukraine, one way or another affecting the topic of notarial activity, report the maximum term of work. It is one month. It should also be noted that the implementation of their labor activities by notaries can be postponed in time if some documents need to be sent for a special examination.
In the event that the notary commits obvious violations in their work, citizens of Ukraine are able to file a corresponding complaint with the courts.
About refusal to perform notarial acts
Another draft law on notaries contained the main provisions, according to which notaries can refuse citizens to carry out their functions. The present law specified and formalized such provisions.
What exactly can be distinguished here:
- the commission of actions that a citizen asks to carry out with the help of a notary contradicts the current Ukrainian legislation;
- all documents and certificates required for notarial acts are not provided;
- notarial work must be performed by another notary;
- the notary sees doubts in the actions of a citizen: he does not fully understand the importance of his actions or acts under violent influence;
- an incompetent person is contacting a notary;
- an individual or legal entity applying to the notary does not pay a fee for the commission of certain actions;
- a legal entity, by submitting a request for the commission of certain notarial acts, clearly contradicts its principles of activity or the charter.
Thus, a rather large number of rules and conditions are enshrined in the law of Ukraine on notaries.Comments on these or other conditions can be found in special manuals or on the Internet.
Transaction certificate
The fifth chapter of the bill on notaries underlines the main provisions on competent certification of transactions. Thus, article 54 stipulates that notaries must act in accordance with the mandatory notarial form. What is she like? This is a specially fixed norm, according to which all notaries must act. Deviation from this norm will entail the incorrect execution of documents, and, therefore, the recognition of the transaction as invalid.
What transactions should all notary departments make? The bill regulates the following points:
- collateral or property transfer transactions;
- wills;
- agreements, as well as documents on the termination of the agreements and some other papers subject to certification.
If we talk about making amendments to the law of Ukraine on notaries, then the procedure for processing, the total number of transactions, as well as the rules will be constantly changing.
Foreign legislation in Ukrainian notaries
The law of Ukraine on notaries establishes the possibility of applying foreign law or international treaties. All this is possible only in the absence of contradictions with Ukrainian legislation. What specific cases of the application of foreign law can be distinguished here?
Here is what the fourth section of the bill under consideration regulates:
- transfer of Ukrainian property to a foreign citizen, and vice versa;
- adoption and execution of foreign documentation;
- exchange of experience of Ukrainian notary companies with foreign justice authorities;
- a set of evidence necessary for conducting business provided by foreign states;
- priority of international treaties over Ukrainian legislation.