UBA Urges Deputies to Prevent Emergence of a "Quasi-Notary" Service

2018-10-03

KYIV - October 03, 2018. The UBA urges deputies to reject a number of laws envisaged by the draft law No. 9140 as this bill does not address the issue of protecting the economic and hereditary rights of citizens.

UBA Open Letter states as follows:

The Ukrainian Bar Association, as the leading professional legal community, aimed at implementing the rule of law in state and social affairs, expresses its concern about the draft Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Creating Preconditions for the Protection of Economic and Heritage Rights of Citizens in Rural Areas" (Reg. No. 9140 dated 01.10.2018).

The project proposes to extend the range of subjects entitled to perform notary service  and carry out state registration of rights to property and business. To this end, the bill introduces an authorized person within the justice authority, who can be appointed or dismissed from the post by the chief territorial administration of justice in agreement with the Ministry of Justice.

As stated in the explanatory note to the draft law, the need for its adoption was due to the fact that citizens living in rural areas and other socially disadvantaged groups of the population are limited in their opportunities to fulfil their economic rights, including property rights, land lease, etc., because they are not able to pay for private notary services.

The Ukrainian Bar Association draws attention to the fact that in Ukraine the system of bodies and officials provided for by the legislation, entitled to perform notary services, has already been developed.

In particular, Article 1 of the Law of Ukraine "On Notary Service" stipulates that the commission of notarial acts in Ukraine falls within the competence not only on private but also  public notaries, who work in state notary offices.

 

In addition, in the rural areas notary services stipulated by Article 37 of the said Law can be performed by authorized officials of local self-government bodies.

Thus, at present, the question of the availability of the population to notarial services is solved and does not require the expansion of the range of subjects authorized to commit notary services. In addition, socially vulnerable groups of people, regardless of their place of residence (in the city or in the village), have a sufficient choice of where to apply for a notarial act: to the state notary or an authorized person of local self-government and to take advantage of their benefits.

In the event of adoption of the draft law No. 9140, the Ukrainian Bar Association sees a real threat of the establishment of a full-fledged "quasi-autonomy" in the state represented by authorized persons of justice bodies.

Instead of proper legal regulation, the adoption of this bill will lead to a negative legal effect with a significant number of legal risks.

In addition,  the empowerment of authorized persons of the justice authorities with the authority to perform registration actions bears additional risks of strengthening raider attacks. Instead of regulating the circle of entities that are empowered in the field of state registration, the bill proposes to supplement it with a new entity that does not have sufficient responsibility for the legality of the registration actions.

The Ukrainian Bar Association appeals to the Verkhovna Rada of Ukraine and, in particular, the Committee of the Verkhovna Rada of Ukraine on Economic Policy with a call to prevent the adoption of the draft Law "On Amendments to Certain Legislative Acts of Ukraine on Creating Preconditions for the Protection of Economic and Heritage Rights of Citizens in Rural Areas" (Reg. No. 9140 dated 01.10.2018) as failing to resolve the issue of protecting the economic and hereditary rights of the rural population.

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