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Ukrainian notaries do not have the right to perform notarial acts abroad - Ministry of Justice of Ukraine

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Ukrainian notaries do not have the right to perform notarial acts abroad - Ministry of Justice of Ukraine

The Notary Chamber of Ukraine addressed the Ministry of Justice with an official letter. According to representatives of the Notary Chamber , Ukrainian notaries perform notarial acts abroad. In particular, there is information about similar cases in the UK and Spain. This was reported by the Judicial and Legal Newspaper .

The Chamber regards such actions of notaries as the creation of illegal schemes for registering civil legal relations. The Ministry of Justice stated that in the current situation, the department itself does not have the opportunity to confirm or refute such facts, as well as to establish the presence or absence of grounds for revoking the certificate of right to engage in notarial activities of specific notaries. Therefore, the justice authorities transferred the information received from the Notary Chamber to the Ukrainian Security Service.

At the same time, the Ministry of Justice emphasized that, according to the legislation of Ukraine, the workplace of a private notary must be located within the notarial district in which the private notary carries out notarial activities. Thus, performing notarial acts abroad is illegal.

The situation has become relevant against the backdrop of the mass exodus of Ukrainian citizens abroad. Avoiding mobilization, its citizens are afraid to cross the country's border. But at the same time, they often have a need to re-register property. The position of the Ministry of Justice of Ukraine indicates that such transactions may be considered illegal. If, of course, the authorities manage to prove that they were concluded abroad.

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About this article

Ekaterina Shahanova
Ekaterina Shahanova
Consultant
UkraineNotary servicesMass media
29 May 2024

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