The prospects and types of the future Fund/Committee collaboration were discussed during the meeting. The Parties noted that involvement of German experts in the Committee´s legislative work in the field of reforming the Advocacy and Notariate will contribute to furthering European values in Ukraine, and accelerate the adaptation of Ukrainian Legislation to the principles and rules of the European Union legislation.
Stefan Hulshorster explained the operation of the Fund, noting that it works together with 30 countries. He emphasized the significance of engaging the German experts at the stage of preliminary drafting of Bills, and advocated ‘flexible co-operation taking onboard the wishes of the Ukrainian party´.
S. Mishchenko drew attention to the fact that six Bills on the Notariate are presently under deliberation in the Committee, three of which are revisions of previous versions. He said that the urgency of adoption of a revised version of the Law is dictated by the requirements of The Constitution of Ukraine, whose provisions are not taken into account in the current Law. Also there is the pressing need to resolve a wide range of theoretical and practical issues behind the organisation and operation of the Notariate in Ukraine, based on International experiences, changes in the National legislation, and the creation of a legal and organizational framework for Ukraine´s accession to the International Notariate Union.
The Chairman of the Committee highlighted the need ‘to fix, at a legislative level, the status of the Notary as a Public Official and a Professional in the field of Law, and to put into place a new and transparent procedure for training experts in the Notary profession, and their admittance to said activities, in line with Articles 43 and 92 of The Constitution of Ukraine, enabling Ukrainian citizens to realize this right in practice, irrespective of their property status´.
S. Mishchenko named the primary tasks of this Law being ‘the prevention of ‘monopolization of Notary activities, and rolling out of other negative trends infringing the Notary´s principles of autonomy and impartiality, his/her organizational and economic independence, and the principle of the Supremacy of Law.´ He noted that the Committee intends to hold a Hearing on this matter in March.
The Parties touched on the importance to Ukraine of taking as an example the German experiences of setting up and operating of the Criminal Justice System.