Verkhovna Rada Committee for Legal Policy and Justice recommends Ukrainian Parliament adopt as a basis draft law on introduction of amendments into some legislative acts of Ukraine as to enabling citizens to receive notary services at village and town self-government bodies despite presence of notary officer
14 April 2015, 14:15
Members of the Committee noted that the draft law No. 1041 is aimed at raising comfort of living in rural areas via the enabling the citizens there to receive simpler and quite popular notary services (in particular, reception of certificates and warrants) at local self-government bodies in villages and towns despite presence of a notary officer.
Therefore, the draft Law envisions that notary services will be rendered by local self-government bodies in villages and towns despite the fact of presence of notary officers at respective settlements.
In words of the author of the draft law, the introduction of respective amendments into the Civil Code of Ukraine and the Law of Ukraine “On notary office” will “allow simplification of conditions of living in rural areas, save time and costs of residents of villages and towns needing the simplest notary services; enhance trust of citizens in the state and its bodies; facilitate problems of mass moves of the population from rural areas to towns and cities, etc.”
Members of the Committee also drew attention to the fact that draft law’s name does not correspond to provisions of Section 1, Article 3 of the Law of Ukraine “On notary office,” as notary officers do not provide services to citizens, but render notary activity and exercise notary actions.
In opinion of people's deputies, the provision of local officials with powers to render notary actions does not correspond to nature and major purposes of the service at the local self-government bodies.
Article 1 of the Law of Ukraine “On service at local self-government bodies” envisions that such service is professional permanent activity of Ukrainian citizens occupying positions at local self-government bodies aimed at exercising of right of local territory community to local self-government and standalone powers of executive bodies provided by Law.
Today, local self-government officials can execute only the exhaustive list of notary actions, and at condition of delegation of all authorities of notary officers to them, principles of activity and functioning of local self-government bodies will be violated, which would not guarantee respective level of professionalism and security during provision of notary actions for citizens.
At the same time, the delegation of authorities of notary actions to notary officers by the state is conditioned by legislative introduction of qualification conditions for them. Such conditions guarantee citizens the reception of quality professional legal assistance, competent estimation of legal facts during notary actions. Besides, a notary officer provides notary activity on professional basis on his/her behalf and bears personal responsibility for results of his/her notary action. Notary officer is an unbiased legal advisor of all persons that address him/her.
Members of the Committee noted that in compliance with Articles 21 and 27 of the Law of Ukraine “On notary office,” damage inflicted to a person as a result of illegal or unprofessional actions of a state notary officer is compensated in order envisioned by the Ukrainian legislation in full. Instead, the damage caused by local self-government bodies is compensated at the expense of funds of local budget, and as a result of illegal decisions, actions or inaction of local officials — at the expense of their own funds in order set by the Law.
In opinion of members of the Committee, a provision of the Law of Ukraine on exclusion of ability of local self-government bodies to provide notary actions only in absence of a local notary office contradicts state guarantees of notary activity as to protection of equal conditions of citizens’ access to notary services and equal opportunities of notary officers as to organization and provision of notary activity.
People's deputies also noted that such amendments are also required into the legislation regulating powers of local self-government bodies, in particular, the Law of Ukraine “On local governing in Ukraine.”
As a result of the discussion, the Committee decided to recommend that the Verkhovna Rada of Ukraine adopt the draft law as a basis taking in account the abovementioned remarks and proposals.