Who is a Notary: A Complete Guide to Services and Powers

A notary is not just a person who stamps documents. They are a highly qualified lawyer authorized by the state to perform notarial acts that have legal force. Their primary mission is to protect the rights and legitimate interests of citizens and legal entities by certifying facts of legal significance. In Ukraine, the activities of notaries are regulated by the Law of Ukraine "On Notaries" and other regulatory legal acts. Understanding the role of a notary is critically important for those living in Ukraine, as well as for those planning to go abroad or, conversely, to come to Ukraine.

Main Functions and Powers of a Notary

Notaries perform a wide range of functions aimed at ensuring the legal purity and authenticity of documents. Their powers include:

• Certifying transactions (contracts of sale, donation, exchange of real estate, wills, powers of attorney).
• Taking measures to protect inherited property.
• Issuing certificates of inheritance rights and certificates of ownership of a share in the common property of spouses.
• Certifying the authenticity of document copies and extracts thereof.
• Certifying the authenticity of signatures on documents.
• Certifying the accuracy of document translations from one language to another.
• Registration of companies.
• Performing other notarial acts provided by law.

Each notarial act is thoroughly checked by the notary for compliance with legislation, which minimizes the risks of challenging documents in the future. This ensures the stability of civil circulation and the protection of the rights of all participants in legal relations.

Notarial Acts Related to International Relations

For Ukrainians planning to study, work, or reside permanently abroad, or for foreigners intending to conduct business in Ukraine, notary services are indispensable.

Document Translations and Notarization

There is often a need to translate official documents (birth certificates, marriage certificates, diplomas, powers of attorney) for submission to foreign institutions. A notary can certify the accuracy of a translation performed by a professional translator, or the authenticity of the translator's signature on the translation. This is a mandatory condition for the legalization of such documents.

Apostille

For the use of Ukrainian documents abroad in countries that are parties to the Hague Convention of 1961, an apostille must be affixed. This is a special stamp that confirms the authenticity of the signature of the person who signed the document, and the seal or stamp affixed to the document. In Ukraine, the apostille is affixed by the Ministry of Justice, the Ministry of Education and Science, or the Ministry of Foreign Affairs, depending on the type of document. A notary can assist with preparing documents for apostille, including certifying copies of documents that will then be apostilled.

Consular Legalization

For countries that are not parties to the Hague Convention, the procedure of consular legalization is used instead of an apostille. It is more complex and involves the sequential certification of the document at the Ministry of Justice, the Ministry of Foreign Affairs of Ukraine, and then at the consular section of the embassy of the country where the document will be used. The notary also plays a key role in the initial stages of this procedure, certifying copies or signatures.

These procedures are vital for ensuring the legal force of Ukrainian documents abroad and foreign documents in Ukraine.

How to Choose a Notary and Prepare for a Visit

Choosing a notary is a responsible step. It is recommended to pay attention to the following criteria:

• Experience and Specialization: Some notaries have more experience in certain areas (e.g., real estate, inheritance, international documents).
• Reputation: Reviews and recommendations can be helpful.
• Location: Convenience of the office location.
• Cost of Services: Notary fees are set by law, but prices for additional services (consultations, drafting documents) may vary.

Before visiting a notary:

• Clearly state the purpose of your visit: What specific notarial act do you want to perform?
• Clarify the list of necessary documents: Usually, this includes your passport, identification code, and original documents related to the case (e.g., certificate of ownership, marriage certificate).
• Make an appointment: This will help avoid queues and ensure enough time to discuss your case.
• Prepare questions: Don't hesitate to ask clarifying questions about the procedure, terms, and cost.

Legal Framework for Notary Activities in Ukraine

The activities of notaries in Ukraine are strictly regulated by law. The main regulatory legal act is the Law of Ukraine "On Notaries" dated 02.09.1993 № 3425-XII. This law defines the legal basis for the organization and activities of the notary system in Ukraine, its tasks, the powers of notaries, the procedure for performing notarial acts, as well as the rights and obligations of persons applying for notarial acts.

In addition to the Law "On Notaries", notaries are guided by:

• The Civil Code of Ukraine and the Family Code of Ukraine – when certifying transactions related to property and personal non-property relations.
• The Procedure for Performing Notarial Acts by Notaries of Ukraine, approved by the Ministry of Justice of Ukraine – which details the procedures for performing notarial acts.
• The Law of Ukraine "On International Private Law" – when working with documents that have a foreign element.
• Other laws and subordinate acts related to specific types of legal relations.

Knowledge and adherence to these norms are the key to the legality and legal force of all notarial documents.

A notary is a key figure in the legal system, ensuring the protection of citizens' rights and legitimate interests. Their services are indispensable both in everyday life and in resolving complex issues, especially those related to international relations. Consulting a qualified notary guarantees the legal purity and reliability of your documents, whether you are planning a transaction in Ukraine or need to legalize documents for use abroad.