Changes to the Procedure for making notarial actions by notaries of Ukraine
Attention! Changes to the Procedure for making notarial actions by notaries of Ukraine (hereinafter – the Procedure). The respective alterations appeared in the Order by the Ministry of Justice of Ukraine of 07.11.2022 № 4990/5.
What does it mean?
According to the Law of Ukraine “On Changes to some Regulative Acts of Ukraine on the Enhancement of Efficiency of Sanctions Associated with Specific Persons’ Assets”, the Ministry of Justice proposes to change the Procedure as follows:
- If an individual or legal entity seeks notary actions to dispose of the assets, notaries shall also verify the fact of any sanctions expressed as blocking assets applied to individuals and/or legal entities able to have a direct or indirect impact on the individual/legal entity applied for the notary action.
- Having discovered that sanctions stipulated by Article 4 of the Law “On Sanctions” have been applied to an individual or legal entity seeking notary actions (legal entities and/or individuals able to have a direct or indirect impact on the individual and/or legal entity applying for the notary action), the notary shall refuse to perform the said notary action according to Article 49 of the Law “On Notary”, if such notary action infringes the restrictions (prohibitions), imposed by the respective type of sanctions.
- Not later than on the next business day after the application of the said individual or legal entity, the notary must notify the respective territorial authority of the Ministry of Justice about the individual or legal entity under the sanctions, whom the notary had refused to provide notary services, indicating the details of the notary action required, kind of sanctions, and if the specific type of sanctions stipulates the blockage of assets – the asset, that was an object of the application.