All kinds of consulting by all notarial questions, including those connected with real estate and property mortgage deals.
Before to get notary consulting, it would be useful to know why do we need a Notary.
The office of notary for centuries has been considered to be the most significant and traditional basis of legal system of any state.
Traditionally, notaries recorded matters of judicial importance as well as private transactions or events where an officially authenticated record or a document drawn up with professional skill or knowledge was required.
Specifically, the functions of notaries include the attestation of documents and certification of their due execution, administering of oaths, witnessing affidavits and statutory declarations, certification of copy documents, noting and protesting of bills of exchange.
The office of notary protects the rights and legitimate interests of citizens and juridical persons. The means of such protection are notarial acts done by notaries and provided by Law.
The notarial acts prevent jurisdictional disputes and bring legal relationships to peaceful and reliable settlement.
There is a variety of rights and actions apt to obligatory notarial certification. Though some cautious people apply to a notary even if notarization is not presupposed by law.
Whatever the case anyone appealing to a notarial protection must be convinced that a notarial act fortify rights, interests and protects from legal risk.
A notarial act is preferable as:
- a notarized document grants and protects Law on behalf of State;
- a notarial act is public and evincive; to dispute the facts stated in such a document is impossible considering its legal purity and effect;
- a notarial act is authentic and legitimate;
- a notary explain in detail rights and obligations of the parts, inform of the legal consequences of a deal;
- a private notary is responsible for trespass on account of illegal actions or carelessness and is obliged to insure a notarial activity, that is the guarantor of indemnification in corpore.
On the whole a private notary guarantees unprejudiced, competent and full legal aid, proper registration and legalization of rights, authenticity, evidence, legal purity of deals and professional guarantees (the main of which is complete property accountability of a private notary).
Thus, the rights and interests are protected and legal relationships become predictable.
A Notary in Ukraine
Nowadays the overwhelming majority of notarial acts are performed by private notaries.
According to the accepted in 1993 Law of Ukraine about notarial activity, notaries are divided into:
- State notaries, working in state notary’s offices and state notarial archives;
- Private notaries, having a private practice
With the advent of private notaries the classical model of the office of notary was regenerated on the territory of Ukraine. This model corresponds to the centuries-old universal tradition of Roman Empire type and based on such principles as independence, objectivity, self-financing, complete property accountability of a notary and prohibition on business competition.
About 90% of Ukrainian notaries are notaries, undergoing private practice.
Notaries can be united into regional, national and international societies and associations.
While performing notarial acts all the notaries have equal rights and responsibilities regardless of whether they work in a state office or have a private practice.
The documents notarized either by a state or a private notary has the same legal effect.
All the notaries act in compliance with: the laws of Ukraine, regulations of the Parliament of Ukraine, decisions and directions of the President of Ukraine and the Government, on the territory of Autonomous Republic Crimea with its legislation, orders of the Minister of Justice, statutory acts of regional, Kiev and Sevastopol city administrations.
All the notaries in accordance with established procedure and within their competence settle questions following from the norms of international law and concluded international agreements.