Since Ukraine lost control over the part of Donetsk and Luhansk regions, residents of those regions have faced many problems. One of them – are notarial procedures of real estate sale, right of succession, notarization of documents on uncontrolled territory…
Private notary public and access to registers
In autumn 2014 a number of Ukrainian media dismissed information that all state registers were blocked on the uncontrolled territory with a purpose to protect rights and legal interests of natural and legal persons because of situation in Donetsk and Luhansk regions.
Later officials of the Ministry specified that several registers were accessible on uncontrolled territory – Single register of special forms of notarial documents and Single register of warrants.
Thus, private notary publics, which stayed on uncontrolled territory, can still notarize different documents: signs on bank cards, copies, warrants, signs on statutes of organizations, etc.
One Luhansk notary public told us that such work on the territory of “republics” is possible, but it cause inevitable violations of the law:
“The point is that Luhansk notary publics have to interact with legal field of the “LPR”, if we can call it that way. Private notary publics with Ukrainian license notarize documents, issued by “LPR” bodies, with “LPR” stamps, etc. Moreover, we have to interact with “The Ministry of Justice of the LPR”. Personally I received a letter via the e-mail from the so-called “Ministry of Justice”, where they asked me to tell how many warrants for pensions I’ve notarized. – According to Ukrainian Law disclosure of information about notarial procedures to third sides is illegal”.
Our interlocutor wants to ask the Ministry of Justice of Ukraine whether its officials know about such violations, considering risks, caused by work of a number of registers on uncontrolled territory and whether they have a strategy to eliminate them.
State notary publics in Ukraine and “LPR”
On November 7, 2014, the Cabinet of Ministers of Ukraine adopted a regulation №595, which obliged all state institutions to leave the territory, uncontrolled by Ukraine authorities. This document had direct relation to state notary publics, which had to reregister on the territory, controlled by Ukraine.
State notary publics reregistered on the territory, controlled by Ukraine, and the process stopped on that stage.
Not even one notary public had started to work on the territory of Ukraine by March 30, 2015.
Tatiyana Filatova – acting Head of the General Territorial Administration of Justice in Luhansk region stated on a press-conference:
“Duties on implementation of notary service for population of Luhansk, Bryanka, Stahanov is entrusted to notarial offices on territories, controlled by Ukraine”.
All our sources confirm that state notary publics stopped working on the territory of Ukraine.
According to a Donetsk notary public a number of state offices work now on the territory of “DPR”. They didn’t reregister in Ukraine, but stayed on the uncontrolled territory. “They work with their own registers. Bargains, inheritance and other procedures”.
According to information from our source in Luhansk, state notary publics with all their property on the territory of “LPR”, as opposed to “DPR”, were actually “seized” by new authorities.
“Now, “LPR’s” notary publics with their own stamps work under signboards of state offices. They don’t implement the most part of notarial actions, referring to absence of printed forms. But we know that today they “notarize” inheritance”.
One acquaintance of mine addressed such office to notarize inheritance and was afraid that property, not registered in “LPR”, can be confiscated by the “authority”. He was informed that procedure will cost 400 UAH.
Notarial diarchy
Closed source reported to the Informator.lg.ua that notary publics on the territory of “DPR” will get “republican” printed forms and stamps soon:
“Initiative group on a meeting of notary publics demanded to imprison their colleagues, who work with Ukrainian stamp, suggested to confiscate stamps and printed forms, destroy and tear them right on the spot. According to demands of those people, citizens of Ukraine, who are on occupied territory, will lose the last possibility to realize their rights”, — he noted.
According to our data, state and private notary publics with stamps of “young republic” are working on the territory of “LPR” already.
Our expert supposes that this will lead to the situation, when there will be two parallel notary offices in Ukraine. And we can only guess what problems it may cause in future.
A number of experts suppose that the Ministry of Justice have to stop any notarial activities with Ukrainian stamps on uncontrolled territories, without exceptions to some documents and registers, to manage this situation.
But it means that residents of “LPR” and “DPR” will have to go to the territory of Ukraine to notarize any document, and not everyone has such possibility.
Considering this we would like to talk about sale of real estate on the uncontrolled territory.
Today those bargains are made within Ukrainian legal field.
Of course contracts of real estate sale are concluded on peaceful territory of Ukraine. Notary publics, who work on uncontrolled territory, can just draw up a warrant.
Realtors take warrants from buyers and go to the territory of Ukraine to register it.
Ukrainian Ministry of Justice didn’t develop a clear, safe and logical strategy of notarial activity on occupied territory even a year after beginning of armed conflict. “Officials” of young republics chose a strategy “the worse things are, the better it would be”.
Leadership of the “LPR” and “DPR” continue to complain about economical blockade from Ukrainian side. But still they don’t care about their citizens. They’ve created a parallel illegal notary office and cause a disorder into notary sphere.
Moreover, some people can think, that Ukrainian Ministry of Justice simply “close its eyes” to processes, which take place on one or another side of demarcation line, and let the situation to take its course.
We can only hope that sooner or later both sides of the demarcation line will get a common sense.
Aleksey Chernov for the Informator.lg.ua