Events on the East of Ukraine caused many problems, which were not forecasted by “architectures” of the conflict and which were put to shoulders of civilians. There are still many questions about work of notary publics on uncontrolled territory.
Escape from “Novorossiya”
As it was written earlier the Ministry of Justice blocked access to some registers for notary publics, registered on occupied territories.
At the same time certain registers were available on uncontrolled territory – Single Register of special forms of notarial documents and Single Register of warrants. The Ministry of Justice blocked access to those registers too.
According to our informed source notary publics with Ukrainian stamps started to leave territory of the “young republic” and try to find a job on the territory of “big” Ukraine.
“About 200 notary publics worked in Luhansk before the war. Last times this number didn’t exceed a few dozens. According to Ukrainian legislature those notary publics could only notarize requests and warrants”, — ex-Luhansk notary public Evgeniy Neznayko, who left occupied zone at the beginning of the conflict, told the Informator.lg.ua.
He said that about a half of notary publics, who stayed in Luhansk, continued to work according to Ukrainian laws, but some started to cooperate with separatists.
“The most urgent problems there are requests for transportation of children and warrants for selling of property. Price for those services on uncontrolled territory rose two times”, — our interlocutor told.
Evgeniy Neznayko supposes that work of notary publics on occupied territory is very contradictory and that was a right decision to close registers. He underlined that it was difficult even to get special notarial forms, because notary publics probably had to go themselves to Kiev to take those forms, transport them across checkpoints and keep safe. Such forms cost about 500,00 USD on black markets. Evgeniy also expressed his doubts about work of Ukrainian legislature in “LPR”, he recalled cases, when fighters with guns “influenced” notary publics and changed their decisions. Notary publics on occupied territory are unprotected in front of weapons and uncontrolled by the government.
How do people sell real estate on occupied territory?
According to applicable legislation a bargain, in particular purchase contract, can be concluded only in place, where this real estate is located, what is impossible to do in Luhansk or Alchevsk; or it can be done in place, where one of sides of the bargain is registered. Registration of IDP also allows him to conclude bargains in a place of his actual residency.
“As for temporary registration there is no 100 per cent confidence. But if we will try to understand people, who actually live here – selling of some real estate – is a chance for them to survive here”, — Evgeniy Neznayko supposes.
Regulation of the Cabinet of Ministers №595 provides for transfer of all state institutions from uncontrolled territory to settlements, liberated from fighters. But this regulation doesn’t apply to Technical Inventory Bureau, because it’s a public utility company. That is why Luhansk TIB keeps on working and registering rights for real estate.
“In some cases notary publics need a certificate from TIB, which will confirm ownership of this property. Notary public can accept such certificate from, for example, Luhansk TIB, because it was issued according to Ukrainian legislature and has Ukrainian stamp.”
Right of inheritance
Civil code of Ukraine, concerning the right on inheritance, was changed because of occupation of a part of Ukrainian territory.
“It was possible to execute inheritance in place, where the dead person was registered. New changes provides that in case if the dead person was registered on occupied territory, inheritance can be executed anywhere on the territory of Ukraine”, — Evgeniy Neznayko reports.
Evgeniy also added that sometimes there were not enough documents and notary publics had to address institutions on the territory of “LPR”:
“For example, if notary public needs a certificate from Housing-Operational Office, which is located on the territory of “LPR”, he can accept it only if it was issued according to Ukrainian legislature”.
There are no terrorists in Ukraine
Notary public has to implement primary financial monitoring according to the Law «On Prevention and Fighting Legalization (Laundering) of Illegal Incomes». But our expert said, that he visited a seminar for notary publics, where participants asked representative of the State Service of Financial Monitoring of Ukraine if there were terrorists in Ukraine, whose financial operations should have been revealed.
“The answer was – no, there are no terrorists in Ukraine. There should be a separate decision of the Court for each terrorist to block his bank accounts. What means that even Plotnitskiy or Zaharchenko can buy a house legally and register it via Ukrainian notary public”.
Impunity, which cause lawlessness
Present “Minister of Justice of the LPR” Aleksandr Shubin — ex-state notary public of the first Luhansk state notarial office, “Head of the CEC of the LPR” Sergey Kozyakov – present private notary public of the Luhansk City Notarial District – they have valid Ukrainian certificates of notary publics. It is not clear why the Ministry of Justice of Ukraine didn’t annul their certificates. And it is the most evident example, but there are a plenty of others.
So, at the end we can say that the so-called “notarial system of the LPR” is profanation. Source of the Informator.lg.ua reports that the “Ministry of Justice of the LPR” planned to adopt a Civil Code and the Law on Notarial System in October 2014. But there is still no legislative base in “LPR” and notarial system is more like bargaining.
“The Ministry of Justice of LPR” makes Ukrainian notary publics to submit reports about executed notarial actions, there types and quantity. And we can blame only the Ministry of Justice of Ukraine for such cooperation, because it doesn’t punish those people, who openly cooperate with terrorists. It should have annuled at least those certificates of notary publics, who work in the “Ministry of Justice of the LPR”, but no one has done nothing yet.
Aleksey Chernov forInformator.lg.ua