Ivano-Frankivsk (0342) 78-42-76, (067) 968-96-78
  • 76018 Ukraine
    Ivano-Frankivsk

    11A/1 Harkusha street
  • Mo-Fr 9:00-18:00
    Sat: by appointment
    Sun: day off
  • (0342) 78-42-76
    (067) 968-96-78

FAQ

What document does the notary require to identify the person, applying for notarization? Why am I required to submit passport when applying to the notary? Is it legal?

Yes, it is legal, as the notary follows art. 43 of the Notaries Act of Ukraine. According to it, when notarizing, the notaries identify persons of civil relations participants that apply for notarization.

Identification of person shall be conducted via passport of the citizen of Ukraine or other documents, which make any doubts impossible concerning the citizen, who applied for notarization (passport of the citizen of Ukraine, passport of the citizen of Ukraine for travelling abroad, diplomatic or service passport, seafarer identity card, crew member certificate, permanent residence permit of a person, residing in Ukraine, internal passport of a foreigner or document, substituting, certificate of a disabled person or certificate of a participant in the Great Patriotic War, certificate, issued at place of employment of a person).


How can the lender obtain funds, having a notary certified Loan Agreement?

The notary is enabled to conduct executory endorsement about collection of funds without judicial procedure according to art. 87 of the Notaries Act of Ukraine and art. 26 of the Law of Ukraine “About ensuring the creditor’s claims and encumbrance records”. According to art. 88 of the Notaries Act of Ukraine, the notary conducts executory endorsements, if the submitted documents evidence indisputability of unpaid balance or other debtor liability against the creditor and in case if not more than three years passed since the day of right of claim, and not more than one year – in case of relations among enterprises, establishments and organizations.

 


Please, clarify if it is possible to notarize immovable property sales agreement with simultaneous conveyance to mortgage?

Yes, it is possible. According to Art. 18 of the Law of Ukraine “On mortgage”, if the mortgage covers loan, credit for purchase of immovable property, conveyed to mortgage, sales agreement of this immovable property and mortgage agreement may be concluded simultaneously. It shall be mentioned that according to art.  55 of the Notaries Act of Ukraine, the mortgage agreements, the subject of which is the real estate, belonging to the third parties and shall be ownership of the mortgagor after concluding this agreement, shall be certified before execution of the established under legislation document on the entitlement of the mortgagor for the property.


The following issue occurred in inheritance: Could one person make several wills for different persons and which will shall be considered as valid? Shall the previous will be cancelled when making one?

Yes, he/she could. The valid will is the one made the last one. According to p.2 of art. 1254 of the Civil Code of Ukraine, the testator has right to make a new will at any time. The will that was made later, cancels the previous one completely or in the part, where it contradicts it.

 


Husband purchased an apartment before marriage. has the wife right for a part of it after divorce?

According to part one of article 57 of the  Family Code of Ukraine, personal private property of wife (husband) is the following:

1) property, obtained by her (him) before marriage;

2) property, obtained by her (him) during the marriage, but on the basis of gift deed or as inheritance;

3) property, obtained by her (him) during the marriage, but for the funds, belonging to her (him) personally.

Taking into consideration the above mentioned, the property that is legal object of joint property of spouses. As the apartment, belonging to the husband, purchased by him before registration of marriage, belongs to him personally and shall not be admeasured.

However, according to article 62 of the Family Code of Ukraine, if property of wife (husband) during marriage significantly increased in its value due  to mutual labour or cash costs or expenses of the other of the spouses, in case of dispute, it may be recognized under the court decision as legal object of joint property of spouses.


Shall gift agreement of movable property be notarized (a natural person makes a gift to a legal entity)?

According to Art. 208 of the Civil Code of Ukraine, this agreement shall be executed in written form. However, if gift agreement of currency valuables for the sum exceeding fifty-fold tax-free minimum income of an individual, so such a deed shall be executed in written form and shall notarized.

However, according to part  4 Art. 209 of this Code, upon demand of a natural person or legal entity, any deed with its participation may be notarized.

 


I would like to make a will so that its contents would be disclosed only after my death. Is it possible?

Yes, it is possible. According to para. 3.1 of Chapter 3 of Notarization order, the notaries certify secret wills, without acknowledgement with their contents. The secret will shall be submitted to the notary by the person having made it in a sealed envelope. The envelope shall bear signature of the testator. If the signature on the envelope is made by the testator not in presence of the notary, the testator shall personally confirm that the signature was made by him. The notary makes an attesting endorsement on the envelope, containing a secret will, about notarization and acceptance for storage of a secret will, enseals it and in presence of the testator puts it into the other envelope and enseals. Surname, name and patronym, date of birth of the testator and date of acceptance for storage of this will are stated on the envelope.

 


Shall gift agreement of immovable property be notarized (a natural person makes a gift to a legal entity)?

Part 2 Art. 719 of the Civil Code of Ukraine states that gift agreement of immovable property is concluded in written form and shall notarized.

 


Is a foreigner enabled to issue a power of attorney in Ukraine? What documents shall he provide to the notary?

Yes, he is enabled. According to part 1 Art. 3 of the Law of Ukraine “About legal status of foreigners and stateless persons”, foreigners and stateless persons, who legally reside in Ukraine, have the same right and freedoms, as well as have the same liability as the citizens of Ukraine. This norms allows a foreign citizen to have the same rights as the citizen of Ukraine with some exceptions. Concerning the right to issue a power of attorney and other deeds, the foreigner have the same rights as the citizens of Ukraine.

According to Art. 43 of the Notaries Act of Ukraine, identification of a person shall be conducted via passport of the citizen of Ukraine or other documents, which make any doubts impossible concerning the citizen, who applied for notarization (note of  author – for a foreigner it may be permanent residence permit of a person, residing in Ukraine, internal passport of a foreigner or document, substituting it).

So, to issue a power of attorney, foreign citizen shall provide to the notary his internal passport, if available –  permanent residence permit of a person, residing in Ukraine, registration number of taxpayer card, visa. Besides, if the internal passport is made in a foreign language (which the notary does not know), the notary shall be provided with translation of passport, made by the translator with relevant qualification.

 


Is it possible to terminate gift agreement? If yes, than what is the procedure?

Yes, it is possible. According to para. 7.1, 7.2 of Chapter 3 of of Notarization order, agreement about termination of notarized agreement shall be conducted by concluding a separate agreement. Agreement about termination of an agreement shall be signed by the parties and is certified by the notary. All the copies of the agreement, provided to the notary, shall bear endorsement about its termination, which includes register entry number and date of notarization of the termination agreement, it is signed and ensealed by the notary. In case, when some of the parties does not agree to terminate this agreement, than the dispute shall be set in court.

 


After death of my sister, I got to know that she left me two wills. Which will shall be used for execution of inheritance?

Pursuant to part 3, 4 Art. 1254 of the Civil Code of Ukraine, the testator has right to make a new will at any time. The will that was made later, cancels the previous one completely or in the part, where it contradicts it.

So, it means that execution of inheritance shall be made according to both wills, unless they contradict each other. In case of disputes, the valid will is the one that was made later.

 


What if the maximum period of time that a power of attorney may be issued for?

According to provisions of art. 247 of the Civil Code of Ukraine, the period of the power of attorney shall be stated in the power of attorney. If the period of the power of attorney is not stated, it is valid until the termination of its validity. Thus, the law does not establish a maximum period for power of attorney and the grantor may personally determine such a period. If the power of attorney does not indicate the period, it is valid until termination of its validity, i.e. it is valid during indefinite periods (until it is terminated by the grantor).

 

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How to find us

Address

76018, Ukraine
Ivano-Frankivsk,
11A/1 Harkusha street

Opening hours

Mo-Fr 9:00-18:00
Sat: by appointment
Sun: day off

Contacts

(0342)78-42-76
067 968 96 78

nota_j@ukr.net