A draft law, which proposes to give notaries the right to register marriages and divorces is #AtTheCommitteeConsideration

The Committee on Ukraine's Integration into the EU is working on draft Law No. 5644. The document proposes to amend a number of laws and regulations to reform the institution of notaries in Ukraine.

What does the draft Law No. 5644 offer?

• Retains control of the Ministry of Justice of Ukraine over the review of complaints, regulation of the High Qualification Commission of Notaries, issuance and cancellation of a certificate to engage in notarial activities, etc.;
• provides for the transition to self-regulation in the notary;
• introduces an electronic notary, which will include: an electronic notarial archive, an electronic register of notarial acts, an electronic notary's workplace. The introduction of an electronic notary system, according to the authors of the draft law, will automate the processes in the activities of notaries, improve the quality of notarial services, reduce the time of provision and ensure the reliability and protection of notarial documents from forgery;
• creates conditions for the transition to a single notary. According to the authors of the draft law, this will consolidate the single status of notaries in Ukraine, as is done in European countries, abandoning the system of division of notaries into public and private;
• creates mechanisms to ensure the availability of notarial acts in remote and sparsely populated regions of Ukraine;
• introduces new tools for both citizens and businesses, as well as for the legal community.

What benefits will Ukrainians receive as a result of the reform of the notary system?

The authors of the draft law No. 5644 are convinced that thanks to the reforms proposed in the document, the state will be able to ensure the availability of notarial acts in each notarial district, and will guarantee the availability of notarial services for vulnerable groups.

The draft proposes to give the following powers to notaries:

- providing evidence by a notary;
- establishing the facts;
- mediation as a way of out-of-court settlement of disputes;
- simplification of the procedure for registration of marriages and the divorce;
- expansion of the possibilities of extrajudicial protection of the rights and interests of individuals and legal entities.

The Committee will make public its opinion whether the draft law complies with the EU law and Ukraine’s international legal obligations.