The Ministry of justice initiated a re-evaluation “at fault” notaries. They came out to protest on the day he stopped work.
The conflict between private notaries and the Ministry of justice released to the public. About 1000 notaries on February 25 came out to protest under the building of the Cabinet of Ministers, told LIGA.net the Deputy head of the Notary chamber Olga Onischuk. Another part of notaries did not come to work and served customers, said Onischuk.
The reason for the discontent – the Ministry of justice were obliged to pass qualification tests of registrars, which due to the violations deprived the right to confirm the transaction. In the Department say that this is a necessary measure. The culprit – common mistakes notaries.
Judging by the photos from the event, participants were several times less than stated.
The new rules
In mid-February, the Cabinet of Ministers adopted the resolution No. 860 on the implementation of the pilot project in the sphere of state registration of immovable property. The main change is the requirement for recertification of notaries.
Before the person who committed the crime (made mistakes, re-registered the property without the consent of the owner, etc.) was cut off from access to the registry for a few months, and then returned to access. Now exactly the same rules introduced for beginners who want to become notaries. After passing the test, they must go through a two-week training courses, use of the registry to state enterprise “National information system” and get access key.
What is the cause of innovation? “Analyzing complaints that come to the Commission for consideration of complaints in the sphere of state registration, we often notice that when making registration actions registrars violate the requirements of the law is not
Tests have become the main cause of the conflict between the notaries and the Ministry of justice. The tests were made in the experimental resolution of the Cabinet, and not in the law “On notary,” said Onischuk. “It is unknown who made the tests, correct answers in the computer, and who is on the Board to check the level of knowledge of notaries. All this creates corruption risks,” she explains.
Testing is conducted since February 18, the majority of notaries do not pass the test, said Onischuk. Therefore, on February 25 for the first time in the history of notaries came to protest action under walls of the Cabinet.
“We were warned in advance that no notarial acts 25 February to occur will not be reported LIGA.net Vice-President of the Association of real estate professionals Anatoly Topal. – An exception was made for people with disabilities, pensioners, etc”. According to him, the action took place one day, and already on February 26 the notaries going back to work.
The Ministry of justice the charges of notaries deny. “Given the automation of the process and participation in the development tasks of our international partners in the EU project Entitled-Justice I can assure you that any corruption risks when testing do not exist,” insists Irina Sadovskaya.
What’s next? Onischuk said that the Notarial chamber has filed a lawsuit in the District administrative court of Kiev the claim about recognition of the decrees of the government null and void. The case is scheduled next month. Notaries put forward political demands: to dismiss the Deputy Minister Irina Sadowski and first Deputy – Helen Sukmanova.
Direct dialogue not yet obtained. “We were told that the representatives of the Ministry of justice waiting for us five minutes before the start of the rally. We couldn’t leave the people who came from all over Ukraine,” – said Onischuk.
Moscow insists that a half hour waiting for a representative of the Notary chamber in the Cabinet and the meeting agreed last week. “Disconnected from the registry 191 people, 40 of them are notaries. That is, today tests you need to pass less than 1% of the total number of notaries in the country. Such resistance, in my opinion, it looks strange,” says Sadovskaya.
The real estate market participants hope that the parties will solve the conflict. “If.