The Ministry of justice undertook to clear the Ukrainian market of notarial services. To date, almost 200 notaries and the state Registrar revoked or suspended access to the state Register of property rights to real estate and Unified state register of legal entities, individual entrepreneurs and community groups, writes UBR.
According to a recent roll call list, published by the Ministry of justice, as of September 28, the registries can not use 182 of the notary and the state Registrar. Violators face penalties ranging from a fine to a criminal case.
Experts warn that though the business in General reacted positively to the fight against dishonest notaries, could be affected and honest registrars. As well as ordinary citizens who may soon be difficult to find a notary “registry”. And all this against the background of rising notarial services.
According to experts, the cleaning started from the beginning and continues to this day. “Doing this systematically since the beginning of this year, as far as I know, identifying irregularities in the work with registries. Indeed, since the beginning of this year strengthened the liability of the notaries and registrars up to criminal”, — said the Director of the estate Agency “Left Coast” Oksana Suslova.
Why is the list of violators have decided to make public only now? In fact, experts say that previously these inspections were not consistent with the law, and therefore was “not quite legal”. After the procedure, in accordance with the law and approve the procedure of the inspections, the officials started to fill the “black” the list of notaries.
“The nearly 200 registrars under sanctions for about 3-4 months. But given that breaks, about one-third the notary, the list needs to be five times more. In the whole country of about 7.5 thousand notaries, 1.5 thousand of them in Kiev. By the end of the year list drawn from the registry can significantly grow,” — said the President of the Union real estate consultants, lawyer Ivan Kudoyarov.
As told to us in the Notary chamber of Ukraine (NPU), most cases of disconnection from the registers are due to the lack of clear criteria and technical errors registrars. However, this does not mean that the latter has violated the law or conducted the illegal registration.
The test was a massive, unplanned and more violent
Another thing, when we are talking about what the state Registrar, including the notary, provide false documents, on the basis of which he just has to register the transaction. Thus, experts say, the receptionist is often the victim in this situation, since he has no authority for examination of documents or other tools to check the accuracy of the information provided.
“All responsibility rests on the applicant, and as a result suffers solely by the state Registrar remains unemployed for a period of 2-6 months, and sometimes up to a year. He challenges the court’s decision proves his innocence and the decision is canceled, but the lost time, the work stops, limited citizens ‘access to notarial acts, especially when it comes to remote corners of Ukraine”, — told in the FSL.
The priority is the construction problem
Under the attention of the inspectors, in the first place, are either those who received a complaint from citizens, or those who held a “mysterious” registration actions. For example, staff of justice now interested in registrars who have conducted transactions on the controversial “homes Wojciechowski”, where the documents for construction, there are obvious problems.
For registration of rights on property (land, apartment, etc.) the notary is obliged to check the documents not only the buyer but also the seller (developer). If everything is in order, the Registrar makes the scan copies of required documents to the registry. But often this is either not done at all or documents have been made not completely. And these objects — weight, experts say.
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If the check reveals serious breach — block key registers, and in particularly egregious cases — deprived of the right of access to the key and verify the notary on the subject of the withdrawal of the license and prosecution.
“At the Ministry of justice is the Commission on counteraction to corporate raiding, in which you can file a complaint about unlawful actions. By results of consideration of appeals the Commission adopts the decision. It is binding and when acknowledging a precedent of unlawful action of a notary, the decision is canceled, and the notary disbarred. For example, if the property preregistered on inaccurate documents, the decision will cancel,” said Executive Director of the Independent Association of banks of Ukraine (NABU) Elena Korobkova.
Do not formalize inheritance and raise prices
Despite many positive signals about cleaning up the market from unscrupulous registrars from whom the ordinary citizens suffer and business, under the scope the inspectors often get quite law-abiding notaries, experts say.
“The test was a massive, unplanned and more violent. Before checking the task is to find at any price. Therefore, the suspension and the suspension of the license no one is immune, even a very good notary. Checks have been before, but first results were not so public”, — said the Chairman of the Kiev city branch of the Association of realtors (realtors) Ukraine (ASNU) Vladislav Kulishenko.
The consequences of these locks and blackouts, say NPA is the deprivation of a notary public able to issue and the rights of heirs. Because the transmission of hereditary business to another notary in the case of blocking access to the registry not legally stipulated, and the legal grounds for the refusal of notarial actions by the notary no. In the end, actually make the inheritance of real property the notary can not, because deprived of the rights of the state Registrar.
“This significantly violates the rights and interests protected by law of citizens who are unable to timely and fully receive the notarial acts”, — told in the FSL.
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Impact “Shoe” maybe the cost of services of registrars, experts say. And even though the deals is that the market not so much, if you disconnect from the registers will continue to gain momentum, the price tag for notaries will rise again.
“Take for example a power of attorney — previously, it could be done in 150 UAH, now at least 300-350 UAH. And all will be 500 UAH. The cost of notarization of the contract of sale after the introduction of the registry of property rights was 2 thousand UAH. 1%. Now 3 000 UAH. plus 1%. May be 3,5-4 UAH 1%. But it is rather the effects of inflation. The hryvnia falls, increase in utilities, rent, other costs. In Kiev notaries and registrars enough, I think the market is just “swallow,” added Kulishenko.