Not only because of documents — in which cases a notary has the right to refuse to perform a notarial act
A notary has the right to refuse to perform a notarial act if its execution contradicts the law or if the applicant has not fulfilled the legal requirements.
The Ministry of Justice of Ukraine reminded that notarial acts are intended not only to certify documents but also to ensure the legality of transactions. Therefore, before performing them, the notary checks whether all legal requirements have been met.
Reasons for refusal may include the absence of necessary documents or information, non-compliance of the transaction with legal requirements, applying to an improper notary or other authorized person, as well as doubts about a person’s capacity to understand the significance of their actions or suspicion that they are acting under duress.
A notary will also refuse if the person applying is declared legally incapacitated, the representative lacks proper authority, the legal entity’s transaction exceeds the scope of its statutory activities, notarial services or other mandatory payments have not been paid.
A separate ground for refusal is the inclusion of the property owner planning to alienate it in the Unified Debtors Register. However, this rule does not apply to state and municipal enterprises during the privatization of a single property complex.
The Ministry of Justice emphasized that in case of refusal, a citizen has the right to demand a written explanation of the reasons for such a decision. The notary is obliged to explain the procedure for appealing it and to issue a written refusal order within three working days.
As previously reported by the "Judicial and Legal Newspaper", military personnel have the opportunity to execute a number of legally significant documents without applying to a notary or paying state duty — through certification of documents by the commander of a military unit. The Rivne Regional Territorial Center for Recruitment and Social Support emphasizes that documents certified by the commander have full legal force. They can be canceled or updated at any time by submitting a new document to the same commander or a notary.
The Territorial Center explains that in conditions of hostilities, military personnel often cannot visit a notary. The commander’s authority allows overcoming this barrier and executing documents without trips, queues, and payment of state duty directly at the place of service.
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