“Notarial system is the last bastion of property rights protection” – Ruslan Sydorovych

The notary community has held a protest outside the building of the Cabinet. They have put forward several requirements – to cancel the order of the Ministry of Justice, according to which notaries have to confirm their professional competence through re-examination; to return the access to public registries; and to establishing clear test criteria.

Samopomich deputy Ruslan Sydorovych noted that February 25, 2019 had already gone down in history. For the first time in the entire history of Ukraine’s independence, notaries held an all-Ukrainian strike beneath the walls of the Cabinet of Ministers of Ukraine.

“What made the notarial community leave their offices and gather outside the government? In recent months, we have witnessed systemic attempts to destroy notaries as an institution. These attempts were made through legislative proposals, namely bills 9140, 9311, as well as through an attempt to add three pages of text to bill 8121 on December 20, 2018.”

The thing is that these bills, in various forms, suggested introducing a quasi-notarial institution in addition to the existing notarial system. What threat does this pose? Sydorovych says that admission to the profession of those who will carry out state registration of property rights at a low professional level is primarily a threat to guaranteeing the property rights of all Ukrainian citizens.

“That wave of raiding that has swept across Ukraine in recent years shows that the state is systematically destroying the institution of property and the mechanisms that should protect this property. Once these bills were killed in the session hall, the government actually committed an act of revenge against the notary community, adopting Resolution 860, which introduced a testing program which is not provided for by law and which is completely corrupt.”

In fact, the current requirement of the notarial community to the Cabinet lies in the two most basic messages:

– the need to cancel the illegal corruption-related resolution No. 860;

– to stop trying to destroy the notaries as an institution.

“Today, notaries gathered outside the government not so much for the protection of notaries themselves, as for the protection of property rights. This is the first professional community in Ukraine and the only one to date that truly protects the property rights of all citizens. Over two thousand years of existence, mankind has not been able to create a substitute for notaries. Notaries are the only ones that can professionally, honestly, and faithfully protect the property rights of all citizens.”

There has been no reaction from the government and, in the opinion of Ruslan Sydorovych, there will be none. Therefore, MPs – including Samopomich – will demand this reaction during the current plenary week.

“After all, those systematic disconnections of notaries and state registrars from registries primarily harm the interests of citizens. Because citizens are actually deprived of the opportunity to register ownership of their belongings.”

In addition, according to Sydorovych, the Deputy Minister of Justice talked with the representatives of the notarial chamber. She did nothing but accused them of holding a peaceful protest, the right to which is guaranteed by the Constitution of Ukraine and Ukraine’s international obligations, and actually left slamming the door.

As noted by the representative of Samopomich, this method of communication with the professional community is absolutely unacceptable.

“We will prepare an additional official deputy appeal addressed to the Prime Minister. The Prime Minister and the President are required to personally intervene in resolving this issue because the threat to property rights is a threat to national security. We cannot talk about any investments in the Ukrainian economy or about any development of Ukraine as a state if we have the property rights of citizens unprotected and destroyed.”

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