The Cabinet of Ministers of Ukraine has approved the powers of notaries in certifying real estate transactions during martial law, the press service of the Ministry of Justice reported.
According to the relevant resolution of the Cabinet of Ministers, notarial certification of contracts on real estate transactions is allowed only to those notaries who were included in the relevant list of persons who are allowed to carry out notarial acts in relation to valuable property during martial law.
In addition, such actions are prohibited for notaries whose workplace is located in territories where access to unified and state registers has been terminated, in particular, in the temporarily occupied territories of Ukraine.
It is also prohibited to sell real estate within one month from the date of state registration of ownership, as well as real estate transactions by proxy.
Certification of contracts for the sale of real estate, mortgages, trusts is allowed only at the location of the property. At the same time, in Kyiv and the Kyiv region, notarial actions with real estate are allowed only for local notaries, if the property or legal entity is located in this territory, or at the registered place of residence of an individual – one of the parties to the agreement.
Such conditions will be in effect during martial law for one month after, the Ministry of Justice notes.
Ukrainian state and private notaries in 2020 certified 217,810 contracts for the sale of land plots, which is 27.8% more than in 2019.
As reported on the website of the Ukrainian Agrarian Association, an increase in the number of contracts provoked the adoption on March 31, 2020 of a law on the conditions for the turnover of agricultural land, although this law will come into force only on July 1, 2021.
According to the association, in the fourth quarter of last year, almost 75,000 sale contracts were certified, while in the third – about 60,000, and in the second – about 45,000.
As the association said, a similar situation is with donation agreements, the total number of which in the past year, according to notaries, increased by 9.6%, to 55,980 and in the fourth quarter the number was close to 20,000.
The association said that in 2019 the number of contracts for the purchase and sale of land plots increased by 12.9%, and in 2018 – by only 1.2%, donation contracts – decreased by 1.1% (in 2018 it increased by 3.1%).
As reported, at the first stage of the law on the turnover of agricultural land – until December 31, 2023 – it will be allowed to sell land plots only to citizens of Ukraine in the amount of no more than 100 hectares per person, as well as exclusion for public needs and exchange of land plots with a difference of the normative monetary evaluation of no more than 10%.
The Cabinet of Ministers has canceled the limits on minimal fees for services by private notaries by annulling a presidential decree of July 10, 1998. A relevant decision was made by the government at its meeting on October 31.
The explanatory note accompanying the draft document, which is available to Interfax-Ukraine news agency, says that the above-mentioned presidential decree in particular imposed limits on the minimal fees in such a way so that they would not be lower than state duty fees, which are charged by government notaries for similar services.