Conference on Strengthening the Ukrainian Notariat held in Vilnius

Minister of Justice Ewelina Dobrowolska, President of the Chamber of Notaries of Ukraine, notary of Kharkiv Volodymyr Marchenko, First Vice-President of the Chamber of Notaries of Ukraine, notary of Kyiv Olena Kyryluk (photo by Eduardas Bareika)

On 13 September in Vilnius, representatives of the legal communities of Ukraine, Lithuania and several other European Union countries held a conference to exchange views on how to strengthen the notarial system in the embattled Ukraine.

"The notariat is one of the fundamental pillars of the rule of law. The notariat ensures the legality and stability of legal relations, thus contributing to public confidence in the state legal system. Therefore, the independence and impartiality of notaries truly ensure that the rule of law is actually implemented and the legitimate interests of every citizen are reliably protected. Ukraine, which is today fighting for its independence and democratic values, shows by its example how important it is to strengthen the rule of law even in the most difficult circumstances", said Ewelina Dobrowolska, Minister of Justice of Lithuania, addressing the participants of the conference.

The President of the Supreme Court of Lithuania, Assoc. Prof. Dr. Danguolė Bublienė, devoted her report to the problem of entrusting judicial functions to notaries.

"One thing is clear that a notary performs functions of public interest, certain activities performed by him/her can be recognised as economic activities, activities performed by certain public authorities. It all depends on what and how we entrust the notary. Therefore, I think that this discussion, and the ambiguous disclosure of the status of the notary, does not preclude further discussion on what and how judicial functions could be delegated to notaries." <...> "Today, the functions of notaries in Lithuania have already been considerably expanded compared to the traditional functions of the Latin notariat. Notaries also have competences in the field of legal persons, mortgages, execution of executive records, divorce. Moreover, the notary's competences are extended to mediation services. Two recent reforms of the extension of notarial functions in Lithuania are worth mentioning: in the area of mortgage and divorce," said the President of the Supreme Court, Assoc. Prof. Dr. Danguolė Bublienė.

The President of the Supreme Court of Lithuania, Assoc. Prof. Dr. Danguolė Bublienė, delivers a speech (photo by E.Bareika)

Volodymyr Marchenko, President of the Ukrainian Chamber of Notaries and Notary of Kharkiv, said that in the first months of the active phase of the war, the Ukrainian Chamber of Notaries, together with the Ministry of Justice, managed to restore the work of vital state registers, including registers of immovable property, companies, wills, powers of attorney and other registers.

"Since the beginning of the large-scale invasion of the russian federation, notaries have been a pillar of the society: they have ensured the performance of notarial acts even in dangerous territories, they have worked under fire, they have managed to preserve the archives, and they are continuing to do so now," said Marchenko, who came to the conference in Vilnius accompanied by five notaries from different parts of Ukraine. The event was also attended by representatives of the Kharkiv academic community and the Ukrainian Ministry of Justice.

Delegation from Ukraine - notaries and representatives of the Ministry of Justice (Photo by E.Bareika)

In her presentation, Lithuanian Deputy Minister of Justice Gabija Grigaitė-Daugirdė talked about the Special Tribunal for the Crimes of Aggression against Ukraine, accountability of the perpetrators and the rule of law.

"International crimes are legal concepts with legal consequences. <...> Vilnius has courage and political will and it is very clearly written on the Vilnius municipality building: Putin, the Hague is waiting for You," said Vice-Minister Grigaitė-Daugirdė.

Deputy Minister of Justice Gabija Grigaitė-Daugirdė dedicated her report to the responsibility of criminals for crimes committed in Ukraine (Photo by E.Bareika)

The President of the Lithuanian Chamber of Notaries, the President of the Council of Notaries of the European Union for 2024, Marius Stračkaitis, in his report, provided a detailed analysis of the amendments to the Law on Notaries under consideration of Ukrainian Parliament and compared the provisions of the draft law with the principles of the Latin notariate. He also reviewed the history of cooperation between Lithuanian and Ukrainian notaries.

"The Lithuanian Chamber of Notaries has been cooperating with the Ukrainian Chamber of Notaries for a long time, and the Council of Notaries of the European Union and individual notariats belonging to the Council of Notaries of the European Union have been providing their support. I would like to say once again to my colleagues from Ukraine - we will help as much as we can", - said the President of the Lithuanian Chamber of Notaries Marius Stračkaitis.

Marius Stračkaitis, Klaipėda Notary, President of the Council of Notaries of the European Union for the term of office 2024: "Разом до перемоги! - Together to victory!" (Photo by E.Bareika)

This year Lithuania holds the presidency of the Council of Notaries of the European Union, which represents 50 thousand notaries of the EU countries. The Lithuanian Chamber of Notaries has identified assistance to Ukraine as one of the priorities of its Presidency.

All presentations delivered at the conference will be published in the October issue of the "Notariatas" magazine and its electronic version.