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The professional conduct of notaries in Ukraine is based on the following basic principles:

 

1. Independence.

The specificity of the goals and objectives of the notary requires proper performance of notarial activities, maximum independence of the notary, freedom from any influence or pressure and from unlawful interference in his or her activities.

In order to comply with this principle in their professional activities, notaries are obliged to resist any illegal attempts to infringe on their independence, be courageous and principled in the performance of their professional duties, defend their professional rights and use them effectively in the interests of the participants in the notarial process.

A notary shall not make compromises in his or her professional activities that would adversely affect his or her professional image, aiming to obtain benefits from the management, public authorities, third parties or participants in the notarial process, if such compromises contradict the requirements of the law and impede the proper provision of legal assistance.

A notary shall not be guided by the instructions of other persons regarding the content, forms, methods, sequence and time of exercising his or her professional rights and duties, if these instructions contradict the law and his or her professional opinion on the best way to perform his or her professional actions.

 

2. Legality.

In his professional activities, a notary shall comply with the current legislation of Ukraine, promote the establishment and practical implementation of the principles of the rule of law and legality, apply all his knowledge and professional skills to properly protect the rights and legitimate interests of individuals and legal entities.

A notary shall not give advice to individuals and legal entities that is deliberately aimed at committing offences or otherwise intentionally facilitate their commission.

In his professional activity, a notary shall not have the right to resort to means and methods contrary to the current legislation or these Rules.

 

3. Objectivity and impartiality.

A notary shall carry out his or her professional activities in accordance with the law and the oath taken and be impartial in the performance of notarial acts.

The notary shall make decisions and perform actions impartially: not to allow, in the performance of his or her duties, to give preferences or create conditions for giving preferences to any persons, groups of persons on the basis of gender, race, nationality, language, origin, property and official position, place of residence and attitude to religion, beliefs, membership in public associations, professional affiliation and other grounds, as well as to any legal entities, unless otherwise provided by the current legislation of Ukraine.

A notary shall prevent personal interests and interests of interested persons from influencing the performance of his or her duties.

 

4. Confidentiality.

The disclosure of information constituting notarial secrecy is prohibited under any circumstances, except as provided by the Law of Ukraine ‘On Notaries’.

Observance of the principle of confidentiality is a necessary and essential prerequisite for the trust relationship between a notary and individuals and legal entities. Maintaining the confidentiality of any information received by a notary from individuals and legal entities, as well as about them or other persons in the course of notarial activities, is a notary's right in relations with all subjects of law who may require disclosure of such information, and a duty - in relation to individuals and legal entities and those persons to whom this information relates.

The principle of confidentiality is not limited in time.

The confidentiality of certain information protected under the rules of this clause may be cancelled only by a person interested in its observance (or by the heirs of such an individual or legal entity's successors) in writing or in another recorded form.

A notary shall ensure that his assistants (consultants of the state notary's office) and technical staff understand and observe the principle of confidentiality and secrecy of notarial acts.

A notary shall ensure such conditions of storage of documents at his or her disposal containing confidential information that exclude access to them by unauthorised persons, except in cases provided for by law.

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5. Good faith.

Given the social significance and complexity of the notary's professional duties, he or she is required to have a high level of professional training, in-depth knowledge of fundamental and special provisions of the current legislation, the ability to apply them in practice, and mastery of tactics, methods and procedural techniques of notarial activity.

A notary is obliged to provide legal assistance to individuals and legal entities competently and in good faith, which implies knowledge of the relevant legal provisions and the necessary experience in their application.

A notary shall constantly work on improving his or her knowledge and professional skills, and have sufficient information on changes in the current legislation to perform notarial acts.

The notary shall ensure the required level of competence of his assistants (consultants of the state notary's office), technical staff and other persons engaged by him to perform certain works by means of constant improvement of their qualification level.

 

6. Honesty.

In his professional activity, a notary shall be honest and decent; not to resort to deception, threats, blackmail, bribery, use of difficult material or personal circumstances of other persons or other illegal means to achieve his professional or personal goals; respect the rights, freedoms, legitimate interests, honour, dignity, reputation and feelings of persons with whom he communicates in the course of notarial activity.

 

7. Respect for the profession.

In all his or her activities and behaviour, a notary shall demonstrate respect for the notary profession, its essence and purpose, and contribute to the preservation and enhancement of its prestige.

This principle must be observed in all areas of notary's activity: professional, social, public, etc.

A notary shall not perform actions aimed at restricting the rights of a person who has applied for a notarial act, professional rights of a notary, independence of the notary profession, or undermining its prestige.

 

8. Culture of behaviour.

Taking care of the prestige of his or her profession, a notary shall ensure a high level of behavioural culture, behave with dignity, restraint, tact, maintain self-control and self-control, and have a decent appearance.