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Competent persons for certification of powers of attorney in Ukraine: What the Law says

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 21.05.2024

Competent persons for certification of powers of attorney in Ukraine: What the Law says


In today's world, a power of attorney is considered an important legal instrument that authorizes one person to act on behalf of another. Ukrainian legislation establishes clear rules and procedures that allow different persons to certify powers of attorney. Let's look at who has the right to take these actions according to the law.

 

Certification of Powers of Attorney in Various Institutions


Notaries: According to the Law "On Notaries", notaries are the main notaries of powers of attorney in Ukraine. They have the authority to perform various notarial acts, including certification of powers of attorney.
Officials of military institutions: Persons undergoing treatment in military hospitals, sanatoriums, or other military institutions may receive a power of attorney from the head of this institution or his deputy from the medical department.


Commanders (chiefs) of military units and other military formations: They have the right to certify power of attorney for persons who are located at military unit deployment points, where it is not possible to contact a notary.
Officials of penal institutions and pretrial detention centers: The heads of these institutions can certify powers of attorney for persons under their custody.


Officials of local self-government bodies: In cases where there is no access to a notary public in populated areas, power of attorney certification can be performed by an official of the local government.Officials of bodies authorized to provide free legal aid: Subjects of the right to free secondary legal aid can obtain power of attorney certificates from relevant officials of these bodies.
These categories of persons who have the right to certify a power of attorney are regulated by clear requirements of the law and ensure the legal effect of trust instruments in various situations. It is important to follow established procedures to ensure the legality and reliability of powers of attorney. You may be interested in the following articles: lawyer consultation, lawyer consultation, document analysis, legal analysis of the situation, written consultation, document review by a lawyer, lawyers documents, lawyer help online, lawyer online, legal opinion , lawyer's legal opinion, lawyer online.

Certification of Powers of Attorney During Martial Law

The Ministry of Justice draws attention to the fact that during martial law, in accordance with the government resolution "Some notary issues in martial law" dated 28.02.2022 No. 164, powers of attorney, in addition to powers of attorney for the right to dispose of real estate, manage and dispose of securities, corporate rights, military personnel The Armed Forces, other military formations formed in accordance with the laws, as well as employees of law enforcement (special) bodies, civil defense bodies, who are involved in the implementation of measures to ensure national security and defense, repulse and deter armed aggression of a foreign state, can be certified by the commander (chief). of these formations (bodies) or another person authorized by such a commander (chief).The specified persons certify powers of attorney in accordance with the Procedure for certification of wills and powers of attorney equivalent to notarized ones, approved by Cabinet of Ministers Resolution No. 419 dated 15.06.94.

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