Publication date: 27.05.2024
lawyer, 23 years of experience in enforcement.
AFFIDAVIT: WHAT IS IT AND HOW TO MAKE IT
Drawing up an affidavit, which is a written statement about the presence or absence of certain legally significant facts or events, belongs to the competence of both public and private notaries.
Article 34 of the Law of Ukraine "On Notaries" defines various notarial actions that notaries can perform, one of which is verification of the authenticity of signatures on documents. Notarization of signatures on documents is performed by notaries, except when notarization is required by law or at the request of the parties. It is important to note that when notaries verify the authenticity of a signature, they do not certify the authenticity of the information contained in the document; their role is solely to confirm that the signature was actually made by the named person.
The competence of notaries does not include certifying the signature of an individual on a document that contains statements about specific circumstances, such as birth, marriage, death, illness, disability, property ownership. Only the relevant state body has the right to certify such signatures. However, if the document is intended for submission to the competent authorities of another state, the authenticity of the signature may be certified.
In some jurisdictions, it is mandatory to attach supporting documents (such as letters, photographs, receipts, certificates, statements, etc.) along with written affidavits to substantiate the claims made in those affidavits.
Documents that are confirmation of the information stated in the affidavit are securely attached to the front side of the affidavit. It is important to note that the certification inscription, which is made by a notary on the certificate, is regulated by the order of the Ministry of Justice of Ukraine dated 12.22.2010 No. 3253/5. This order, registered in the Ministry of Justice of Ukraine on 12/23/2010 under No. 1318/18613, establishes the Rules for conducting notarial records. These rules contain separate forms of certification inscriptions, namely Nos. 64-68, for verifying the authenticity of signatures on documents and the authenticity of signatures on affidavits with attachments.
It is important to mention the inclusion of applications in the certification letter. To confirm the validity of the signature on the certificate, individuals must submit an application to the state notary office or to a private notary. They must also provide a document certifying identity, for example, a passport of a citizen of Ukraine or another document defined by the Law of Ukraine "On the Unified State Demographic Register and Documents Certifying Citizenship of Ukraine or its Special Status". In addition, supporting documents such as letters, photographs, receipts, certificates and transcripts must be included and attached to the affidavit.
In order to verify the authenticity of the signature, individuals must pay a certification fee. If the certification is performed by a private notary, the amount of the fee is determined by mutual agreement. However, state notaries are required to pay a state fee for performing notarial acts, and may also charge fees for additional legal and technical services not related to the notarial acts themselves.
It is important to know that official documents, such as an affidavit, drawn up within Ukraine must undergo a legalization process in order to be valid and recognized in other countries.
So, as can be seen from the above, in order to use the affidavit, it is advisable to get the services of a lawyer or sound advice of a lawyer.
Legal service "Consultant" provides all types of legal services, including online legal services. Specialists of our service will make a legal analysis of the situation to determine the procedure for obtaining an inheritance abroad and will help collect the necessary documents and, if necessary, accompany the court proceedings.
