Refusal to Perform a Notarial Act: What Should You Do?

If a notary refuses to perform a notarial act, do not be quick to consider this a final decision. In many cases, the issue can be resolved by correcting the deficiencies or appealing the refusal.

A notary cannot refuse without cause. The Law of Ukraine “On the Notarial System” stipulates that a refusal is possible only in cases specified by law, and it must be issued in writing, stating the reasons.

Why might a notary refuse?

The most common reasons for refusal are:

1. lack of required documents;
2. errors or discrepancies in the last name, first name, patronymic, or other personal data;
3. lack of state registration of ownership rights;
4. a seizure order or a prohibition on the disposal of property;
5. inability to confirm ownership or that the property belonged to the decedent.

In recent years, people have also frequently encountered difficulties when registering rights to property located in temporarily occupied territories, where obtaining the necessary documents is practically impossible.

What should you do after receiving a refusal?

First and foremost, obtain a written decision on the refusal and carefully review its contents. The specific reason for the refusal determines your next steps.

In many cases, there is no need to go to court. If documents are missing or contain errors, the problem can be resolved, for example, by:

1. obtaining duplicates of lost documents;
2. contacting the civil registry authorities to correct errors in the documents;
3. obtaining archival records or documents from the Bureau of Technical Inventory (BTI);
4. submitting other documents that were previously missing for the notarial act to be performed.

Once the reasons for the denial have been resolved, you have the right to reapply to the notary.

When should you go to court?

Sometimes it is impossible to resolve the issue without going to court. For example, if the title document has been lost, archival records have not been preserved, or ownership was never registered in state registries.

In such cases, the court may establish a legal fact or recognize ownership if this is necessary to protect your rights.

Can a notary’s refusal be appealed?

Yes. If you believe that the notary refused without legal grounds or did not properly explain the reasons for the refusal, such a decision can be appealed in court.

Case law holds that a decision to refuse must contain a clear justification, citing applicable laws and the specific circumstances that prevent the notarial act from being performed.

A notary’s refusal does not mean that you have lost the right to have the notarial act performed. In many cases, it is sufficient to submit the missing documents, correct any errors, or resubmit your application to the notary. If the issue cannot be resolved through administrative channels or if you believe the refusal is unlawful, you can defend your rights in court.

The key is to carefully review the reason for the refusal and choose the correct way to resolve it.

Legal assistance is provided by the “Caritas Mariupol” Charitable Foundation in partnership with the Danish Refugee Council, with funding from the European Union.