Protection of notarial documents under martial law

The Ministry of Justice of Ukraine in order to prevent the destruction or loss of documents of notarial records and archives of private notaries whose workplace (office) is located within the territories of possible/active hostilities/active hostilities where state electronic information resources operate, included in the list of territories where hostilities are (were) conducted or temporarily occupied by the Russian Federation, approved by the Ministry of Reintegration, for which the date of completion of hostilities and the date of termination of the possibility of hostilities are not determined, was issued by order dated 11.02.2025 р. № 356/5.

This Order approved the Procedure for Temporary Relocation of Documents of Notarial Record Keeping and Archives of a Private Notary under Martial Law, which will allow private notaries, in case of a threat of destruction or damage to documents of notarial record keeping and archives, if possible, to take measures to temporarily relocate such documents to safer territories of Ukraine in order to preserve them in:

♦ the state notary archive designated by the territorial body of the Ministry of Justice of Ukraine;

♦ separate premises located in a safer territory of Ukraine;

♦ premises that are the workplace (office) of a private notary on the basis of a storage agreement;

♦ premises that are the workplace (office) of a private notary, on the basis of a contract for its replacement.

The Order also provides for partial transfer of notarial records of the private notary's archive to the state notary archive without termination of notarial activities.

The said order will ensure the preservation of notarial records and archives of private notaries, which will prevent violation of the legal rights and interests of individuals and legal entities related to notarial documents.