Good day! I am happy to explain the main provisions of this order to you.
1. **Essence of the order:**
The order of the Ministry of Justice of Ukraine amends certain regulatory legal acts governing notarial activities, in particular, regarding the procedure for establishing guardianship over the property of individuals who have been declared missing or disappeared under special circumstances. It adapts notarial procedures to the changes introduced by the Law of Ukraine No. 4174-IX and ensures that relevant information is entered into the Unified Register of Persons Missing under Special Circumstances.
2. **Structure and main provisions:**
The order consists of several sections that amend:
* Rules for maintaining notarial records, in particular, references to lists of territories where hostilities are being conducted or that are temporarily occupied are updated.
* The procedure for performing notarial acts by notaries of Ukraine, which details the procedures for establishing and terminating guardianship over the property of missing persons or persons who have disappeared under special circumstances.
* Amendments are made to the forms of certificates issued by notaries.
The main changes concern the procedure for the notary’s actions upon receipt of an application for the establishment of guardianship, verification of necessary information in the registers, the procedure for inventorying property, appointing a guardian, and entering information into the Unified Register of Persons Missing under Special Circumstances. The grounds for termination of guardianship and cancellation of the relevant certificate are also determined.
3. **Most important provisions:**
* **Establishment of guardianship:** The notary takes measures to establish guardianship over the property on the basis of a court decision declaring a person missing or on the basis of an application from an interested person and information from the Unified Register of Persons Missing under Special Circumstances.
* **Responsibilities of the notary:** The notary is obliged to check for information about the person in the Unified Register, the existence of a court decision (in relevant cases), as well as information about the already appointed guardian.
* **Appointment of a guardian:** A natural person with full civil capacity is appointed as a guardian with his/her written consent, preferably from among close relatives or family members of the missing person.
* **Entering information into the register:** The notary enters information on the issuance and cancellation of the certificate of appointment of a guardian to the Unified Register of Persons Missing under Special Circumstances.
* **Termination of guardianship:** Guardianship is terminated on the basis of an application from an interested person if there is information about the termination of the legal status of the missing person or a court decision to revoke the decision declaring the person missing.
These changes are aimed at protecting the property rights of persons who have disappeared or been declared missing and ensuring the effective management of their property.
