1. The subject of the dispute is the recognition of the notary’s refusal to issue a certificate of inheritance for a share in the apartment as illegal.
2. The court of cassation overturned the decisions of the previous instances, stating that the notary illegally refused to issue a certificate of inheritance, since the apartment sale agreement concluded on the commodity exchange in 1998 was not subject to mandatory notarial certification in accordance with the legislation in force at the time of its conclusion, namely the Civil Code of the Ukrainian SSR of 1963 and the Law of Ukraine “On Commodity Exchange”. The court noted that the sale agreement was not disputed by the participants and was not declared invalid in court, and also took into account the existence of a court decision that determined the shares in the right of common ownership of the apartment. In addition, the court emphasized that the notary mistakenly applied the provisions of the current Civil Code of Ukraine, which did not regulate legal relations that arose during the period of validity of the Civil Code of the Ukrainian SSR of 1963. The court referred to the conclusion of the Joint Chamber of the Supreme Court in case No. 336/6023/20, which stated the priority of the special rule of the Law of Ukraine “On Commodity Exchange” regarding the form of the agreement concluded on the commodity exchange over the general rules of the Civil Code of the Ukrainian SSR of 1963.
3. The Supreme Court granted the cassation appeal and recognized the notary’s refusal to issue a certificate of inheritance as illegal, obliging the notary to issue the certificate and recovering court costs from the notary in favor of the plaintiff.
