The Constitutional Court declared the disputed provisions of the Law of Ukraine "On Notary" to be constitutional
On July 1, 2020, the First Senate of the Constitutional Court of Ukraine adopted the Decision on the constitutional complaint of "Ukrkava" Limited Liability Company (hereinafter - "Ukrkava" LLC) regarding the constitutionality of the provisions of Article 88.1 of the Law of Ukraine "On Notary" of September 2, 1993 № 3425 ‒ XII (hereinafter - the Law).
By this Decision, the Court declared the disputed provisions of the Law as conforming to the Constitution of Ukraine.
"Ukrkava" LLC appealed to the Constitutional Court to declare unconstitutional the provisions of Article 88.1 of the Law, according to which a notary makes executive inscriptions, if the submitted documents confirm the indisputability of the debt or other liability of debtor to the collector and provided that no more than three years have elapsed since the date of the right of claim, and no more than one year in relations between enterprises, institutions and organizations.
The petitioner argued that the unconstitutionality of the disputed provisions of the Law "results in unlawful deprivation of property rights".
The Constitutional Court of Ukraine, in resolving the issues raised in the constitutional complaint, proceeds, in particular, from the fact that the regulation provided by the disputed provisions of the Law is the exercise by the Verkhovna Rada of Ukraine of exclusive powers to determine the organisation and activities, including the notary, as established in Article 92.1.14 of the Constitution of Ukraine.
The Decision states that establishing the procedure of normative regulation of the notary's activity in terms of determining the terms within which the notary may make an executive inscription, the legislator introduced a clear differentiation depending on the subject composition of the parties.
The Court considers that the disputed provisions of the Law, according to which the notary makes executive inscription provided that no more than three years have elapsed since the right of claim, and no more than one year in relations between legal entities, are clear, understandable and unambiguous.
Such normative regulation excludes the possibility of its arbitrary interpretation, therefore the application of the disputed provisions of the Law by persons (bodies) whose activity is based on the principle of the rule of law does not in any way lead to unlawful deprivation of property rights.
Therefore, the provisions of Article 88.1 of the Law do not contradict the provisions of Articles 6, 8.1, 19, 92.1.14 of the Constitution of Ukraine.
The Decision of the Constitutional Court of Ukraine is binding, final and may not be appealed.
