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A jury system must be introduced in Ukraine Choose arguments for or against

For:

Against:

It’s the most democratic system, because more than one person is responsible for making decisions

A jury consists of people who are not professional lawyers

Nobody can influence a jury

Jurors can be bribed

Female jurors are more sympathetic

Female jurors are too sympathetic

Every modern industrialized country must employ a jury system

Nobody can guarantee that a juror isn’t a criminal itself

A jury is always made of honest people

Ukraine has its own juridical traditions

Notes: a bribe - хабар

Section E

Skimming reading

18. The text given below deals with “The Notary Bodies in Ukraine”. Skim the text and make the logical plan of the text.

Before skimming the text see the notes, given below the text.

Time limit – 15 minutes

Be sure to know that the term “skimming “is “looking for a gist”.

The Notary Bodies in Ukraine

Notary in Ukraine is based on the guidelines set forth by the law entitled "On Notariate". According to the law, the Notariate is a system of bodies and officials obliged to: certify rights, certify facts that have legal force and perform other notary actions as stated in the law with the purpose of giving them legal force. In Ukraine, notary operations are carried out by state notaries, private notaries or officials of executive bodies of local (village, settlement, city) councils, if there are no notaries therein. The difference between state and private notaries is the service fees imposed by public notaries are fixed by the state, whereas the only aspect regulated by the State in regards to private notaries is the price floor.

Notary operations abroad shall be performed by Ukrainian consular establishments and diplomatic representative offices.

In some cases certification of wills and letters of attorney may be performed by:

  • doctors on duty of hospitals, sanatoriums;

  • captains of sea vessels sailing under Ukrainian flag;

  • chiefs of reconnaissance, arctic expeditions;

  • commanders of military units and military educational institutions;

  • chiefs of imprisoning.

Any person who considers occupation of the notary post must be a citizen of Ukraine, have higher legal education (university, academy, institute), work on probation during 6 months in a state notary office or at private notary, pass a qualification exam and receive a certificate permitting notary actions. A person with any outstanding convictions cannot be a notary by law.

Notaries are not allowed by law to work in courts, police, and prosecutor offices, nor represent citizens in courts or any other government offices. The major role of notaries in Ukraine is to notarize documents and contracts between persons in accordance with Civil Code of Ukraine. Every notarized document, agreement, contract, etc is issued on numerated, special paper form, protected by security features and is registered in the notary's records which is kept after completion in regional (oblast) archive indefinitely. A notary database is kept and accessible to public on the official website of the Ministry of Justice of Ukraine.

The certificate permitting notary activities may be abrogated by the Ministry of Justice of Ukraine in the following cases:

  • on notary's own initiative;

  • loss of Ukrainian citizenship or departure to permanent residence outside Ukraine;

  • notary's non-conformity to the occupied post because of health condition preventing him from accomplishment of notary activities;

  • coming into force of conviction sentence against notary. 

The Law sets a list of notary actions which may be performed in offices of state notaries. At the same time a private notary, unlike a state notary, shall not:

  • issue certificate on right to inheritance;

  • take measures to protect the inherited property;

  • certify life-long maintenance agreements;

  • legalize  signature on the documents intended for operation abroad;

  • certify parents' or guardian's (curator's) signature identity on the agreement on child adoption.

A notary shall refuse to notarize, if:

- such action contradicts the Law;

- a incapable person or a representative who does not have the necessary authorities applied for notarization;

- the agreement concluded on behalf of legal entity contradicts the purposes indicated in its statute or provisions.

Notarial actions or refusal to perform them may be appealed in court.

The Law determines the rules of notarial actions accomplishment, in particular:

  • agreements certification;

  • taking measures to protect the inherited property;

  • issue of certificates on right to inheritance;

  • prohibition of immovable property alienation;

  • notarization of copies of documents;

  • certification of facts;

  • depositing monetary funds and securities;

  • execution of inscriptions;

  • execution of captain's protests.

The documents composed abroad by foreign authorities or with their participation, shall be taken by notaries on condition they had been legalized by the bodies of Ukrainian Ministry of Foreign Affairs. The notaries in Ukraine may also perform certification inscriptions pursuant to the form provided for by the foreign legislation, if it does not contradict Ukrainian legislation.

Notes:

application to the office – заява до служб (нотаріату)

to entrust on somebody – доручати кому-небудь

to attest contract – завіряти договір

to provide for by the law – передбачати законом

to register hereditary rights – реєструвати право на спадок

to have in possession – мати в володінні

to bequeath something – заповідати щось

to acquire property – придбати майно

to keep house – вести господарство

to raise children – виховувати дітей

to dispose one’s share – розпорядитися чиєюсь часткою

to protect the legacy – захищати спадщину (по заповіту)

to conclude treaty – укладати договір

inheritance – успадкування

deceased person – покійний

to ascertain the heirs – установлювати спадкоємців

existence of a will –  існування заповіту

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