I want to file a lawsuit at the state notary office in Zhytomyr in connection with ...?

Question

... refusal of the certificate of the right to inheritance under the law - on October 27, a refusal was issued, citing the cabinet resolution on some actions of the notary under martial law, but falsifying it with their own words, which are not in the Resolution and the Civil Code. And this problem is compounded by the fact that there is a Law on the Cabinet of Ministers, but there is no Law on the formation of the Cabinet of Ministers - that is, according to Article 92, the notary is not legal, and there is no Law on the adoption of codes, that is, there are codes, but there is no law on their adoption. So I don't know what to do? How to arrange an inheritance?

Yaroslav Sikorsky · Accepted Answer

According to Art. 50 of the Law of Ukraine "On Notary", a notarial act or refusal to perform it **is appealed to the court**. The person whose rights and interests are affected by such actions has the right to challenge a notarial act or refusal to perform it.

**Thus, you can appeal the refusal to perform a notarial act (*refusal to issue a certificate of the right to inheritance*) to the court**.

In the case of filing a lawsuit against a private notary, the private notary will be the defendant. In case of claims against the state notary public, the relevant state notary office will be the defendant. This is explained by the fact that a public notary has a special status as an employee of a legal entity, namely a public notary office, in addition to the general status of a notary public. Cases related to the appeal of notarial acts or refusal to perform them are considered in the manner of civil proceedings according to the location of the relevant state notary office.

I want to file a lawsuit at the state notary office in Zhytomyr in connection with ...?

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