On October 29, the Better Regulation Delivery Office (BRDO), with the support of the USAID Justice for All Activity, held an online presentation of a comparative study of digitalization of the notary. At the event, the main challenges and prospects for the introduction of electronic notary services, which have become especially relevant due to martial law, were discussed. Representatives of the Ministry of Justice, the Notary Chamber of Ukraine and experts in the field of digital law took part in the event.
The BRDO team has conducted a comparative study of digital and remote services and their legal regulation in European and global countries to assist the Ukrainian government, legal and notary community in implementing balanced and modern solutions to ensure access to notarial services. Despite Ukraine’s success in digitizing public services, the issue of remote access to notary services, in particular through video communication, remains open. Martial law and mass migration have made it difficult for millions of Ukrainians to receive notarial services, as many of them need to be present in person. BRDO experts emphasize that the implementation of remote notarial services is possible subject to cybersecurity and the introduction of additional verification mechanisms.
“6.7 million Ukrainians abroad have limited access to notarial services because they can only receive them through Ukrainian embassies and consulates, which cannot be located in every foreign city or village. In our study, we propose ways to help provide such services in a remote format, which is extremely important in times of war. This will become the basis for determining specific steps in the further development of a comprehensive system of digital notary services,” said Оleksii Dorogan, CEO of the Better Regulation Delivery Office (BRDO).
“While working on the comparative study of digitalization of notary, our team carefully studied the practices of other countries. We analyzed more than 200 sources, sent inquiries to 20 countries, and received detailed responses from four countries where digital notaries are successfully operating: Estonia, Lithuania, Latvia, and France. This gave us the opportunity to explore different approaches to remote notary services, assess legal and technical requirements, and adapt international experience to Ukrainian realities,” said Tymur Mykhailov, the legal expert of the Better Regulation Delivery Office (BRDO).
Key recommendations of the BRDO:
- Use analytical materials on international experience in the digitalization of notaries in the preparation of proposals for the digitalization of notaries in Ukraine.
- During the implementation of remote notarial acts, move gradually from less risky notarial acts to more risky ones.
- Create a comprehensive digital system that will allow the provision of notarial services remotely and electronic document management, ensuring the availability and preservation of notarial documents.
- Implement additional technical validators to reduce the risks of fraud and coercion in the provision of remote notarial services.
- Implement remote certification through a webcam: identity verification using video communication will allow notary services to be provided remotely, and consideration of full automation of notary services is possible after accumulating experience in this area.
- Expand the list of notarial acts in a remote format, taking into account the successful experience of other European countries.
The study shows that the introduction of electronic notaries can significantly reduce the impact of war-related threats, such as the loss of documents and physical destruction of archives. The recommendations of the BRDO are aimed at creating a reliable digital system that will meet the needs of Ukrainians in wartime and facilitate the convenience and accessibility of notarial services.
The full version of the study is available via the link. Please leave your comments, suggestions or remarks on the study by following the link until November 13.
This event was made possible with the support of the American people provided through the United States Agency for International Development (USAID) under the Justice for All Activity.