Secondly, the notary establishes the identity of the citizen (Art.
The workload in school curricula should be determined by the age and health of the children. The control over observance of these norms in the order established by the legislation is provided by bodies of management of education and bodies of public health services.
Students of secondary schools are provided with: social and material assistance at the expense of central executive bodies and local budgets; preferential travel by city and suburban passenger transport.
Children with hearing, vision, musculoskeletal disorders are provided with individual correction.
Pupils of boarding schools of all types from among orphans and children deprived of parental care are on full state support, and those who study in other secondary schools are provided with food, clothing and other services.
Students of secondary schools, regardless of subordination, types and forms of ownership are provided with medical care.
Responsibility for the organization of nutrition of students (pupils) in secondary schools, compliance with the requirements of sanitary and hygienic and sanitary and anti-epidemic rules and regulations rests with the founders (owners), heads of these educational institutions, control over their health and food quality – to health authorities.
Parents or persons replacing them are obliged to provide conditions for the child to complete general secondary education in any form of education, to constantly take care of the physical health, mental condition of children, to create appropriate conditions for the development of their natural abilities.
The state also provides preferential conditions for admission to state and municipal vocational, higher education institutions for children with disabilities, orphans, children deprived of parental care, and other categories of children in need of social protection, provided they have a sufficient level of training. …
The Law of Ukraine "On Education" of May 23, 1991 stipulates that out-of-school education and upbringing is part of the structure of education and is aimed at developing children’s abilities, talents, meeting their spiritual needs and needs in professional determination ( Article 38).
According to the Law of Ukraine "On Extracurricular Education" of June 22, 2000, the system of extracurricular education consists of:
general educational institutions, regardless of subordination, types and forms of ownership, including schools of social rehabilitation, interschool educational and industrial complexes, vocational and higher educational institutions of I-II levels of accreditation; clubs, sections, clubs, cultural and educational, sports and health, research associations on the basis of secondary schools, training and production plants, vocational and higher education institutions of 1-11 levels of accreditation; clubs and associations at the place of residence, regardless of subordination, types and forms of ownership, cultural and educational, physical culture and health, sports and other educational institutions, establishments; foundations, associations whose activities are related to the functions of extracurricular education; relevant management bodies for out-of-school education and scientific and methodological institutions.
In addition, this law guarantees that:
pupils, students and listeners have the right to receive extracurricular education in accordance with their abilities, talents, preferences and interests (Article 6); the state protects the rights of pupils, students and trainees of out-of-school educational institutions and ensures the organization of education and upbringing of minors in accordance with the legislation of Ukraine (Article 20).
September 27, 2010
System of principles of notarial law
The system of principles of notarial law includes the principles of legality, validity of notarial acts, assistance to citizens and organizations in exercising their rights and legitimate interests, the national language, observance of the secrecy of notarial acts.
The principles of notarial procedural law are the main provisions that determine the content and essence of notarial law of Ukraine, characterize the organization and activities of notarial bodies, determine the most essential features of this branch of law.
The principle of legality
When notarial acts, the not performing is obliged to strictly follow the laws. In a more specific sense, this means that the notary in his work must comply with the rules of procedural and substantive law.
Adhering to the correct procedural order of notarial acts, the notary is guided by the laws of Ukraine, resolutions of the Verkhovna Rada of Ukraine, decrees and orders of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, and in the Autonomous Republic of Crimea. regulations of regional, Kyiv and Sevastopol city state administrations. Within its competence, the notary decides issues arising from the norms of international law, as well as international agreements concluded by Ukraine (Article 7 of the Law of Ukraine "On Notaries").
The legal guarantee of observance by a notary or other official who performs notarial acts of the principle of legality is provided by Art. 50 of the Law of Ukraine "On Notaries" the opportunity to appeal to the district court. Complaints against the actions of consular officials are considered in the order of subordination (Article 19 of the Consular Statute of Ukraine).
Implementation of the principle of legality requires compliance with the law and persons who apply for a notarial act. Violation of this requirement by them entails the refusal of the notary to perform a notarial act (Article 49 of the Law of Ukraine "On Notaries").
If necessary, having detected violations of the law during the performance of notarial acts, the notary and other officials shall notify the relevant enterprises, institutions, organizations or the prosecutor’s office to take the necessary measures. If the authenticity of the submitted document is in doubt, the notary or other officials who perform notarial acts have the right to detain such a document and send it for examination (Article 51 of the Law).
The principle of validity of notarial acts
The content of this principle means that all actions of the notary must correspond to the actual circumstances, and his conclusions must be substantiated.
To implement this principle, the legislation provides certain legal guarantees.
First, the notary has the right to request additional documents and information necessary to perform a notarial act (Article 46 of the Law of Ukraine "On Notaries").
Secondly, the notary establishes the identity of the citizen (Article 43 of the Law), checks the legal capacity of the citizen and the legal capacity of the legal entity, the powers of the representative (Article 44 of the Law), and certifying transactions and some other notarial acts – performing the authenticity of signatures. Law). When certifying agreements, the valid intentions of the parties are verified (Article 54 of the Law).
Third, to ensure an objective approach to the performance of notarial acts, the Law regulates certain restrictions on the right to perform notarial acts. This is necessary to prevent the use of official position and bias in resolving issues related to the performance of notarial acts (Article 9 of the Law).
According to this article, if notarial acts affect the personal or property interests of notaries or are related to the interests of their spouses, parents, children, grandchildren, grandparents, siblings, as well as employees of this notary office and employees relations with a private notary, the notaries in such cases are not authorized to perform notarial acts in their own name and on their own behalf, in the name and on behalf of their spouses, them and their above relatives, as well as on behalf of I also on behalf of the employees of this notary office and employees who are in an employment relationship with a private notary.
Similar restrictions apply to officials of executive committees of village, settlement and city councils. In addition, officials of executive committees may not perform notarial acts also in the name and on behalf of this executive committee.
In these cases, notarial acts are performed in any other state notary office, another private notary or the executive committee of another village, town, city council.
In case of exceptions to the general rule of territorial competence, notarial acts that in accordance with the legislation of Ukraine (Articles 55, 60, 66, 70, 71, 73, 53 of the Law) must be performed in a certain notary office or in the executive committee of a certain village, settlement, city council, are made in other notary office or in other executive committee according to definition of management of justice or the higher council.
Restrictions on the right to perform notarial acts in relation to consular officials are less. They may not perform notarial acts only in their own name and on their own behalf, in the name and on behalf of their spouses, them and their relatives in a direct line (Article 49 of the Consular Statute).
Regarding the officials listed in Art. 40 of the Law, which are authorized to certify wills and power of attorney, the restrictions on notarial acts apply to the same extent as for notaries and officials of executive committees.
The principle of assisting citizens and organizations in exercising their rights and legitimate interests
A fundamental provision in the activities of notaries and other officials who perform notarial acts is their duty to assist citizens and organizations in exercising their rights and legitimate interests, so that legal ignorance is not used to the detriment of interested parties (Article 5 of the Law ).
Forms of such assistance may be different. The notary explains the rights and obligations of the interested persons, warns top lab report writing services about the consequences of the notarial act. He also has the right to demand from organizations and officials the documents or information necessary for the performance of notarial acts, to give specific explanations on the performance of notarial acts and legal advice. If necessary, at the request of citizens or organizations may draw up draft agreements and statements, make copies of documents and extracts from them.
The principle of the national language
According to the content of this principle, notarial proceedings are conducted in the Ukrainian language or in the language of the majority of the local population. To ensure the implementation of the principle to interested persons who do not speak the language in which notarial records are kept, the texts of the executed documents must be translated by a notary or translator (Article 15 of the Law).