Moldovan government approves draft law on checking quality of notaries' services

Chisinau, 16 June /MOLDPRES/ - The cabinet of ministers today approved a draft law on the organisation of notaries’ activity, which aims to reform the institution of notary and restore its independence, the government’s communication and media relations department has reported.

Thus, the new draft proposes a clear and unreserved determination of the status of notary, notary trainee, conditions for admission to the profession, cessation of the notarial activities, as well as establishing the grounds and types of notaries' liability, penalties and ways of apply them.

The document also provides for the creation of the Notary Chamber as a body of self-administration and representation of the profession. The chamber will have a supreme body - the General Assembly of Notaries, within the competence of which there will be electing board members, president, approving the budget, the statute of the Chamber, Deontology  Code of notaries, and an executive body - the Chamber's Council.

To ensure the independence of notaries, improve the quality of provided notarial activities, as well as to ensure the rights and freedoms of persons, the authors proposed to divide the supervision duties between the Chamber of Notaries and the Justice Ministry. The Chamber of Notaries will be a body of self-administration and defence of the profession, and the Justice Ministry will exercise the duty of controlling and promoting policies in the field. Also, a licensing commission and disciplinary college are to be set up under the Justice Ministry; there are instruments to implement the quality control of the public service provided.

The gaps present in the current legislation on the notary institution: lack of clear and well-defined criteria for establishing the required needed number of notaries, notaries trainees; admission to the profession; way of collecting; lack of a professional body of notaries that would ensure the organisation and self administration of the professional activity of notaries represented the ground for developing the concerned draft law.

The draft will be considered by the parliament.

(Editor M. Jantovan)