RAPPORT MACEDOINE - La déontologie
RAPPORT MACEDOINE
La déontologie
Rapporteur national: VASIL KUZMANOSKI

NOTARY DEONTOLOGY IN THE REPUBLIC OF MACEDONIA

1. INTRODUCTION

The Notary Office in the Republic of Macedonia was launched and made operational as of June 15th, 1998. Immediately upon commencement of the work of the first nominated notary, a need imposed to adopt Code of work for the notaries. Pursuant to Article 48 of the Status of the Notary Chamber of the Republic of Macedonia, the Assembly of the Chamber adopted Professional Ethic Code for Notaries on February 20th,1999. The Code itself presents cumulatively adopted principles to be considered by the notaries within their work and followed consistently. The principles are made in accordance with the accepted, respected and developed principles of professional ethics in the Notary Offices throughout the world where notary work is established, along with its activities.

Duty and obligation of all notaries in the Republic of Macedonia is to provide for proper application of the Professional Ethic Code and any violation in this respect is to be indicated in a collegial manner and followed by improvement, but also sent before the competent disciplinary bodies of the Chamber. Notaries are also obliged to diligently and conscientiously fulfill their professional duties of moral and material nature. The Notary Chamber of the Republic of Macedonia dedicates special attention to the Professional Ethics Code of the notaries and organized several special counseling meetings to this end, with its representatives regularly attending international seminars organized at the topic of notary deontology.

Notaries are held responsible for disrespect of the professional ethics of notaries, as per the Notary Law of the Republic of Macedonia and subject of disciplinary measures. Liability for committed criminal act or misdemeanor does not exclude disciplinary responsibility of the notary.

2. DISCIPLINARY RESPONSIBILITY OF THE NOTARY

The Notary Law regulates disciplinary responsibility of notaries in a separate manner, specifically violations of the Law, the Professional Ethics Code and the Chamber acts.

Notary shall be held disciplinary responsible if his/her behavior within the service, contrary to the Professional Ethics Code disturbs the honor and reputation of the notary service, puts in question the trust in notary service or violates notary duty by way of illegal, amateur or unconscientiously actions.

Amateur actions are considered to be violations of the Law by which notary violates rights of clients or third parties when performing notary duties.

Un-conscientious actions are considered to be actions contrary to ethic norms, professional standards and rules of the notary service. The notary is held responsible and subject to disciplinary measures for illegal, amateur or un-conscientious behavior, whether premeditated or out of negligence.

Grievousness of the violation of the service duty, consequences resulting from the violation, degree of responsibility of the notary him/herself, circumstances under which the violation happened, wrongful behaviour and work of the notary are taken into consideration when pronouncing disciplinary measures, along with other alleviating or aggravating circumstances. 

Disciplinary procedure against the notary is conducted by the Disciplinary Council within the Chamber pursuant to the provisions of the Notary Law and the Chamber acts.  

Disciplinary Council is composed of 5 (five) members and their deputies being elected for a mandate of 2 (two) years with no right to be re-elected. Two members and their deputies are elected by the Government of the Republic of Macedonia upon a proposal of the Nomination Committee of the Government of the Republic of Macedonia, one judge and his/her deputy upon proposal of the Judicial Council of the Republic of Macedonia and two members and their deputies elected by the Assembly of the Notary Chamber of Republic of Macedonia.

Disciplinary procedure is initiated upon proposal of the Minister of Justice, the President of the Basic Court within the jurisdiction of which the notary seat is located and the Chamber President, filing a motion for initiation of a disciplinary procedure upon a complaint from a notary or a client having had their rights or interests violated by actions of the notary. The motion for initiation of a disciplinary procedure is submitted before the Disciplinary Council and the Chamber President who immediately inform the Minister of Justice of initiating disciplinary procedure against notary public.

Following disciplinary measures may be pronounced for disciplinary violations against a notary:

-written reprimand;

-public reprimand;

-fine;

-temporary deprivation of the right to perform notary service and

-permanent stripping of the right to perform notary service.

The written reprimand or the fine amounting to the sum of one salary of a president of a Basic Court of extended competence as disciplinary measures shall be pronounced for:

-disrespect of working hours specified for the Notary Office;

-disrespect of the enterprise and roadmaps or their positioning contrary to the acts of the Chamber; 

-improper keeping of service acts and records;

-non-attendance of Chamber meetings and other working meetings which the notary is obliged to attend (seminars, advisory meetings, etc.);

-rude treatment of clients or improper behavior in front of the clients;

-behavior diminishing the reputation of the notary service and the notary;

-rude treatment of officials or other individuals the notary is in contact with when performing notary service and

-refusal or improper undertaking of obligations specified by acts of the Chamber;

  The disciplinary measure public reprimand or fine amounting to the sum of one to three salaries of a President of a Basic Court of extended competence shall be issued for:

-personal or intermediary made promise of the notary that the notary fee will be reduced;

-working under influence of alcohol or narcotics;

-improper records keeping and

-disrespect of legal provisions referring to the form of the notary document.

The disciplinary measure of fine amounting to the to the sum of three to six salaries of a President of a Basic Court of extended competence or temporary deprivation of the right to perform notary service in duration of one to five years shall be issued for:

-keeping no records of fees and taxes received in accordance to this Law and relevant rulebooks;

-charging greater fee or expenses contrary to the notary tariff;

-performing service activities forbidden by law;

-representing clients or creating documents in cases when it is forbidden by law;

-rude violation of the due respect for the courts and supervisory bodies, as well as bodies of the Chamber;

-non-execution of courts decisions for temporary deprivation of notary documents and of decisions of supervisory bodies to remove omissions in the work;

-creating private documents;

-creating notary documents or stamping private documents in a language contrary to  the provisions of this or another law regulating the use of languages;

-purchasing items at public auction or obtaining other rights for him/herself or his/her relatives (of first or up to fourth generation) during another procedure conducted by him/self as a notary or trustee of the court or representative of a client;

-inconsideration of legal provisions regulating the validity of the notary document;

-performing permanent or private services for compensation;

-taking up occupation which is not in line with the reputation, honor and the independence of the notary;

-taking up commitment of warrantees or responsibilities in jobs concluded with his/her participation as notary;

-representing political convictions when performing notary service;

-non-realization or partial realization of prescribed measures to ensure security of records;

-causing material damage to clients; 

-taking up service actions outside the jurisdiction of the notary and

-use of facsimile on service documents or books.

  The disciplinary measure of permanent stripping of the right to perform notary service shall be pronounced for:

-violation of the duty stipulated by law for performing notary work, seriously damaging the trust in the impartiality of the notary and in the documents he/she creates, especially if he/she undertakes activities for work forbidden by law;

-disrespect of legal provisions regulating validity of the notary document;

-corroboration of facts which did not occur in the presence of the notary;

-performing permanent or private service for compensation;

-taking up trade or intermediary jobs;

-taking up profession which is contrary to the reputation, honor and independence of the notary;

-signing contracts on his/her behalf for other people or on other people's behalf for him/herself or participating in legal issues when undertaking service actions as notary or court trustee;

-investing money having been entrusted for safe keeping to the notary on his/her behalf, contrary to the provisions of this law;

-taking up commitments of guaranty or responsibility in jobs contracted by his/her presence as a notary;

-performing notary work when being temporary distanced from the work or disrespecting the measure of temporary deprivation of the right to perform service in another way;

-representing political conviction when performing notary service;

-not undertaking or partially undertaking prescribed measures to ensure security of records;

-not implementing prescribed anti-money laundering and other proceeds of crime measures;

-causing material damage to clients; 

-receiving gifts or other form of benefit or putting personal financial interest in conflict with the position and the status of the notary;

-disclosure of classified information with classification level specified pursuant to a law;

-refusal to give or giving untruthful information to state authorities, legal entities and citizens, when so prescribed by law;

-illegal availing of funds entrusted to him/her;

-committing criminal act or misdemeanor when performing notary service or another criminal act or misdemeanor making the notary unbecoming of performing notary service or diminishes the reputation of the notary service or the notary and

-leaving out blank columns in the service record books of the notary.

  Disciplinary measures against the notary are pronounced by the Disciplinary Council.

The Disciplinary Council adopts:

-decision relieving the notary from responsibility of perpetrating disciplinary violation or

-decision founding the notary guilty of perpetrating disciplinary violation, issuing disciplinary measure.

  The decision of the Disciplinary Council pronouncing disciplinary measure may be appealed by the notary before the Chamber Administrative Board within 8 (eight) days of receiving the decision.

Within the appellate procedure, the Administrative Board makes a decision:

-abolishing the decision of the Disciplinary Council, returning the case for new procedure and decision and

-confirming the decision of the Disciplinary Council.

The decision of the Administrative Board confirming the decision of the Disciplinary Council for issuing disciplinary measure may be subjected to administrative dispute before the Administrative Court of the Republic of Macedonia.

3.SUPERVISION OVER THE WORK OF THE NOTARY

The legality of the work of the notary is subject to two types of supervision: regular and extraordinary.

The Minister of Justice controls the legality of the work of the notary.

The Minister of Justice may set up Committee to perform the supervision, composed of representatives of the Ministry and a judge from the competent court within the jurisdiction of the notary seat. When the supervision is done by the Minister, the president of the Chamber or person authorized by him/her have to be present.

Supervision over the work of notary is also performed by the Notary Chamber of Republic of Macedonia.

Supervision is made based on an Annual Plan adopted by the Administrative Board of the Chamber.

During the supervision, the Chamber or persons authorized by the Chamber provide guidance and evaluate the work of the notaries.

The Notary Chamber of Republic of Macedonia performs regular supervision over the work of one third of nominated notaries each year through its Committees.

In 2012, the Notary Chamber will perform supervision over the work of 32 (thirty two) notaries, covering notaries from all appellate jurisdictions in the Republic of Macedonia.

The supervision shall cover the period of the last two years (2010 and 2011).  

Notaries nominated with the last two announcements shall be covered with this supervision.

List of notaries that will have their work subject of supervision in 2012 shall be made in alphabetical order and correspondingly for every appellate jurisdiction, along with a list of two or three-member supervisory Committees specified by the Administrative Board.

Committees have been specified by the Administrative Board of the Chamber, working pursuant to the Notary Law, the Rulebook on supervision over the work and obligations of notaries and the Criteria on acting when supervising the work and obligations of notaries of the Republic of Macedonia.

  4. SUPERVISION OVER THE WORK OF THE NOTARY CHAMBER

Supervision over the work of the Notary Chamber is conducted by the Minister of Justice, covering supervision of the legality and efficiency of the work.

The President of the Chamber is obliged to enable access of the Minister of Justice to all premises, registers and books.

The Minister may set up Committee composed of members of the Ministry and a  judge of the competent court within the jurisdiction of the seat of the Chamber. When the Minister conducts supervision, the President of the Chamber or person authorized by him/her must be also present.

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