Appellate victory in a case to protect a notary’s professional reputation

LESHCHENKO & PARTNERS’ attorneys have successfully defended the interests of a private notary in a case of fundamental importance for the entire notary community.

The law firm represented the client in a dispute with the Ministry of Justice of Ukraine, the Higher Qualification Commission of Notaries under the Ministry of Justice and the Central Interregional Department of the Ministry of Justice in Kyiv. The subject of the appeal was the decisions and orders to revoke the certificate of the right to practice notary and to terminate the notary’s practice.

The reason for the actions of the justice authorities was the accusation of repeated violation of the rules of professional ethics of notaries, in particular, in connection with the client’s actions as a state registrar when making changes to the ultimate beneficial owners of legal entities. According to the defendants, these actions may have contravened the sanctions legislation and harmed the interests of the state.

The team of LESHCHENKO & PARTNERS conducted a comprehensive analysis of the legal position and procedural actions of the disciplinary authorities. In the course of consideration of the appeal, it was established that there were no sufficient grounds for cancellation of the certificate and significant violations in the decision-making procedure were identified.

On 2 April 2025, the Sixth Administrative Court of Appeal overturned the decision of the court of first instance and issued a new one – partially satisfying our client’s claims. The Court of Appeal declared unlawful and cancelled the disputed decisions and orders of the justice authorities.

The decision has entered into force, but may be appealed in cassation.

This case is yet another example of how a systematic approach and professional legal defence can ensure results even in complex conflicts with state authorities.

The case was handled by Oleksandr Leshchenko, Managing Partner, Attorney at Law at LESHCHENKO & PARTNERS