Ukrainian interpreter at the notary: powers of attorney, documents and the procedure

Language of the act and statutory arrangements

Art. 2 § 3 of the Notarial Law provides that notarial acts are performed in Polish. At a party’s request, a notary may additionally perform an act in a foreign language, using their own knowledge of that language demonstrated in the manner prescribed for sworn translators, or the assistance of a sworn translator. Art. 87 § 1 pkt 1 concerns a participant who does not know Polish: if a translation into a language known to that person has not been attached, the notary translates the deed or other document personally or with an interpreter’s assistance, applying art. 2 § 3.[1]

The legislation therefore provides specific solutions depending on the material prepared and how the act is carried out. An attached translation into a language known to the participant and the presence of an interpreter require organisational arrangements with the notary. Knowledge of Polish in everyday conversation does not in itself indicate an ability to understand a deed concerning mortgages, disposal of a share or detailed powers of representation. Information provided to the office should specify the participant's language of communication and the type of document planned. It is then possible to establish which translation will be prepared in advance, what acts the meeting will cover and who will interpret them. The plan should also include the party's questions and any changes to the draft.

Participant details and source documents

The agreed version of the draft and the documents used as the basis for the parties' details are supplied for preparation of the translation. In practice, these include identity documents, civil status records, company documents or an earlier power of attorney, depending on the act involved. For given names and surnames written in the Ukrainian alphabet, Art. 14(2) of the Act on the Profession of Sworn Translator identifies a travel document or a copy as the basis for transliteration or transcription. If these are unavailable, the spelling rules of the country where the translated document was drawn up apply. The passport page showing the Latin-script spelling therefore helps organise the preparation of personal details, particularly where they have previously been used in Polish documents.[2]

If a surname changed after marriage or the documents contain different spellings for the same person, the set should include material explaining the connection. Company documents require attention to the full name, registration number and capacity of the signatory. For property, the land and mortgage register number and the identification of the unit, plot and share must be preserved exactly as they appear in the source. The translator compares these details between the draft and the annexes. To keep the order clear, documents intended for translation are distinguished from supporting material supplied solely for terminology preparation. This distinction prevents every page received from being treated as a separate order for a certified translation.

Power of attorney: scope of authority and attorney's details

For a power of attorney, the material for translation includes the identification of the principal and attorney, the scope of authority and additional provisions in the draft. The distinction between authority to submit an application, collect documents, conclude a contract, dispose of a right and represent someone before a specified authority matters in translation. Wording concerning the appointment of substitute attorneys, time limits or the ability to act for several people requires consistent reproduction. The draft prepared by the notary provides the basis for terminology work. If the document will be used in Ukraine, information about the intended recipient helps identify the names of authorities and acts in the draft without changing the scope of its provisions.

Attachments referred to in a power of attorney are also supplied to the office: a property description, company details, vehicle documents or identification of proceedings. Comparing the information helps distinguish two people with similar names and link each authorisation to the correct subject matter. If the principal provides an earlier document as a model, it must be labelled as reference material and separated from the current draft. It is also important to establish whether the written translation concerns the draft before signature or the document already executed. The signed text may contain new dates, numbers, annotations and additional provisions absent from the earlier version.

Preparing terminology and the conversation

Advance access to a draft allows terminology preparation for the particular act: ownership, easements, mortgages, inheritance, shares or company representation. Section 70 of the TEPIS Professional Code identifies the need to establish the subject, scope and expected duration of interpreting.[3] A working document should have a date or version identifier, and later amendments should reach the interpreter before the meeting where organisationally possible. For a lengthy deed, a list of proper names and abbreviations is also helpful. A participant’s separate questions may be provided as preparation material to identify the terms they use and the documents concerned.

During the notarial act, interpretation covers the text read aloud, the participant's statements and the notary's answers within the agreed scope of participation. For long sentences or extensive lists of powers, dividing speech into shorter sections helps preserve every element. Repeated names, amounts and numbers must be rendered consistently throughout the conversation. Changes to the draft during the meeting must also be reflected in the interpretation. Preparing a written translation in advance does not remove the need to interpret additional explanations if they form part of the agreed communication. The person booking the interpreter should therefore provide information about the entire planned meeting, rather than only the length of the deed. In her research on court interpreting, Sandra Hale analyses how interpreters' choices affect exchanges between participants. When preparing a notarial meeting, this communicative dimension justifies including the entire conversation, including questions and answers, alongside the document text.[6]

Polish and Ukrainian documents in international use

For documents intended for use in the other country, the document format, need for translation and authentication issues are established separately. Poland and Ukraine concluded an agreement on legal assistance and legal relations in civil and criminal matters. Its Art. 15 provides exemption from legalisation within its specified scope. Official information from Poland's mission in Ukraine identifies this exception for public documents.[4][5] Application of the exemption depends on the document type and treaty requirements. When preparing a power of attorney, it is therefore necessary to establish what document will be created and the act for which it is intended.

Authentication of a document and certification of its translation concern different aspects of preparing the set. The order specifies whether the material also includes an attached certification, notarial annotation or additional document page. If the source is a copy, this is reflected in the description of the translation basis under Art. 18(2) of the Act on the Profession of Sworn Translator.[2] For a document issued in Poland and translated into Ukrainian, official copies, page count and the way annexes are linked to the main document also matter. Supply the recipient's requirements as a specific extract from correspondence rather than replacing them with a general description such as “power of attorney for use abroad”.

Agreeing the appointment and post-meeting material

Booking interpreting attendance requires the address of the notary's office, the date, time, anticipated duration, number of participants and type of act. If several powers of attorney or separate declarations are planned, information about each document defines the availability required. Providing a draft without stating whether it is the final version leaves preparation unresolved. If the appointment time changes, the organisational arrangements are updated; if the content changes, new material is provided. At the office of Vadym Rekel, sworn translator and interpreter of Ukrainian, TP/27/17, an assignment may include document translation and interpreting at an agreed act in Kraków or another agreed location.

After the meeting, the written translation is prepared from the agreed source document: a draft, an official copy or another document presented. Identifying the source is particularly important when the signed deed differs from the earlier draft. An order concerning a completed official copy requires all its pages and attached annotations. If several copies are needed for different recipients, their number and delivery format are agreed. The set to be used in the matter should contain the correct document and its corresponding translation. Organised file names, numbers and dates help maintain consistency even when several people send material.

Questions and answers