Ministry of Justice is committed to the digital transformation of notarial and registry services

Havana, Apr 6.- When commenting on the dynamics of the notarial and registry services of the Ministry of Justice (MINJUS) system, Olga Lidia Pérez Díaz, general director of Notaries and Public Registries of the MINJUS, highlighted that in recent times Notarial services and also registry services have increased exponentially. “I think it is the first time after the revolutionary triumph that so many notarial documents have been authorized,” she said.

She added that some 793,000 documents are recorded, while the activity of the Civil Status Registry is close to three million certificates issued. “Registrations increased, especially in marriages from the implementation of the new Family Code, as well as those related to the operation of agricultural cooperatives where notaries intervene in the implementation of this entire process. There is also growth in commercial registrars”.

“Deeds of marriage agreements are being authorized. Marriages between people of the same gender have been formalized and notarized documents of deeds of consent for access to assisted reproductive techniques have been made. This last point is something new that was introduced by the Families Code and that, in addition, is related to public policies related to the demographic situation”, added Pérez Díaz.

Pérez Díaz reported that so far this year more than 148,000 documents have been authorized in notaries and, in the case of civil registry activity, more than 815,000 certifications issued in two years. "This is already indicating to us that the trend is going to be growth, although our colleagues do not report some stability because we have managed to organize ourselves better to offer the services."

The directive highlighted that the growth of this activity has been faced with the same notaries, registrars, auxiliary personnel and in the same units; even with similar resources and the same computer equipment. Despite the quantitative increase, the general director of Notaries and Public Registries of the MINJUS recognized the deficiencies that still persist in these tasks; which not only have a direct impact on the population, but also affect the economic and social development of the country.

“In addition to providing legal certainty to the state, since the state is also the recipient of these services. For natural and legal persons in their own relationships, the notarial document and the registration in the registry are the pillars of legal security because they avoid future conflicts. We have a responsibility as the Ministry of Justice in dealing with these activities,” she commented.

Among the main dissatisfactions, she mentioned that "the quality and satisfaction of the demand for notarial and registry services is insufficient, as well as the professional and ethical performance of some notaries, registrars and auxiliary personnel." To solve it, she said, it is necessary to improve the regulatory provisions (Laws, DL and regulations) that regulate these activities and the digital transformation of services that avoid unnecessary bureaucratic burdens on the population, unjustified presence in the units, greater agility, security, quality, saving time and resources.

“I said at the previous Roundtable that we are characterized by a deep respect for the people and that is why we have to do well what we have to do and so we are now committed to the digital transformation of these services. What for? To avoid unnecessary burdens on the population, to not require unnecessary documents, which is one of the problems we have identified, to save resources, time," Pérez Díaz commented.

During her speech on television, Pérez Díaz emphasized the need to move towards a recognition of the validity and authenticity of notarial and registry electronic documents. "That is the aspiration we have in this prioritized program, which we have also been working on for some time."

To achieve these objectives, it is based, she said, on three fundamental pillars: Computerization - Communication - Science. She added that there are currently 21 more notarial units than in 2021. “Why? Because they respond to a strategy of approaching the service to the population”.

She stressed that as part of this design, teaching notarial units have been created in eight universities in the country. “These professors that we have there who are authorized and appointed as notaries provide services to the closest university community and in places where possible, these notaries also provide services to the surrounding community.

Later she referred to the records of the registry services. “Here a valid result that we have had was the creation of registry offices in hospitals with obstetrics wards (registration with quality of newborns and delivery of certification). There we have managed to have a permanent registrar with an auxiliary legal technician”.

Pérez Díaz pointed out that other of the more complex activities and "where we have the most problems with the performance of the registrars" is in the activity in the civil registry. “Errors persist and sometimes unnecessary documents are required. We have adopted organizational and functional measures, especially in terms of errors to simplify the processes when the errors do not affect the content of the registry entry”.

When speaking at the Round Table, Alicia López Pérez, director of the MINJUS Property, Personal and Real Estate Registry, said that since 1998 property registries have been reactivated where there have been important transformations, both in terms of regulations and in the simplification of registration procedures.

She added that they are currently in a process of improvement. “The registries provide protection and legal certainty to the population. Being registered, people have the right to these properties because the owner is presumed to be the owner.

López Pérez indicated that the records have a legitimizing effect given the validity of the documents necessary for the process. "This avoids conflict because the owner can enforce his rights against third parties."

She explained that for an entry to be declared ineffective or inaccurate, it must be accompanied by a court ruling. The court is the one that must declare the cancellation and emanate other effects of the registration.

There is a synergy, he said, between the notarial, administrative and judicial documents that are in the records.

The director of the Registry of property, furniture and real estate reported that the largest number of registrations that are made are of property and real estate of natural persons. "In 2022, 225 thousand 328 registrations were made, of which 314 thousand 371 correspond to natural persons."

She recalled that with the approval in 2011 of new guidelines, the purchase, sale, donation and permit of real estate was authorized. “The population can request the information that appears as the last entry in the registry to know who is the owner of the property and its characteristics. All this information allows you to be transparent when carrying out an act of sale, for example”.

Regarding the transformation in the registry, she explained that the legal norms have been updated, in addition to an automated management system in the registry offices. Likewise, work is being done on real-time control of registrations, advertising and resources.

"All this allows the control of the registration and updating of the state real estate, of political, social and mass organizations, of non-state legal entities," she pointed out.

What is the Commercial Registry? Regarding this type of records, Alicia López explained that it is a tool to provide legal certainty to all economic actors in commercial legal transactions.

The Mercantile Registry, he said, is of great importance for the economic development of the country. "It is the most dynamic of all those that exist, because not only are legal entities registered, but also the constitution of that company and the life of that economic actor is collected."

Entrepreneurs can find in this registry who they are negotiating with, if that legal person exists, if the legal representative is legitimated, what is the registered office, where can they send a claim or if they have economic solvency to develop a project, highlighted López Pérez.

She added that this registry is in the process of being perfected and work is being done on the elaboration of legal norms. "An integration process with other registries is planned, including the National Office of Statistics and Information (ONEI)."

After this process, the Mercantile Registry will become a primary registry with a unique code and, together with Xetid, the unique file for economic entities will be created, announced the director of the MINJUS Registry of goods, furniture and real estate.

For his part, Francisco García Enriquez, coordinator of the MINJUS Computerization Group, said that the computerization process and its higher phase, which is the digital transformation, have materialized. "It's a work-in-progress strategy."

“In 2008, the computer system was developed to digitize the Civil Registry, that is, births, deaths, marriage certificates. In addition, the digitization of the books began.

There are, he said, more than 71,000 books that have between 500 and 600 pages and 37 million entries, since all Cuban citizens are in these records and it dates from the second half of the 19th century.

“All this information must be entered into a computer system and this has been possible thanks to the work of our registrars. 19 digitalization centers have been created in the country in the different provinces”.

He pointed out that at this moment there are 14 million pages incorporated into the database.

García Enriquez added that they are also working on the digitization of notarial records. "The activities of the ministry that pay taxes on the provision of services to the population are being computerized."

At the end of the Round Table, the coordinator of the Computerization Group announced that this year the Ministry of Justification will make available to the population 18 certification services that can be requested through the Government Portal. (Text: Cubadebate) (Photo: Internet)